Views from the Bridge: The Commercial Disputes newsletter

The latest views, news and legal updates from Howard Kennedy's Commercial Dispute Resolution team.
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Analysis: the landmark judgment in BTI v Sequana & Ors

On Wednesday 5 October the Supreme Court handed down its judgment in BTI v Sequana & Ors. The ruling confirmed the position on the so called "creditor duty" and provides clarity on the framework under which directors should make potentially critical decisions. Here, Tim Bignell and Krisha Jethani offer their insights.



Legal updates and insights

Time for change: Law commission review of the Arbitration Act

The Law Commission has released its proposed changes to the Arbitration Act 1996. With the consultation ongoing, Luke Bardon de Lacroix and Rosie Morris provide their insights on key conclusions reached in the report.


When might a director be at risk as a joint tortfeaser?

Alexandra Campbell considers the Court of Appeal decision in Barclay-Watt v Alpha Panareti Public Ltd and the guidance it provides on the potential for liability on the part of directors as joint tortfeasers alongside a company.


The Online Safety Bill: where are we now?

It has been just over six months since the Bill was introduced, Elizabeth Morley gives an update on the most recent Notices of Amendments.


Quick read: crypto fraud, information orders, and Gateway 25

A change to English service rules promises to have a significant impact on the use of Norwich Pharmacal Orders and Bankers Trust Orders in fraud cases where third parties holding key information are located overseas. Read Robyn Watson's summary here.

Benchmark your ESG policy

Howard Kennedy have partnered with Turnaround, Restructuring & Insolvency (TRI) to understand the role of ESG within business. We want to understand the role it plays within your organisation's commercial strategy, the efficacy of existing legislation in guiding businesses on their ESG obligations, and the impact of a possible recession on your organisation's ability to do "business better". 

This short survey, formed of yes / no and sliding scale questions, will take less than 5 minutes to complete. All respondents will be in with a chance to win a complimentary pass to the TRI Conference taking place on 8 December 2022 at Hilton Lodge Bankside, London.

The results will be presented at the TRI Conference and published on our website in December.



Insolvency Corner

Court clarifies key component of bankruptcy law

Hannah Hooper discusses the main takeaways from the recent ICC case of Dusoruth v Orca Finance, in which the applicant sought to cancel a bankruptcy order by way of annulment.


R3 report makes recommendations for tackling fraudulent activity

The report proposes widespread reform to address the growing problem of fraud in the UK. Tim Bignell and Robyn Watson consider three of its key proposals.



News from the Bridge

Partnering with the Scottish Arbitration Centre

Our International Arbitration team, led by Partner Duncan Bagshaw, has agreed a unique partnership with the Scottish Arbitration Centre to offer administrative services whilst the Centre develops its caseload. 



And now for something completely different ...

Do you believe in ghosts?

The reasonableness of a belief in ghosts was an important question in the so-called "Hammersmith Ghost murder case".

Towards the end of 1803, residents in Hammersmith reported a ghostly apparition haunting the area around Black Lion Lane. One night a stake out for the ghost resulted in the death by gunshot wound of a passing man dressed in white.

Francis Smith handed himself in to police and was tried for murder. Smith pleaded guilty to manslaughter – he genuinely believed he had shot a ghost. The judge considered this belief so absurd that he directed the jury either to find Smith guilty of murder or to acquit him. Smith was found guilty and sentenced to death. Public outcry resulted in the sentence being reduced to one year in prison.


Our lawyers are experts in their fields. Through commentary and analysis, we give you insights into the pressures impacting business today.