All Insights
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Regulatory Outlook
Bribery, fraud and anti-money laundering | UK Regulatory Outlook April 2023
Government publishes Economic Crime Plan 2 for 2023-2026 | 'Failure to prevent fraud' introduced through Economic Crime and Corporate Transparency
Financial Services
When is a director personally liable for being 'knowingly concerned' in a company's breaches?
The UK's FCA takes an expansive view as to what actual knowledge a director is required to have for it
Dispute resolution
The litigation risks of greenwashing: what would a misrepresentation claim in England and Wales look like?
Alongside growing regulatory, investor and consumer scrutiny of green claims, businesses face increasing risk of a misrepresentation action
Dispute resolution
Dismissal of directors by the general meeting: a Spanish case law analysis
A recent ruling recalls that the power to remove directors by the general meeting does not require a 'reasonable justification'
Dispute resolution
Federal Ministry of Justice unveils plans to update Germany’s arbitration law
Twelve key reforms identified to modernise the existing statutory framework for arbitration in Germany
The Built Environment
The New Homes Quality Code revamps rules for housebuilders and developers
Regulations include pre-completion inspections, a complaints procedure and restrictions on high-pressure selling
Business crime
UK government confirms new corporate criminal offence of failure to prevent fraud
Significant development for corporate criminal liability
Real estate
UK County Court rules in favour of landlord imposing redevelopment break into renewal lease
Landlords' redevelopment plans 'trump' tenants' security of tenure under the Landlord and Tenant Act 1954
Dispute resolution
The Law Commission consults in England and Wales on determining the law of an arbitration agreement
Proposal of new rule where the law of the agreement is the law of the seat unless the parties expressly
Business crime
What is the UK's second Economic Crime Plan seeking to achieve?
Is the government's outcome-focused plan ambitious enough?
Dispute resolution
Ten tips to de-risk litigation for the bottom line
Beware limitation periods and multi-jurisdictions, get the right expert, manage costs and time, keep on top of insurance
Dispute resolution
UK Litigation Brief | April 2023
Welcome to the latest edition of Osborne Clarke's Litigation Brief