On 1 August 2025, the UK Supreme Court delivered its judgment in Hopcraft and another v. Close Brothers Limited,[1] a case with far-reaching implications for retail financial services at large.
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English Court of Appeal Rules on Compensation for Data Breaches
The English Court of Appeal has handed down an important judgment in Farley v. Paymaster (Equiniti)[1] on when compensation may be claimed for nonmaterial damage (such as distress or anxiety) arising out of breaches of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA).
Tech Contracting: How to Draft and Act to Avoid Disputes
PART 1 Technology. Every business needs it. You either build it yourself or buy it from a third party. As litigators focussed on tech disputes for decades, we’ve seen the same problems with IT outsourcing leading to court appearances again and again. The solutions aren’t groundbreaking – they lie in careful drafting and smart conduct during the contract performance. But in the pressure of finalising …
Warranty Claims: Notification and Service Requirements Under the Microscope (Again)
The English High Court’s judgment in Learning Curve (NE) Group Ltd v. Richard Lewis and Melanie Probert[1] concerned the alleged breach of warranties and an indemnity in a sale purchase agreement (SPA). The defendants put up a vigorous and multifaceted defence, resulting in an extremely wide-ranging judgment. While much of the analysis is highly fact dependent, two of the issues traversed are worth highlighting – notification of claims under an SPA and service of proceedings.
On the Record: Cooley Litigation Trends Webinar Series – Technology Contract Disputes
Please join Cooley’s litigation team for the next session of our continued legal education (CLE) webinar series, where we explore trends and insights on the disputes landscape in the UK and mainland Europe, and the issues that drive them.
In this session, we’ll explore the most commonly encountered issues arising out of technology contracts and provide guidance on how to draft in a way that maximises your chances of avoiding disputes with other businesses and/or consumers.
UK Supreme Court Clarifies Scope of Dishonest Assistance Liability
The UK Supreme Court’s decision in Stevens v. Hotel Portfolio II UK Ltd has clarified the liability of dishonest assistants in cases of breaches of a constructive trust of secret profits. It also provides helpful guidance on determining liability in cases of successive breaches of fiduciary duties, specifically in relation to the application of the compensatory principle and ‘but for’ test, and the availability (or lack thereof) of a right to set off gains against losses caused by the breaches.
UK government reviews opt-out class actions regime – a decade in – time for a change?
The UK government has launched a review into the opt-out collective actions regime for antitrust law claims. This review comes a decade after the regime’s launch. During this period, the regime has developed significantly, with many claims being issued (now more than 60) and certified amidst much legal wrangling on procedural points. However, despite the proliferation of claims (and a small number of settlements), we have not yet seen the widespread consumer redress that the regime was created to achieve.
Litigation and Regulatory Trends for Online Marketplaces and Ecommerce: What You Need to Know in 2025
This blog post summarizes the key points presented by Cooley lawyers Claire Temple, James Maton, Andrew Linch and Enrique Gallego Capdevila during the firm’s recent “Online Marketplaces + Ecommerce” webinar, the latest instalment of our “On the Record: Cooley Litigation Trends Webinar Series,” focused on the UK and European Union (EU).
UK Arbitration Act 2025 Comes Into Force: A Newish Era for Arbitration in England and Wales
The long-anticipated reforms to the UK’s arbitration framework officially come into force today, modernising the Arbitration Act 1996 and reinforcing the UK’s status as a leading global hub for dispute resolution.
How to Win a ‘Battle of Forms’? Avoid Them!
The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as to whose standard terms have been incorporated.