Expert Analysis

• UK Ruling Offers Useful Guidance To Insolvency Practitioners

  

  The recent U.K. High Court ruling in a matter involving Sova Capital represents the first unsecured credit bid to be approved by an English court, demonstrating a pragmatic approach to complex sanctions-related administrations and identifying a novel solution for insolvency practitioners to maximize value for the benefit of creditors, say attorneys at Katten.

• UK's Draft Fraud Offense And How It May Affect Companies

  

  The new U.K. corporate criminal offense of "failing to prevent fraud," recently published in draft form, will make it easier for prosecutions to be brought against companies, with no need to show that the "directing mind and will" of a company were involved in the fraud, say attorneys at Allen & Overy.

• Fresh View Ruling Offers Clarity On Forfeiture Orders

  

  The pragmatic focus on property rather than the defendants’ wrongdoing in Fresh View v. Westminster Magistrates' Court will be welcomed by enforcement authorities, although the low bar where mere knowledge or suspicion of unlawful conduct may be sufficient for forfeiture could be of concern to innocent recipients, says Joseph Sinclair at Mountford Chambers.

• Court Ruling Strengthens EU Stance On Non-Notifiable M&A

  

  The recent European Union Court of Justice's decision in Towercast can be seen as part of a pattern of increasingly rigorous scrutiny of M&A, and provides scope for greater intervention by national competition authorities on acquisitions by dominant companies that do not meet the EU or national merger control thresholds for notification, say attorneys at Herbert Smith.

• 2 EU Laws Could Supercharge Product Liability Class Actions

  

  The European Union's Representative Actions Directive, and forthcoming reforms of its Product Liability Directive, represent a fundamental change to the EU product liability landscape — and will likely leave businesses facing a new wave of European class action litigation, say Edward Turtle and Harriet Jones at Cooley.

• How SRA Workplace Culture Guidance May Help Legal Sector

  

  Whether or not the Solicitors Regulation Authority acts on its recently released guidance on toxic workplace environments in law firms and imposes harsh sanctions, it will hopefully encourage some positive top-down changes, and should give individuals confidence to demand acceptable behavior, says Georgina Calvert-Lee at Bellevue Law.

• The Value Of A Written Agreement Is Made Clear By UK Ruling

  

  The recent U.K. Court of Appeal decision in Zymurgorium v. Hammonds should serve as a reminder that although supply and distributorship agreements do not need to be in writing to be enforceable, putting pen to paper can provide an extra level of security for both parties, say Millie Pierce and Stephen Sidkin at Fox Williams.

• Proposed EU Directive May Bring Harmony To Insolvency Law

  

  The diverging insolvency regimes across European Union member states often lead to significant discrepancies in the recovery value for creditors, but a recent proposal for a directive that would affect areas like directors' duties and prepack processes represents a welcome move toward the harmonization of these laws across the EU, say attorneys at Taylor Wessing.

• UK Enviro Ruling Takes Narrow View Of Standard Of Review

  

  In an important case that should provide comfort to investors involved in large public-finance backed infrastructure projects, the U.K. Court of Appeal's judgment against Friends of the Earth suggests that English courts will only intervene in limited circumstances where the U.K. government is challenged on the basis of an international treaty, say Holly Stebbing and Maddie Hallwright at Norton Rose.

• The UK's Pursuit Of Simplified Holiday Leave Calculations

  

  The British government's recent proposed amendments to the Working Time Regulations, which simplify statutory holiday entitlement calculations for part-year workers, demonstrate an intent to mitigate the confusing implications of the U.K. Supreme Court's 2022 ruling in Harpur Trust v. Brazel, but more clarity may be needed, say Josie Beal and Megan Simpkins at Birketts.

• Examining The New UK Service Guidance For TM Proceedings

  

  A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.

• Navigating The UK's New Information Litigation Landscape

  

  Guidance as to which kinds of data protection claims can be brought and what level of compensation can be achieved in different circumstances is beginning to appear, and the recent High Court cases of FGX v. Gaunt and Driver v. Crown Prosecution Service in particular demonstrate the range of what may be awarded, says Claire Williams at Mills & Reeve.

• UK Ruling Clarifies Standard To Be Used In Sanctions Reviews

  

  In distinguishing the statutory threshold of “reasonable grounds to suspect” under the U.K. sanctions regime, the U.K. High Court recently dismissed Synesis v. Secretary of State for Foreign Affairs, the first delisting case to come before the U.K. courts, say Liam Lane at Peters & Peters and Joseph Sinclair at Mountford Chambers.

• Crypto And The Potential For Insider Dealing Offense

  

  Recent cases have raised concerns about crypto providing new opportunities for insider dealing, and while it isn't more vulnerable to schemes than any other security, the lack of regulation and the newness of the technology exasperate its susceptibility to insider trading and potential criminal offense, say Adam Craggs and Alice Kemp at RPC.

• A Look At M&S' Registered Design Claim Win Against Aldi

  

  Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.