Related insights: Dispute Resolution and Litigation
Green claims: beware of watchdogs
16 Jun 2023
Consumers are at the heart of the net zero transition. From installing solar panels and cycling to work to investing into sustainable pension funds, consumers are bombarded with choices for products and services that claim to be sustainable. But are they really? Greenwashing through advertising has been just one of the hot topics over the past several months.
Mid-market restructuring plans and cramming down HMRC – fact or fantasy?
12 Jun 2023
HMRC seems to be on a hot streak with its recent successful challenges to small to medium enterprises ("SME") restructuring plans with the recent decisions in Re Nasmyth Group Ltd [2023] EWHC 988 (Ch) ("Nasmyth") and Re Great Annual Savings Company Ltd [2023] EWHC 1141 (Ch) ("GAS"). Here we consider the questions: are restructuring plans for SME's possible, and can HMRC ever be crammed down?
Fixed recoverable costs to extend to claims up to £100,000
26 May 2023
From 1 October 2023, fixed recoverable costs will apply to most civil litigation claims with a value of up to £100,000. This includes all fast track and intermediate track cases (subject to exceptions).
As recoverable costs for most cases under the new regime are likely to be less than currently available, if you have any potential claims up to the value of £100,000, you should consider if you can issue these claims before the new rules take effect on 1 October 2023. Claims should only be issued where all pre-action protocol obligations have been properly satisfied. Note there is uncertainty about whether the new rule will apply to matters that settle pre-issue after 1 October 2023. We await clarification from the Ministry of Justice on this issue.
As recoverable costs for most cases under the new regime are likely to be less than currently available, if you have any potential claims up to the value of £100,000, you should consider if you can issue these claims before the new rules take effect on 1 October 2023. Claims should only be issued where all pre-action protocol obligations have been properly satisfied. Note there is uncertainty about whether the new rule will apply to matters that settle pre-issue after 1 October 2023. We await clarification from the Ministry of Justice on this issue.
Authorised Push Payment Fraud podcast explores Quincecare duty and the banks' liability
24 May 2023
In episode 2 of Womble Bond Dickinson's Authorised Push Payment Fraud podcast series, we dive into some recent court judgments where both the Quincecare duty, as well as the banks' liability under this duty, are being put in the limelight.
ClientEarth v Shell Plc: case in summary
22 May 2023
The High Court in England has refused permission for the environmental activist group ClientEarth to proceed with a derivative action against the directors of Shell Plc.
AI and liability 2023: a guide to liability rules for Artificial Intelligence in the UK and EU
09 May 2023
Businesses increasingly look to AI tools to improve efficiency, increase productivity, and find new revenue streams. However, care must also be taken as AI adoption comes with a liability risk, should anyone come to harm as a result of the technology, with tech leaders expressing concerns over the rapid development of AI. Adopting AI technologies without appropriate due diligence could lead to an onslaught of liability claims, especially if proposed legislation comes into effect in the EU.
Greenwashing crackdown gathers pace with potentially significant fines on the horizon
04 May 2023
Companies that use misleading environmental claims could face fines of up to tens of millions of pounds under proposals to strengthen the enforcement of consumer laws.
The Digital Markets, Competition and Consumer Bill was finally published on 25 April 2023 and could become law later this year. The Bill proposes a raft of reforms to strengthen the enforcement of consumer protection laws by, for example, handing the Competition and Markets Authority (CMA) the ability to decide when consumer law has been infringed and to then directly fine companies up to 10% of their global turnover. This would replace going through a court process that can take years.
The Digital Markets, Competition and Consumer Bill was finally published on 25 April 2023 and could become law later this year. The Bill proposes a raft of reforms to strengthen the enforcement of consumer protection laws by, for example, handing the Competition and Markets Authority (CMA) the ability to decide when consumer law has been infringed and to then directly fine companies up to 10% of their global turnover. This would replace going through a court process that can take years.
A claims handler's guide to liquidated damages in construction disputes
26 Apr 2023
Liquidated and Ascertained Damages ("LADs") clauses are a standard feature in construction contracts. They require a contractor or sub-contractor to pay a pre-determined sum to the employer in the event of delay or other default. Not only do they focus parties' minds on completing projects on time but they offer a degree of certainty by defining contractors' liability in the event of a delay, potentially avoiding complex litigation. We look at key issues to be considered in assessing a claim for LADs and arguments which can be deployed in defending the same.
Online Safety Bill UK: WhatsApp, encryption, and the implications for privacy
18 Apr 2023
WhatsApp and other encrypted messaging service providers have signed an open letter to oppose the Online Safety Bill ahead of its final reading in the House of Lords. This article explains the journey of the Bill so far and why WhatsApp and other organisations are opposing the proposed legislation.
Intentional partnership and enduring success: building bonds for exponential edisclosure growth at Womble Bond Dickinson
17 Apr 2023
When international law firm Womble Bond Dickinson set out to select edisclosure technology, the firm knew it had to start small. But through proactive partnerships with Everlaw, the firm has transformed its approach to litigation technology, ensured broad adoption and seen greater return on investment leading to over 200% growth in matters over the past 24 months and a significant expansion of the firm’s edisclosure and legal services team.
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