Views from the Bridge: The Commercial Disputes newsletter

The latest views, news and legal updates from Howard Kennedy's Commercial Dispute Resolution team.
November 2023

"View of London Bridge from North.

Spotlight on:

Tindall v Chief Constable of Thames Valley Police: Supreme Court grants permission to appeal in significant case on public authority liability

The case of Tindall poses fundamental questions about the extent of the duties owed by the police to members of the public when undertaking civil operational functions and the circumstances in which liability arises. These are areas of the law yet to be fully considered at apex level. Joel Leigh, instructed by the claimant, shares his analysis of the case.

Read More


Legal Updates and Insights:

Art dealers' duties on a sale of an artwork clarified

In a case of great interest to the art world, James Wingfield successfully defended a London art dealer in proceedings alleging negligence in the sale of an 18th century French painting. James explains the background and how the case has clarified the duties on art dealers and the circumstances in which negligence may arise. 

Read More


(Due) Process & Industrial Development? 

The saga arising from the relationship between P&ID and the Federal Republic of Nigeria has provided nearly a decade of dramatic twists for the watching global legal community and has redrawn the map when it comes to raising and addressing allegations of corruption in international dispute resolution. Duncan Bagshaw, Sanchita Agrawal and Toheeb Amuda discuss.

Read More


Will mediation become compulsory? Court of Appeal to consider question

Many believe it's time to reconsider the extent to which judges are able to compel parties to engage in ADR and perhaps even a move towards compulsory ADR. In her update, Boniswa Dzere considers whether the case of Churchill v Merthyr Tydvil CBC may provide an opportunity for a change of approach. 

Read More


News from the Bridge:

Court dismisses final claims against Howard Kennedy's client in Mozambique v Credit Suisse "Tunabond" mega-trial

In the trial between the Republic of Mozambique, Credit Suisse and other parties, one of the largest cases before the Commercial Court this year, the court has dismissed the last remaining claim against Howard Kennedy's client.

Read More


Insolvency Corner:

FTX bankruptcy and the regulation of crypto: an update

Earlier this month, founder and former CEO of US cryptocurrency exchange, FTX, Sam Bankman-Fried was found guilty of orchestrating a multi-billion dollar fraud and of money laundering. Rebecca Wyke provides an update on the FTX bankruptcy and implications for the regulation of crypto assets.

Read More

Law firm finances under fire – what happens when solicitors suffer financial difficulty?

UK law firm insolvencies have seen a remarkable 33% increase in the past year. Against the backdrop of the recent and high profile collapse of Axiom Ince Limited, Rebecca Stratton explores why so many firms are struggling and what happens when they can't stay afloat.

Read More

Company insolvencies rising and HMRC debt at record high levels

Rachel Brown considers the recent rise in company insolvencies, record levels of tax overdue to HMRC and takes a look behind the statistics. 

Read More


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