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Defense Strategies United Kingdom

Latham & Watkins LLP

No Causation Defence for Self-Interested Fiduciaries: UK Supreme Court Affirms Strict Profit Rule

Latham & Watkins LLP on

The judgment concerns the circumstances in which fiduciaries must account to their principals for the profits they make from their fiduciary relationships....more

BCLP

Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil

BCLP on

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an “alternative”, and indeed has been re-named “NDR” (negotiated dispute resolution)...more

BCLP

The Rise of Betterment in Building-safety Defect Claims Post-Grenfell

BCLP on

Betterment has rarely been advanced as a defence in English courts until now, post-Grenfell, with the advent of building-safety defect claims. This article takes a closer look at this principle. Originally published in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Tribunal Rules - ‘Stale’ Standalone Training Proves Insufficient Defence to Race Harassment Claim

Under section 109(1) of the Equality Act 2010 (EA 2010), an employer is liable for acts of discrimination, harassment, and victimisation carried out by its employees in the course of employment: “[a]nything done by a person...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Supreme Court Eases Burden on Antitrust Defendants Pleading a Pass-On Mitigation Defence

Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020]...more

Hogan Lovells

Employment News: wrongful dismissal, equal pay, workers

Hogan Lovells on

Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more

Hogan Lovells

Ghosh is gone - now a one-stage test for dishonesty?

Hogan Lovells on

A recent UK Supreme Court case has decided that the current test for dishonesty in criminal proceedings should no longer be used when directing juries on the law in criminal cases. The Ghosh test, which has represented...more

WilmerHale

Case Note: Market Abuse Proceedings in the High Court

WilmerHale on

The judgment in The Financial Conduct Authority v. Da Vinci Invest Limited [2015] EWHC 2401 (Ch) was published on 12 August 2015, following a trial in front of Mr Justice Snowden. The case concerned allegations that the...more

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