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Summary judgment against persons unknown – a tale of two crypto judgments

Published on 09 May 2024. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

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'.

Supreme Court confirms no knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank

Published on 17 Apr 2024. By Jake Hardy, Partner and Ana Margetts, Associate

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.

Merchants Beat Venice: Court of Appeal finds that local authority of Venice did have capacity to enter into Interest Rate Swaps

Published on 19 Mar 2024. By Simon Hart, Partner, Head of Banking & Financial Markets Disputes

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

Binance successfully challenges interim proprietary injunction over deposited cryptoassets

Published on 24 May 2023. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

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.

High Court favours English jurisdiction in bribery claim brought by Kuwaiti pension fund

Published on 28 Feb 2023. By Louise McCarthy, Associate

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.

Considering bringing an RFI application? Is it strictly necessary?

Published on 31 Jan 2023. By Parham Kouchikali, Partner

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.

Court of Appeal rejects timing and informed consent defences in bond bribery case

Published on 30 Jan 2023.

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.

High Court rejects Group Litigation Order in FSMA litigation as it would not further the Overriding Objective

Published on 30 Jan 2023. By Charlotte Henschen (née Ducker), Partner and Alastair Hall, Associate

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.

No loss? No Quincecare claim … the Supreme Court judgment in Stanford International Bank v HSBC

Published on 12 Jan 2023. By Jonathan Cary, Partner and Olivia Dhein, Knowledge Lawyer

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.

No need for perfection: ISDA Master Agreement default notice still valid where some errors made

Published on 10 Jan 2023. By Daniel Hemming, Partner and Olivia Dhein, Knowledge Lawyer

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.

Banking and financial litigation markets update - Summer 2022

Published on 25 Jul 2022. By Jonathan Cary, Partner and Jessica Davies, Associate and Olivia Dhein, Knowledge Lawyer and Jake Hardy, Partner and Simon Hart, Partner, Head of Banking & Financial Markets Disputes and Charlotte Henschen (née Ducker), Partner and Tom Hibbert, Partner, Global Head of Commercial Disputes and Tim Potts, Senior Associate and Chris Ross, Partner and Emily Saffer, Associate and Christopher Wheatley , Senior Associate and Alan Williams, Partner

In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.

Look to the future: Trainees take on 2019

Published on 25 Jan 2019.

The trainees didn't fare too badly with their 2018 predictions. They doubted England's ability to make it past the group stages of the World Cup, but foresaw how Brexit would dominate the news agenda. They over-optimistically predicted the introduction of automated bundling, but came very close on the value of Bitcoin. Read on to see this year's predictions.

Brexit - a legal analysis: IP rights

Published on 28 Jun 2016.

IP rights in the UK are all influenced and moulded to a greater or lesser degree by European law.

EBA encourages banks to pool their resources for cloud audits

Published on 02 Jun 2017.

The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

Penalty saved by CAS with a little help from English Courts

Published on 06 Jun 2016. By Joshua Charalambous, Partner

The Times recognises RPC among Best Law Firms 2024

Published on 30 Oct 2023.

International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.

Ginfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi

Published on 15 Mar 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.

Clear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal

Published on 26 Jan 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.

Weighty issues for diet app developers

Published on 04 Jan 2022. By Dorothy Flower, Partner

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

William Grant & Sons v Lidl: where to be-gin?

Published on 16 Jun 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

Stay on top of Intellectual Property

Published on 20 Apr 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

All is not (necessarily) lost: Crypto crime recovery

Published on 30 Jun 2022. By Adam Craggs, Partner

With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.

Sports Ticker #108: football governance, F1 in Asia and AI marketplaces

Published on 14 Jun 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate and Ellie Chakarto, Associate

In a fortnight which saw Real Madrid lift the Champions League Cup once more, a new "Ultimate Championship" athletics event announced and Charles Leclerc win on home soil for the first time in the Monaco Grand Prix, we bring you updates on the now-halted Football Governance Bill, potential Formula 1 expansion into Southeast Asia and record-breaking interest in women's sports.

Sports Ticker #107: football sustainability, AI team selection and new F1 tech – a speed read of commercial updates from the sports world

Published on 22 May 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate and Ellie Chakarto, Associate

In a fortnight which saw Manchester City bag its fourth consecutive Premier League victory, Brazil announced as the host of the 2027 Women's World Cup and Will Smith purchase his own electric powerboat team, we bring you updates on sustainability in football, AI in cricket, and bees in baseball.

Sports Ticker #106: Liverpool's Adidas kit, a new athletics venture and the London Marathon – a speed read of commercial updates from the sports world

Published on 01 May 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate and Ellie Chakarto, Associate

In a fortnight which saw women's Rugby League launch its world-first player-run TikTok account, Ferrari's F1 partnership with HP, and Apple reportedly on the verge of a global broadcast deal for FIFA World Cup, we bring you updates on a new athletics joint venture, Wrexham AFC, and the disqualification of all three medallists in the Beijing half marathon.

Sports Ticker #105: WIPO's esports partnership, MotoGP takeover and Brighton's record profits – a speed read of commercial updates from the sports world

Published on 10 Apr 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the UK Football Governance Bill introduced to Parliament, TNT Sports and Discovery+ win rights to show the 2024 Autumn Nations Series and rumours of "multiple proposals" to host the 2026 Commonwealth Games, we bring you updates on a collaboration between WIPO and the Esports Integrity Commission, MotoGP's takeover and JPMorgan's formation of a specialist sports investment group.

Sports Ticker #104: European sponsorship record growth, Germany's Adidas to Nike swap and Formula E shifts gears – a speed read of commercial updates from the sports world

Published on 28 Mar 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw Pete Distad named as CEO of the new Disney-Fox-Warner Bros sports streaming venture, Nottingham Forest losing four points for breaching Premier League profit and sustainability rules, and the announcement of a new fan engagement app for Swedish esports organisation Ninjas in Pyjamas, we bring you updates on German football's Adidas-Nike kit supplier swap, steps forward on the new structure for women's cricket and a bizarre bee blitz on Carlos Alcaraz.

Sports Ticker #103: Paralympics' media reach, Super League trade mark, and Red Bull Padel – a speed read of commercial updates from the sports world

Published on 15 Mar 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw Wimbledon recognised as having the highest ad engagement for women's sports events in 2023, the FIA President investigated for alleged race interference, and world No 1 Novak Djokovic knocked out of the Indian Wells tournament by world No 123 "lucky loser", we bring you updates on media deals for the 2024 Paris Paralympic Games, attempts to register an EU trade mark for "The Super League", and the partnership between F1 and Tommy Hilfiger.

Sports Ticker #102: Giant joint streaming venture, UEFA's environmental efforts and Casemiro's move to Adidas – a speed read of commercial updates from the sports world

Published on 23 Feb 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw the Super Bowl LVIII become the most-watched American TV event since the moon landing, Sir Jim Ratcliffe complete his £1.3bn Manchester United deal, and Emirates announce a multi-year partnership deal with Wimbledon, we bring you updates on UEFA's greenest tournament yet, Casemiro parting ways with Nike, and the upcoming launch of a new sports streaming platform.

Sports Ticker #101: AB InBev's Olympic Gold, UEFA's commercial rights, and Snooker in Saudi Arabia – a speed read of commercial updates from the sports world

Published on 02 Feb 2024. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw F1 owner Liberty Media named the "World's Most Valuable Sports Empire 2024", the 2023 Rugby World Cup confirmed as the most-watched rugby event of all time, and the shock announcement of Lewis Hamilton's move to Ferrari, we bring you updates on AB InBev's Olympic partnership, UEFA's tender process for global commercial rights, and British Cycling's uphill struggle.

Sports Ticker #100: Earps' SPOTY win and shirt sell out, smart ball company raises US$15m, and Unilever sponsors UEFA – a speed read of commercial updates

Published on 21 Dec 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw Mary Earps win the Sports Personality of the Year 2023, FIFA receive three Women's World Cup 2027 bids, and Endeavor invest in Chess.com, we bring you updates on the first Lioness to trade mark her name, the ground-breaking Guinness Six Nations sponsorship, and a multi-year broadcasting deal between TNT and Formula E.

Sports Ticker #99: Golf's big hitters, Women's FA breakaway and tennis elite tour – a speed read of commercial updates from the sports world

Published on 08 Dec 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw the Premier League agree a new £6.7 billion deal with Sky and TNT Sports, France named the preferred candidate for the 2030 Winter Olympic and Paralympic Games, and 518 million people watch the ICC Cricket World Cup live through Disney Star, we bring you updates on Trent Alexander-Arnold's £26 million Adidas deal, new rules for golf balls, and a potential F1-style tennis tour.

Sports Ticker #98: Sports Business Awards 2023, Las Vegas Grand Prix, and the brands changing the world through sport

Published on 24 Nov 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw Manchester City post record revenue and profits, Everton receive a points deduction relating to P&S issues, and the League of Legends World Championship become the most watched esports tournament, we bring you updates on the Sports Business Awards 2023, Las Vegas Grand Prix and Kansas City Chiefs' new relationship (no, not that one…).

Sports Ticker #97: Esports World Cup 2024, the increasing value of women's sports and European Super league

Published on 10 Nov 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw DAZN secure exclusive F1 rights in Spain until 2026, Jude Bellingham become the first England player to win the Kopa Trophy for best performing under-21 player in the world, and FIFA ban Luis Rubiales for three years from all football activity, we bring you updates on Saudi Arabia's new Esports World Cup, planned increases in investment in women's sports and the marketing value of influencer athletes.

Sports Ticker #96: Russia's Olympic suspension, FIFA's five time zones and 2023's most marketable athlete – a speed-read of commercial updates from the sports world

Published on 26 Oct 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw the first female referee of a men's international match at Wembley, Saudi Arabia launch its World Cup 2034 bid and NZ's All Blacks named the world's most valuable rugby team, we bring you updates on the suspension of the Russian Olympic Committee, the return of UK professional netball and the potential five time zones of the FIFA World Cup 2023.

Sports Ticker #95: female F1 test-driver, blockchain in cricket and Berlin marathon disruption – a speed-read of commercial updates from the sports world

Published on 11 Oct 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate and Anthony Cutler, Associate

In a fortnight which saw a delay in the implementation of the National Football Agent Regulations in England pending the resolution of private arbitral proceedings, and the release of the Beckham documentary on Netflix, we bring you updates on the first female F1 test driver in 5 years and disruption to the Berlin marathon by climate protestors. We also cover the Rugby World Cup's potential new pay wall, the use of blockchain in cricket and, of course, the sale of Travis Kelce's American Football jerseys rocketing 400% thanks to Taylor Swift.

Sports Ticker #94: World Rugby fantasy league game, all-green PGA and PSG to open first UK store – a speed-read of commercial updates from the sports world

Published on 26 Sep 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw Oscar Piastri celebrate the extension of his McLaren contract until the end of 2026 with a podium finish in Japan, and Mary Earps be awarded England Women's Player of the Year, we bring you updates on World Rugby's new fantasy league game and BMW PGA's commitment to be the first sports TV production to be powered entirely by green hydrogen. We also cover Unity Engine's proposal to introduce fees to game developers and the La Liga shirt sponsorship of Clwb Pel Droed Llanfairpwllgwyngyllgogerychwyrndrobwllllantysiliogogogoch.

Sports Ticker: Farrell red card reversal revoked and Earps shirts hit the shelves – a speed-read of commercial updates from the sports world

Published on 13 Sep 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the football transfer window slam shut and the start of the Rugby World Cup, we bring you updates on QSI's agreement to acquire the World Padel Tour and the re-instatement of the decision to give a red card to Owen Farrell, ruling him out of England's first two matches. We also feature stories on Mary Earps' shirt finally being made available for sale and England women's cricket team having their match fees increased to equal those of the men's team.

Sports Ticker: Microsoft warns of cyber risks at sports events and ESPN enters sports gambling market – a speed-read of commercial updates from the sports world

Published on 24 Aug 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the Lionesses suffer a gut-wrenching defeat in the World Cup Final and the start of the World Athletics Championships, we bring you updates on Microsoft issuing a warning on the risk of cyberattacks at sports events and ESPN entering the sports gambling market. We also feature stories on La Liga making an official complaint about Qatar's funding of PSG and Barcelona's new content creation website.

Sports Ticker: Women's World Cup smashes records, Paris Olympics share carbon commitments, and FIFA wins case against football agents – a speed-read of commercial updates from the sports world

Published on 11 Aug 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw England advance to the quarter-finals in the Women's Football World Cup and the start of the Cycling World Championships in Glasgow, we bring you updates on the Women's Football World Cup smashing TV viewing figure records and the Paris Olympic Committee's carbon cutting commitments. We also feature stories on Manchester United's new deal with Adidas, Juventus' disqualification from the Europa League and the media rights for snow sports being centralised for the next 8 years.

Sports Ticker: Commonwealth Games thrown into doubt, Al-Hilal bid for Mbappe and Pepsi partners with EA Sports FC – a speed-read of commercial updates from the sports world

Published on 28 Jul 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the FIFA Women's World Cup kick off, Ben Harman cruise to victory in The Open and England's attempted comeback in the Men's Ashes fall painfully short, we bring you updates on the uncertainty surrounding the Commonwealth Games and the world record bid for Mbappe. We also feature stories on a mooted women's Champions League in cricket and a new partnership between Pepsi and EA Sports FC.

Sports Ticker: F1 Alpine secures funding and sports tech VC investment shows signs of a bounceback – a speed-read of commercial updates from the sports world

Published on 13 Jul 2023. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw the men's England U21s football team triumph in the Euros and the start of Wimbledon, we bring you updates on Caster Semenya's victory in the European Court of Human Rights, and investments in F1 and the sports tech sector. We also feature stories on a record-breaking start to the Women's Ashes and the Tour de France starting to incorporate ChatGPT.