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Views from the Bridge: The Commercial Disputes newsletter

The latest views, news and legal updates from Howard Kennedy's Commercial Dispute Resolution team.

January 2023

"1 London Bridge

Spotlight on...

SRA issues warning on the use of SLAPPs

In December 2022, the Solicitors Regulation Authority published a notice to solicitors warning against the use of aggressive litigation practices, or so called 'SLAPPS'. Matthew Gill and Gabi Luknar discuss whether the government will progress plans for anti-SLAPP legislation, and, if so, what that might look like.

 

Legal updates and insights

Can an arbitration agreement be formed when the contract of which it forms part is not?

The Court of Appeal considered the separability principle in the case of DHL Project & Chartering Limited v Gemini Ocean Shipping Co Limited. Eloise Crompton looks at the impact on arbitration agreements.

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New 'gateway' used to grant information orders against cryptocurrency exchanges

The English courts have used a new jurisdictional gateway under the CPR to assist a victim of cybercurrency theft in obtaining information from crypto asset exchanges. Josh Page considers the decision in LMN v Bitflyer Holdings Inc.

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Confidentiality of disclosed documents stands strong in Chedington v Brake

The collateral use of information obtained in litigation is highly restricted under the CRP. Krisha Jethani looks at the balancing act required from the courts when considering the grant of permission to use documents in other proceedings.

 

A Year in the Spotlight: A look back at media law in 2022

From 'Wagatha Christie’ to SLAPPS to the Online Safety Bill, last year saw significant developments in media law dominating the headlines. Aimee Gavin relives them.

News from the Bridge

Directors' Outlook 2023

Directors will play a pivotal role in steering companies through the challenges of 2023. But what are the key issues to consider? Read our top four predictions and discover how to manage the risk.

READ OUR PREDICTIONS

Doing Business Better

How important is ESG to businesses in 2023? With the help of TRI Strategy, we surveyed business leaders to find out. Our report highlights the key role of ESG within business decision-making.

READ OUR ESG REPORT

Insolvency Corner

Liquidators can't have their cake and eat it: Supreme Court's dismissal of SIB appeal

Stanford International Bank Ltd (In liquidation) v HSBC had the hallmarks of a Quincecare duty claim. But the key question for the Supreme Court was whether a loss had in fact been suffered. Hannah Hooper looks at the outcome.

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Q&A with our Head of Business Advisory, Vernon Dennis

Solicitor Albert McClelland sat down with Vernon Dennis (Partner and Head of Business Advisory at Howard Kennedy LLP) to get his views on insolvency levels and the issues businesses are currently facing.

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