September was an exciting month in the digital asset space with developments in both Parliament and the Courts. Both venues have made strides to establish digital assets as property in England and Wales. With these developments come a raft of
Duane Morris London
Duane Morris London, published by Duane Morris LLP, covers a range of legal topics with a focus on UK and international law developments. The blog addresses issues such as consumer law reforms, anti-corruption enforcement, real estate and landlord-tenant law, financial regulation including cryptocurrency policy, and emerging legal frameworks for digital assets. It highlights legislative changes, regulatory roadmaps, and significant court decisions impacting various sectors. The content reflects the firm's expertise in arbitration, litigation, corporate compliance, and property law, providing insights relevant to businesses and legal practitioners navigating complex legal environments in the UK and beyond.
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LAX SA v JBC SA – WFO applicant that could not fortify cross-undertaking ordered to give asset disclosure
By Charlyn Cruz
A recent case in the Commercial Court in London saw the successful recipient of a worldwide freezing order (WFO) ordered to provide an asset disclosure when it could not provide fortification for a cross-undertaking. This is the first reported case…
RTI Ltd v MUR Shipping BV: a party required to use reasonable endeavours to mitigate a force majeure need not accept non-contractual performance
By Duane Morris
By Helen Ryan, Trainee Solicitor, Duane Morris LLP On 15 May 2024, the Supreme Court handed down judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18. The appeal centred around the issue of whether a force majeure clause…
Does a limitation clause apply to a claim in debt? A recent English decision
By Mark Handley
A recent case turned on the question of whether a limitation clause limited liability just for damages or also for debt. The clause read: “the total liability of either party shall in respect of all acts, omissions, events and occurrences…
English court ordered disclosure – an “information imbalance” not a reason to order the defendant to provide additional disclosure
By Mark Handley
The English court decision in Alame & Ors v Shell PLC (formerly known as Royal Dutch Shell PLC) & Anor [2024] EWHC 510 (KB), is relevant to the way that the court will approach disclosure in large scale litigation, including…
English court stays its own proceedings in favour of arbitration
By Mark Handley
Seven companies have a claim against their former director for breach of fiduciary duties. Three of those companies have an arbitration agreement. All seven companies bring a claim in the English court against the former director who applies to have…
Court of Appeal rejects challenge to yacht seizure and sanctions designation
By Mark Handley
The Court of Appeal in London has today handed down judgment in Dalston Projects Limited & Ors v Secretary of State for Transport [2024] EWCA Civ 172.The decision relates to two appeals:
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Major changes to the enforcement of economic crime in the UK pass into law
By Mark Handley
On 26 October the Economic Crime and Corporate Transparency Act 2023 finished its passage into law. We reported on this legislation while it was still in the bill stage (here).This Act introduces unprecedented changes to criminal enforcement against corporations…