Spotlight on:
Privy Council decides on the boundaries between Insolvency and Arbitration
In a significant decision that will impact both creditors and debtors alike, the Privy Council decided that the English Court's former approach, to dismiss or stay any winding up petition where the underlying debt is subject to an arbitration agreement, was wrong. Rebecca Stratton and Duncan Bagshaw explain the impact of the decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd.
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Legal updates and insights:
Landmark decision on malicious falsehood
The UK Supreme Court's decision in George v Cannell clarifies the legal landscape for claims of malicious falsehood under the Defamation Act 1952. The landmark case considered the interpretation of section 3(1) of the Act, particularly concerning the need to prove financial loss and the conditions for awarding damages. Alex Carr considers the decision.
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A business forward approach: the UK ratifies the Hague Convention 2019
Legislation needed to incorporate the Hague Judgments Convention into UK law has been published and the UK has deposited its instrument of ratification. This signals the UK's commitment to promote itself as an attractive jurisdiction for dispute resolution and international trade. Krisha Jethani provides an update.
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Landmark Court of Appeal judgment changes AML landscape in the UK
The Court of Appeal's landmark ruling in R (on the application of World Uyghur Congress) v National Crime Agency, could have profound consequences for businesses that identify criminality within their supply chains. David Hamilton explores how the decision narrows the "adequate consideration" defence and what this means for businesses.
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Regulation Revolution – AI Regulation in the EU and UK
The EU is putting a clear framework in place for the regulation of AI with the introduction of the EU Artificial Intelligence Act. The UK has taken a more laissez faire approach to date, encouraging regulators to step in and guide the future of Al regulation within existing legal frameworks. In his three-part series, Jim Fairlie compares the different approaches and highlights the benefits and potential drawbacks of each.
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News from the Bridge:
London International Disputes week key takeaways
Missed out on London International Disputes Week last month? It's not too late to catch up! Find the recordings and key takeaways from our sessions on Conquering Crypto and Contractual Disputes Involving States below.
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Insolvency corner:
5 key takeaways from the landmark wrongful trading decision in Re BHS Group Limited
In the recent case of Wright and Rowley, BHS and others v Chappell and others the liquidators of well-known high street retailer, BHS, successfully argued that the directors should be held liable for wrongful trading, misfeasant trading and individual acts of misfeasance. Rachel Brown provides her five key takeaways from the decision.
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"Medal"-ling with Olympic assets: what property falls into the bankrupt's estate?
It has been reported that Olympic medals belonging to Sir Bradley Wiggins may be sold off to pay his debts. High profile bankruptcy stories of this type serve to highlight the true impact of personal insolvency. So, what property actually falls into a bankrupt's estate, and are there any exemptions? Anna Trafford takes a closer look.
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And now for something completely different...
It's a👍from me
While on the one hand technology has given us such sophisticated advancements as blockchain, cryptocurrencies and generative AI, on the other it has provided us with… emojis. Where would we be without them?! It has been argued by some that far from debasing language, emojis add colour and emphasis to communications. They are popping up in Teams chats, Outlook emails and there's even a movie named after them. Even more interestingly, according to a Canadian decision, an emoji could be enough to seal the deal and form a valid contract. You can read more about this, including comment from our very own Nikki Edwards, here.
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