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Liability United Kingdom

DLA Piper

For Your AIs Only: Agentic AI Steps Out of the Shadows, Part 2

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Agentic AI and its ability to perform tasks autonomously on behalf of users, without the regular prompting associated with more traditional AI models, is the new frontier of AI. Many organisations are betting big on the...more

A&O Shearman

Insuring data breach liabilities – how different policies can stack up and the problem of late notification

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An English Court has recently decided that three insurance policies covering the same loss – data breach settlements arising from an incorrectly addressed email – provided a combined, cumulative limit of indemnity. While the...more

Hogan Lovells

UK Building Safety Act: first building liability order made

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The High Court has imposed the first Building Liability Order under the Building Safety Act, passing liability for building safety defects from an SPV to its wealthier parent company....more

Mayer Brown

Arbitration Act 2025 | Part 2: Key Improvements

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The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"),...more

BCLP

Building Safety Act: New TCC Case on Building Information Orders

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Section 130 of the Building Safety Act 2022 (BSA) allows the High Court to make building liability orders (BLO) if it considers it just and equitable to do so.  Section 132 allows the court to make an information order to...more

Mayer Brown

Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

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On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out...more

A&O Shearman

Indemnity or indemNOTy? The difference between a guarantee and an indemnity

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A bank sought payment under “deeds of indemnity” related to swap agreements which were part of a number of Dutch mortgage-backed securitisations. The mortgage provider refused to pay, a key argument being that the “deeds...more

BCLP

Building Safety Act: Application of the “just and Equitable” Test for Remediation Contribution Orders

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Section 124 of the Building Safety Act allows the First Tier Tribunal to make remediation contribution orders (“RCOs”) where it considers it “just and equitable” to do so....more

Hogan Lovells

Space Sector Update: Next steps for modernising regulation of On-Orbit Servicing in the UK

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Following on from the UK Government’s “Space Industrial Plan” released in March 2024, the UK Government is taking steps to overhaul its approach to regulating on-orbit servicing. The aim being to modernise the 50 year-old...more

Cooley LLP

Cap in Hand: Should Liability Caps Be Applied Before or After Set-Off?

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In Topalsson GmbH v. Rolls-Royce Motor Cars Limited, the Court of Appeal helpfully re-affirmed that the ‘commonsense’ approach to the application of liability caps is to apply them before any set-off calculation....more

Proskauer Rose LLP

UK Tax Round Up - December 2024

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Welcome to the December 2024 edition of our UK Tax Round Up. This month has seen interesting decisions on the basis for rescission of an arrangement with adverse tax consequences, the treatment of a loan from an EBT, the tax...more

A&O Shearman

UK Financial Conduct Authority Supports Expedition of Appeals of Motor Finance Decisions

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The U.K. Financial Conduct Authority has published a letter addressed to the Supreme Court regarding the applications for permission to appeal to the SC and requests for expedition in the recent motor finance commission...more

IR Global

The human touch - AI’s role in commerce - The Visionaries

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The Productivity Paradox: Does more technology mean less growth? Is there scope to use AI in commercial contracts? Will it save time, or ultimately cost more time in review and pose greater risk?...more

King & Spalding

Changes to the Duty to Prevent Sexual Harassment

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The Worker Protection (Amendment of Equality Act 2020) Act 2023 comes into force on 26 October 2024, introducing a new legal obligation on UK employers to take ‘reasonable steps’ to prevent sexual harassment at work. In this...more

A&O Shearman

Zooming in on AI - #7: AI under financial regulations in the U.S., EU and U.K. - a comparative assessment of the current state of...

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This is the final note in a three-part series on the regulation of artificial intelligence in the financial services sector in the United States, the European Union and the United Kingdom. Our first note, we provided a...more

DLA Piper

Navigating AI Liability Risks

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Our webinar explored liability that can be incurred from the creation use or deployment of AI systems and raised some important questions around the current and future regulatory landscape applicable to AI and liability. We...more

Akin Gump Strauss Hauer & Feld LLP

UK Government Announces New Civil Enforcement Powers on Trade Sanctions and Launch of Office of Trade Sanctions Implementation

Key Takeaways - On 12 September 2024, the UK government published the Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 (the “Regulations”), which will come into force on 10 October 2024. The...more

Ankura

Mediation and Early Settlement of Disputes – The Expert’s Role

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The early settlement of disputes and mediation was a recurring topic throughout London International Disputes Week (LIDW). Featured on several panel discussions and raised in Q&A, this topic brought into sharp focus the role...more

Paul Hastings LLP

The Legal 500’s Restructuring & Insolvency Comparative Guide

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Our London Financial Restructuring team authored the UK chapter of the 8th Edition of The Legal 500’s “Restructuring & Insolvency Comparative Guide". The guide provides information on the current issues affecting...more

Array

This Week in eDiscovery: EDRM Guidelines for GDPR Compliance, What Information is Enough for a Privilege Log, and More

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Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of April 1-7. Here’s what’s...more

A&O Shearman

Limitation of liability under the microscope

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The High Court has held a limitation clause in a research agreement would be effective to limit liability for dishonesty, though not fraudulent misrepresentation. Research paper errors give rise to dispute - Innovate...more

Latham & Watkins LLP

UK Introduces Write-Down Procedure for Insurers’ Policyholder Liabilities

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FSMA 2023 includes a court procedure for failing insurers to temporarily write-down liabilities, with implications for counterparties. The recently passed Financial Services and Markets Act 2023 (FSMA 2023) provides for a...more

Skadden, Arps, Slate, Meagher & Flom LLP

What the UK PRA’s Scrutiny of Funded Reinsurance for UK Bulk Purchase Annuity Market Could Mean for Deals

The bulk purchase annuity (BPA) market — whereby UK defined-benefit pension schemes offload liabilities and assets to specialised life insurance carriers — continues to expand. Industry estimates predict that the UK life...more

King & Spalding

Upcoming Reforms to Corporate Criminal Liability in the UK

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Traditionally in UK law, in order to hold a company criminally liable, enforcement authorities must prove wrongdoing by a senior person representing the company’s “controlling mind and will.” Through this “identification...more

Conyers

Sun Vessel Global Limited v HQ Aviation Limited and Great Lakes Insurance (UK) SE

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Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023 - Section 404 of the BVI Merchant Shipping Act, 2001- Pre-Judgment...more

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