A crisis can take many different forms. Depending upon the nature of the business in question, a crisis can mean a crippling cyber-attack, material fraudulent activity coming to light, a whistleblower raising serious allegations of impropriety, or something else entirely that is unique to the business.
Latest Articles
UK Supreme Court rules on whether a product is defective
A decision of the UK Supreme Court has reaffirmed recent judicial guidance on the approach to defects under the UK’s product liability regime and held that actions including the issuing of official notices and alerts by regulators and the manufacturer, and the voluntary withdrawal of the product range from the market, are not prima facie evidence of a defect alone and should be considered in light of other evidence.
Crypto-nite: Court of Appeal to consider whether cryptocurrency software developers owe a duty of care to currency owners
In Tulip Trading Ltd v Bitcoin Association for BSV and Others the High Court considered whether software developers of cryptocurrency networks could owe a duty of care to owners of digital assets that have been lost or stolen.
Data Disputes: How the English Class Action Landscape is Shaping Up
The number of class actions brought in the UK is likely to grow considerably. In particular, we expect Claimant firms to continue making claims for misuse use of data where an issue affects a large number of individuals.
What Are You Implying?
In Yoo Design Services Ltd v Iliv Realty PTE Ltd the Court of Appeal has, once again, shown itself to be averse to exercising the ‘extraordinary power’ to intervene in a contract by implying a term in anything other than the most clear-cut cases. While it is understandable that claimants, in the absence of any helpful express terms, make claims based on the implication of terms, a party doing so must appreciate the height of the hurdle to be cleared.
Court Rejects Attempt to Commence Claims for 3,500 Claimants in Single Claim Form
The High Court of England and Wales has provided guidance on when it is permissible to combine several individuals’ claims in a single claim form.
Service by Blockchain Technology
In another example of the court embracing technology in the furtherance of access to justice, the High Court of England and Wales has permitted service by way of a non-fungible token.
Heavy Redactions Subject to Increased Vigilance from the Court
The High Court of England and Wales has ordered a defendant to redo a significant portion of his disclosure as a result of a failure to properly explain the basis for heavy redactions across a significant number of documents
Dispute Resolution no Longer Alternative
Alternative Dispute Resolution is henceforth to be called Negotiated Dispute Resolution. This change in nomenclature, introduced in the 11th Edition of the Commercial Court Guide, reflects the drive to place dispute resolution at the heart of the litigation process. The message is clear: engaging in dispute resolution should be a standard part of the litigation process.
Resolving Exclusion Confusion
In its hotly anticipated judgment in Soteria Insurance Limited (formerly CIS General Insurance Limited) v IBM United Kingdom Limited the Court of Appeal of England and Wales has reaffirmed that the courts should apply the conventional rules of contractual interpretation to exclusion clauses: if parties intend to exclude a particular type of loss, they should use clear and unambiguous language to do so.