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Rolls-Royce entitled to hit the brakes in dispute over termination of a software services agreement (Topalsson v Rolls-Royce)
In Topalsson GmbH v Rolls-Royce Motor Cars Limited [2023] EWHC 1765 (TCC), the High Court has provided useful guidance on how to determine whether a software implementation timeline agreed by the parties is binding, when implementation is considered complete and in what circumstances failing to complete implementation by the contractual deadlines entitles the customer to terminate the contract.
Read moreA narrow escape – software services provider entitled to rely on single aggregate liability cap (Drax v Wipro)
When it comes to bespoke software development projects, a lot can go wrong. There's risk for the customer such as project delays, software defects, functionality issues and a lack of meeting of minds in terms of project requirements.
Read moreRansoms and Sanctions and Fines (oh my!)
Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.
Read moreRansoms and Sanctions and Fines (oh my!)
Ransomware attacks are happening all the time. Just the other month, the Cl0p ransomware gang claimed responsibility for the exploitation of a zero-day vulnerability in the MOVEit Transfer tool.
Read moreCrypto damages quantification: valuation at the date of breach or date of judgment?
In Southgate v. Graham [2024] EWHC 1692 (Ch), the High Court addressed an appeal from the County Court concerning inter alia the appropriate date for assessing damages in a cryptocurrency loan dispute. Initially, the County Court determined that the damages should be based on the cryptocurrency's fiat value at the breach date. Due to the volatility of the cryptocurrency, this decision would have resulted in significantly lower fiat damages award than if the valuation were based on a later date. The High Court allowed the valuation date part of the appeal, directing a further hearing to establish the appropriate date.
Read moreSummary judgment against persons unknown – a tale of two crypto judgments
Two recent crypto judgements in the High Court, Mooij v Persons Unknown (February 2024) and Boonyaem v Persons Unknown (December 2023) reached different conclusions regarding whether a summary judgment could be granted against unidentified (and unidentifiable) fraudsters, with Mooji deciding 'yes' and Boonyaem deciding 'no'.
Read moreSupreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank
In Byers v Saudi National Bank, the Supreme Court affirmed the findings of the lower courts by holding that a claim for knowing receipt cannot be made if a claimant’s equitable interest in the property in question has been extinguished by the time of the defendant’s knowing receipt of the property.
Read moreMerchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps
In a significant judgment in Banca Intesa Sanpaolo and Dexia Credit Local SA v Comune di Venezia [2023] EWCA Civ 1482, the Court of Appeal overturned the findings of the High Court
Read moreBinance successfully challenges interim proprietary injunction over deposited cryptoassets
In Piroozzadeh v Persons Unknown and Others [2023] EWHC 1024 (Ch), the cryptocurrency exchange Binance successfully applied to discharge an interim proprietary injunction obtained by a claimant whose misappropriated cryptoassets had been deposited at the exchange. This is the first recorded case of an exchange successfully having discharged such an injunction.
Read moreHigh Court favours English jurisdiction in bribery claim brought by Kuwaiti pension fund
The High Court recently rejected an application, brought by two defendants to an alleged bribery claim advanced by a Kuwaiti pension fund, that the claim should be heard before the Swiss courts, holding that England was the proper jurisdiction both in order to avoid the risk of fragmentation of proceedings, and in view of the close connection of the claim to England.
Read moreConsidering bringing an RFI application? Is it strictly necessary?
Andrew Ayres KC and Andrew Dinsmore (Twenty Essex), instructed by Parham Kouchikali and Suzie Kurdi of this firm, successfully resisted a Request for Further Information (RFI) in the High Court.
Read moreCourt of Appeal rejects timing and informed consent defences in bond bribery case
In a recent decision, the Court of Appeal decided in Trafalgar Multi Asset Trading Company Limited (in liquidation) v James David Hadley and others that pleaded defences to a bribery claim were so fanciful as to entitle the claimant to summary judgment.
Read moreHigh Court rejects Group Litigation Order in FSMA litigation as it would not further the Overriding Objective
In a recent decision in Edward Moon & Ors v Link Fund Solutions, Mr Justice Trower dismissed an application by two groups of claimants, declining to make the Group Litigation Order (GLO) sought.
Read moreNo loss? No Quincecare claim … the Supreme Court judgment in Stanford International Bank v HSBC
The Supreme Court has handed down its judgment in Stanford International Bank Ltd v HSBC Bank plc, deciding that there was no pecuniary loss suffered by the Claimant and therefore no basis for a Quincecare claim.
Read moreNo need for perfection: ISDA Master Agreement default notice still valid where some errors made
The High Court has decided that a default notice under an ISDA Master Agreement is still valid even if it does not contain wholly accurate statements of the amount of the payment not made, the confirmation of the trade, or the currency of the payment.
Read moreBanking and financial litigation markets update - Summer 2022
In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.
Read moreThe Model Anti-SLAPP Law: an overview
Following the Government's response to the SLAPP consultation in the summer, the UK Anti-SLAPP coalition (a working group that includes English PEN, the Foreign Policy Centre and Index on Censorship, "the Coalition") has this week published a model Anti-SLAPP law, which has been endorsed by a collection of free speech and anti-corruption organisations, journalists, editors and lawyers.
Read moreAI in auditing: Embracing a new age for the profession
Artificial Intelligence (AI) is a rather new concept for many (ignoring those versed in 80’s Sci-Fi movies); it’s something many don’t know much about and certainly don’t use in our day-to-day lives (or at least appreciate we are using). However, that’s not the case for everyone. Auditors have long been reaping the benefits of AI, but are auditors just scratching the surface of what AI can offer and what impact will an increased use have on their insurance requirements and claims they face?
Read moreEU AI ACT-ion stations
The EU is forging ahead with its vision for AI. With wrapping up talks on the EU AI Act between the EU governments, the Commission and the parliamentary negotiators imminent, we bring you up to date on the EU's risk based approach, the scope of the Act, a timeline, key points that will form the basis of the discussions and next steps.
Read moreWhat To Know About AI Fraudsters Before Facing Disputes
Fraudsters are quick to weaponise new technological developments and artificial intelligence is proving no exception, with AI-assisted scams increasingly being reported in the news, including most recently one using a likeness of a BBC broadcaster.
Read moreNew developments in AI may put law firms at greater risk of phishing fraud
As the computing power of Artificial Intelligence continues to grow exponentially, we consider how generative technology may expand the reach of traditional phishing frauds aimed at law firms.
Read moreSnapshot on key 'green claims' developments
As consumers increasingly demand more sustainable products, businesses are innovating to reduce their environmental impact. This has driven an increase in the use of 'green' marketing claims and, with it, increased scrutiny by consumer regulators seeking to protect consumers from the risk of 'greenwashing'. Significant developments are ongoing in this area, both in the UK and the EU.
Read moreProtests on the rise – are you covered?
With public focus on political issues running high, the possibility of protests interrupting your business should be on every retailer and consumer brand's risk management agenda.
Read moreLifting the veil on cyber threats for retailers
Almost all UK businesses (approximately 98%) now operate online in some capacity, benefiting hugely from an increased use of online websites, social media accounts, and online banking
Read moreCyber_Bytes Issue 65
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreData dispatch - July 2024
Welcome to the fifth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.
Read moreHow will the "Genny lec" impact the world of cyber and tech?
On 22 May 2024, Prime Minister Rishi Sunak stood in the pouring rain to announce a General Election, thus commencing a summer of political and meteorological uncertainty for those in the UK.
Read more2024 Amendments to the Cybersecurity Act 2018
The Cybersecurity Act 2018 (the "Act") first came into force more than 6 years ago to establish a legal framework for the oversight and maintenance of national cyber security in Singapore.
Read moreProviding the identity of third-party recipients of personal data to a data subject – helpful guidance from the High Court
The High Court has handed down a helpful judgment for data controllers responding to data subject access requests which analyses the circumstances in which it may be appropriate for a data controller to withhold the identities of third parties who have been provided with a data subject's personal data.
Read moreCyber_Bytes Issue 64
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreCyber_Bytes Issue 63
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreData dispatch - April 2024
Welcome to the fourth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.
Read moreCyber_Bytes - Issue 62
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreCyber_Bytes Issue 61
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreCyber_bytes - Issue 60
Welcome to Cyber_bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreData dispatch - January 2024
Welcome to the third edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.
Read moreData dispatch - December 2023
Welcome to the second edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.
Read moreCyber_Bytes - Issue 59
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreCyber_Bytes - Issue 58
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreData dispatch - October 2023
Welcome to the first edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.
Read moreNew data bridge to allow for UK-US data transfers
How will the recently approved data bridge impact transfers of personal data from the UK to the US?
Read moreUK ICO publishes draft biometric data and technologies guidance for public consultation
What are the key considerations which the Information Commissioner’s Office (ICO) proposes organisations should be aware of when implementing biometric recognition systems?
Read moreUK ICO and CMA release joint position paper on harmful design in digital markets
What are the impacts of the ICO and CMA joint position paper on “Harmful Design in Digital Markets” and what action should companies take in light of its guidance?
Read moreNew Development: Updated ICO guidance on “likely to be accessed by children”
Following consultation, the ICO has updated its guidance “Likely to be accessed’ by children – FAQs, list of factors and case studies”.
Read moreUK ICO publishes joint statement on data scraping and the protection of privacy
What are the key privacy risks that the UK Information Commissioner’s Office (ICO) expects organisations to consider when hosting publicly accessible personal data and how can those privacy risks be mitigated?
Read moreCyber_Bytes - Issue 57
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreChanges to the One Stop Shop
In July 2023 the European Commission issued a Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 (the 'GDPR' Regulations).
Read moreCyber_Bytes - Issue 56
Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.
Read moreOfcom faces 30,000 cyber attacks a week, new data reveals
NCSC warn that UK infrastructure and businesses face heightened threat of cyber attacks
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