Introduction The UK’s Online Safety Act (OSA) imposes extensive obligations on certain types of online service providers to protect users from illegal and harmful content. A key focus of the OSA is the protection of children online, and special obligations are conferred on service providers whose platforms are “likely to be accessed by children”. Under the OSA, Ofcom, the UK’s online safety regulator, is required …
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The Dangers of Interfering with Expert Evidence
The recent decision in Glover and Another v. Fluid Structural Engineers & Technical Designers Ltd and Others[1] should serve as a warning to practitioners to pay heed to the strict rules regarding expert evidence and, in particular, not to interfere at all with the production of the joint expert report
UK Competition and Markets Authority Receives Enhanced Merger Control and Enforcement Powers
The Digital Markets, Competition and Consumers Act (DMCC), which became law on 24 May 2024, represents a major shift in UK digital, competition and consumer protection regulation. In particular, the DMCC:
UK Supreme Court Emphasises Importance of Mitigation in Sale of Goods Claims
In its judgment in Sharp Corporation Ltd v. Viterra BV[1] handed down last month, the UK Supreme Court held that damages for nonacceptance of goods should be determined by reference to the realisable value of the goods left in the seller’s hands in consequence of nonacceptance – and not on the basis of a notional substitute contract on the same terms as the parties’ contract.
Commercial Purpose Key to Interpreting Claims Notice Clauses
The English Court of Appeal’s recent decision in Drax Smart Generation Holdco Ltd v. Scottish Power Retail Holdings Ltd[1] put commercial purpose at the heart of interpretation of a claims notice clause, thereby avoiding the technical minefield that has brought an end to otherwise valid claims so often in recent years.
MUR Shipping BV v. RTI Ltd: UK Supreme Court Allows Appeal
In a final twist to this long and winding litigation, the UK Supreme Court has allowed MUR Shipping’s appeal, holding that ‘reasonable endeavours’ provisions in force majeure clauses (express or implied) do not require parties to accept noncontractual performance.
Court of Appeal Decides Principles Permitting Group Litigation by Allowing Multiple Claimants to Make Individual Claims on Single Claim Form
England has no direct equivalent to US class actions. However, there are various claim models under English procedural rules (CPR) that have similarities. They are summarised in our October 2022 blog post – Data Disputes: How the English Class Action Landscape is Shaping Up.
International Bar Association Publishes 2024 Guidelines on Conflicts of Interest in International Arbitration
In February 2024, the International Bar Association (IBA) published the 2024 edition of its Guidelines on Conflicts of Interest in International Arbitration.
Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party
In NTT Limited & Others v. Goodall,[1] the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings that would involve only three of the seven claimants. The case is a good example of the breadth of the courts’ discretion in such matters.
Law Commission Consultation “Digital Assets and Electronic Trade Documents in Private International Law: Which Court, Which Law?
The Law Commission of England and Wales has, for the last four years, been heavily focussed on addressing the legal issues that arise in the context of emerging technologies.[1] It has now started work on a new project to examine and clarify how existing private international law does and should apply to emerging technologies – specifically, digital assets and electronic trade documents. It has issued a call for evidence from stakeholders, with responses to be submitted by 16 May 2024.