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Dispute Resolution Update - October 2018

01 November 2018

Welcome to our October 2018 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.

Articles in this edition

SFO V ENRC: Landmark privilege decision by Court of Appeal - The Court of Appeal has handed down its much anticipated decision in the Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) appeal. In a judgment that will leave many lawyers breathing a heavy sigh of relief, the Court of Appeal overturned large parts of Mrs Justice Andrews’ first instance decision. - Read the main article here. Our update on the decision not to appeal can be found here.

Disclosure Pilot Scheme to start in January 2019 - The Civil Procedure Rule Committee has approved the new Practice Direction which sets down rules for a mandatory disclosure pilot scheme. It will run for two years in the Business and Property Courts in England and Wales, starting on 1 January 2019 - Read more

Two wrongs don’t make a right: Court of Appeal decides illegality is no defence to professional negligence claim - For public policy reasons, the Court of Appeal has held that the defence of illegality was not available to a firm of solicitors that failed to register a property transfer to a client involved in mortgage fraud. The court decided that there was no risk that enforcing the client’s negligence claim would undermine the integrity of the justice system and she was entitled to damages, in spite of the fraud - Read more

Corporate Governance and Insolvency reforms - The UK Government is implementing measures to strengthen corporate governance and insolvency laws. The aim is to increase accountability, improve creditor protection and promote company rescue. This note comments on a selection of the proposals which were published at the end of the summer - Read more

The regulator and the right of reply: two recent cases involving the Financial Reporting Council - FRC investigations naturally focus on those under its jurisdiction, such as its member accountancy firms and individual auditors. Sometimes, however, the conduct of the audited company and its managers will also be relevant. Two recent cases have discussed the duties owed by the FRC to these entities. The cases will be relevant to other regulators - Read more

Accountancy Age: Compulsory retirement: avoiding the partner pitfalls - Clive Greenwood and Frances Simm write for Accountancy Age: Compulsory retirement: avoiding the partner pitfalls - Read more

Commercial Court confirms that Recast Brussels Regulation does not permit intra-EU anti-suit injunctions - The decision in Nori Holdings has reaffirmed that West Tankers remains an authoritative statement of EU law, providing welcome clarity following the introduction of the Recast Brussels Regulation and Advocate General Wathelet’s comments in Gazprom. However, whether or not the UK courts will regain the ability to grant anti-suit injunctions restraining proceedings in EU courts after the UK leaves the EU remains to be seen - Read more

Client Guides

Unexplained Wealth Orders - Read more

Legal Professional Privilege - Read more

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