Expert Analysis

• Why UK Bitcoin Ruling Is Important To The Digital Asset World

  

  The recent U.K. Court of Appeal decision in Tulip Trading v. Van der Laan, as the first to consider the scope of fiduciary duty in cryptocurrency software development, is a significant ruling with wide-ranging implications for the international crypto community, say Ellen Keenan-O'Malley and Mark Lubbock at EIP.

• Key Aspects Of UK Proposal On 'Buy Now, Pay Later' Lending

  

  HM Treasury is consulting on draft legislation that will bring "buy now, pay later" within the Financial Conduct Authority's regulatory perimeter, and firms will need to consider whether the proposed temporary permissions regime gives sufficient time to get to grips with the requirements, say James Black and Virginia Montgomery at Hogan Lovells.

• What EU Cookie Consent Report Means For Website Owners

  

  The European Data Protection Board’s recent report on website cookie banner practices provides a useful overview of what authorities consider to be problematic, and with more enforcement actions to be expected this year, website owners may use it to review their own policies, say Thibaut D'Hulst and Defne Örnek at Van Bael & Bellis.

• Volatile Energy Prices Complicate Int'l Arbitration Damages

  

  In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.

• Navigating Adjudication And Insolvency After St. Philips Case

  

  The U.K. Technology and Construction Court's recent judgment in J A Ball v. St. Philips Homes contains useful guidance on the enforcement of adjudicators' decisions by companies in administration and insolvent companies generally, say Michael Sadler and Gavin Hoccom at Browne Jacobson.

• 5 Crypto Considerations For UK Policymakers

  

  A recent consultation paper from the U.K.'s HM Treasury about digital asset regulation has been touted as a cause for celebration, and while the wheels have been put into motion, there is still a lot of work to do when it comes to correctly regulating the U.K.'s cryptocurrency industry, says Oliver Linch at Bittrex Global.

• Crypto-Asset Consultation Sets Out Direction Of Travel For UK

  

  HM Treasury's phased approach in its recently published consultation on extending the U.K.'s future financial services regulatory regime for crypto-assets, although in many ways differing from parallel developments in the EU, is likely to be conducive to thoughtful policymaking, say attorneys at Cleary.

• A Breakdown Of The SRA's Proposed New Fining Powers

  

  Thanks to the Solicitors Regulation Authority's pending new fining framework, which includes guidance on unsuitable fines and a fixed penalties scheme for low-level breaches, firms can expect to see more disciplinary findings leading to an SRA fine rather than referral to the Solicitors Disciplinary Tribunal, say Graham Reid and Shanice Holder at RPC.

• Russian Bank Ruling Clarifies UK Sanctions Regime

  

  The recent U.K. High Court judgment of PJSC National Bank Trust v. Mints, a case brought by two Russian banks, is significant in clarifying that the U.K. sanctions regime does not deprive designated persons of their fundamental common law right to bring a claim in an English court, despite their assets being frozen, says Zoe O’Sullivan KC at Serle Court.

• EU Act Offers Financial Sector A Cybersecurity Framework

  

  Although unlikely to be a complete solution to all risk management issues, the Digital Operation Resilience Act, effective from 2025, will increase regulatory pressure substantially in the EU financial sector and demand compliance with several new requirements, say attorneys at DLA Piper.

• Expect UK And EU Cybersecurity Laws To Mature And Diverge

  

  Anticipated changes in cybersecurity legislation will strengthen both the U.K.'s and the EU's respective network and information systems, but potential inconsistencies mean organizations operating in both regimes should prepare for increased due diligence, say Louisa Chambers and Helen Reddish at Travers Smith.

• Warranty & Indemnity Insurance Considerations For M&A

  

  With increased competition and greater capacity leading to lower premiums and deal costs, warranty and indemnity insurance is now available to the wider M&A market, and may help to limit risk and help parties focus on other key elements of the transaction, says Alice Wooler at Birketts.

• What Firms Can Learn From FCA Consumer Duty Plan Review

  

  Based on the Financial Conduct Authority's review of around 60 consumer duty implementation plans, firms should focus on prioritizing effectively, implementing necessary changes and collaborating with other firms, all while considering the wider findings in developing their own plans and approach, say attorneys at Hogan Lovells.

• How Regulation May Affect The Role Of Crypto In The UK

  

  For crypto-asset firms to find a place in the U.K.’s burgeoning digital financial sector, the key is for regulators to strike the right balance between effective regulation and a regime that is sufficiently light-touch to make it attractive to the world’s major crypto companies, says Richard Cannon at Stokoe Partnership.

• 8 Steps To Improve The Perception Of In-House Legal Counsel

  

  With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.