THE SUPREME COURT HAS REJECTED TWO OF THE THREE CLAIMS IT WAS ASKED TO DECIDE, AND UPHELD THE OTHER BASED ON ITS SPECIFIC FACTS - OVERVIEW - In a landmark decision which will be closely scrutinised by the finance...more
The Court ruled that the post-sale context can be relevant when establishing similarity between trade marks....more
Lenders in the retail market will be familiar with the Etridge protocol, which (in summary) requires them to ensure that the guarantor of a loan must first obtain independent legal advice, in order to minimise the risk that...more
On 2 June 2025, the Civil Justice Council, a statutory body charged with advising on reform of the civil justice system in England and Wales, published its final report to the UK government on third-party litigation funding...more
Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more
In URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21, the Supreme Court has dismissed URS' appeal on all four grounds in its decision handed down on 21 May 2025. The case will be remitted to the TCC to determine the...more
1. DEVELOPERS WIN AGAIN AS SUPREME COURT REJECTS A "VOLUNTARINESS PRINCIPLE" - The Supreme Court has delivered its judgment in the litigation between developers and designers over structural defects in high-rise buildings,...more
The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no...more
The UK Financial Conduct Authority (FCA) has published a statement outlining key considerations for a potential consumer redress scheme, as part of its review into motor finance commission arrangements, following the pending...more
On June 2, 2025, the Civil Justice Council (“Council”)—a public body that reviews and makes recommendations to the UK Government about the English civil justice system—published its much-anticipated report on litigation...more
Last week the UK Supreme Court handed down its highly anticipated decision in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment provided helpful clarification on the recoverability of remediation costs...more
This week, the Equality and Human Rights Commission (EHRC) commenced consultation on updates to its Code of Practice in light of the UK Supreme Court’s ruling that the terms “woman”, “man” and “sex” in the Equality Act refer...more
On 7 May 2025, the UK Supreme Court handed down its judgment in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2025] UKSC 18. The judgment primarily concerned the scope of s.213 Insolvency Act...more
Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. TPR publishes annual funding statement - The Pensions...more
Landmark Ruling on Gender – What Should Employers do Now? In a major ruling, the UK’s Supreme Court has held that ‘sex’ under the UK Equality Act means biological (birth) sex. This is regardless of whether an individual has...more
Banking fraud of all types is an ever increasing problem in today’s society, and takes a multitude of forms. On a basic level, frauds can be divided into two types. Unauthorised fraud, where the victim does not provide...more
Executive Summary - The UK Supreme Court last week heard arguments in the joined test cases of Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd. At issue were findings by the...more
The three-day hearing of the significant Supreme Court case involving motor finance commission complaints has begun. The case involves the conjoined appeals involving two lenders who are challenging the decision of the Court...more
In the fourth and final post on our series on Disputes 101 we look at boilerplate provisions on: entire agreements, non-reliance, oral variation (aka oral modification) and waiver. Entire agreement and non-reliance - Entire...more
The judgment concerns the circumstances in which fiduciaries must account to their principals for the profits they make from their fiduciary relationships....more
The United Kingdom Supreme Court’s decision in SkyKick v Sky highlights a critical trademark risk: Registering a brand for an overly broad range of products and services without an intent to use it across all categories can...more
The ruling, which narrows the UK’s jurisdiction over money laundering offences, will impact how cross-border money laundering offences are prosecuted going forward....more
As set out in our previous Cabinet News & Views issue of December 2024 here, the Court of Appeal has found that some commissions paid to car dealerships for arranging loans were potentially unlawful as the loan agreements did...more
The UK Supreme Court has handed down its decision in El-Khouri (Appellant) v Government of the United States of America (Respondent). Amongst other things, the judgement has overturned the often-criticised Court of Appeal...more
As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more