All Insights
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Commercial
In UK commercial contracting, is nothing agreed until everything is agreed?
'Ever Given' Suez grounding raised questions over whether there was a binding agreement for salvage services
Intellectual property
Unified Patent Court offers new opportunities for effective enforcement of European patents
The UPC becomes operational on 1 June and introduces major changes to patent litigation across Europe
Dispute resolution
Italy enters new era of arbitration 'friendliness'
Long-awaited reform giving arbitrators power to grant interim measures is good for international business and litigators
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
