Thought Leaders 4

Welcome to ThoughtLeaders4 Disputes
A diverse and inclusive Community connecting dispute resolution lawyers, barristers, in-house counsel and industry experts involved in litigation, arbitration and mediation. Membership is free. Join below and start benefitting right away.

Our Community Partners:

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Join a community of experts, referrers and peers
Attend events in all formats
Interact using our digital Knowledge Hub
Learn and share expertise through the Community Magazine
Grow your network and business
Build relationships through a facilitated Membership directory

ONE COMMUNITY - 2 SPECIALIST SECTORS

Commercial Litigation
International Arbitration

KEY BENEFITS OF MEMBERSHIP:

Share, Learn and Benchmark

By collaborating with the best in business, the Community delivers exclusive insights, technical knowledge and solutions helping our Members stay ahead of the game.

Position Yourself as a Leader

By ensuring seamless and uninterrupted visibility, we help our Members to raise and promote their personal and corporate profiles.

Generate New Business

By bringing together Thought Leaders from a wide array of jurisdictions we create access to an influential audience, leading to potential cross reference work for our Members.

VIRTUAL OPPORTUNITIES:

TL4321
3 speakers, 2 questions, 1 mic: Snapshot updates for up to 30 minutes

Quickfire
1 session, 3-4 speakers, live Q&A: Interactive session for 30-45 minutes

Virtual event
1-2 sessions, up to 8 speakers, live Q&A : Technical & interactive for 60-120 minutes

Dispute resolution practitioners and General Counsel. Community members will include:

Who should join?

Solicitors

Barristers

Offshore Practitioners

Forensic Accountants

Investigators

Insolvency Practitioners

In-House Counsel

Judges, Arbitrators & Mediators

Expert Witnesses

Legal PR and Reputation Counsel

Become a Member

Upcoming Events

1 Day Conference • In-Person Event

04 Oct 2023

International Arbitration and Enforcement: A Changing Landscape

With arbitration becoming increasingly popular for resolving cross-border disputes, join this one-day conference to learn about changes to arbitration proceedings, Brexit's impact on enforcement, practical considerations for buying out arbitration awards and more.

Find out more

1 Day Conference • In-Person Event

05 Oct 2023

FIRE, Disputes & Investigations: Central Asia

ThoughtLeaders4 FIRE & Disputes community is delighted to bring you a fresh, new and unique event focusing on Central Asia and ‘The Stans’. Covering litigation, arbitration, and enforcement, in just one day drill-down into the key issues with the main players from across the region.

Find out more

Virtual

06 Oct 2023

Commercial Disputes and anti-suit relief in Anglophone Africa – a panel discussion

The anti-suit injunction or interdict is a powerful tool in the court's weaponry when dealing with both domestic and cross-border commercial disputes. Courts in Anglophone Africa, and especially those in Nigeria and the Republic of South Africa, have recently given guidance to litigants on the requirements which have to be satisfied in order to obtain anti-suit relief.

Find out more

2 Day Summits • In-Person Event

10 Oct 2023

Group Litigation and Class Actions 2023 - The 3rd Annual Forum

Building on the success of the previous two years, we are delighted to announce details of the 3rd Annual Group Litigation and Class Actions 2023 Forum on the 10th and 11th of October in Central London. Join experienced practitioners involved in landmark cases to address, clarify and identify opportunities in key areas including development in the CAT, EU Representative Action Directive implementation, shareholder class actions and more…

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4Sight • In-Person Event

16 Oct 2023

TL4 x Keidan Harrison & Fieldfisher: Risks and Opportunities in the GCC Region for Disputes, Insolvency and Asset Recovery Practitioners

Join us in the lead up to FIRE Middle East, where Keidan Harrison and Fieldfisher are hosting an evening discussing the risks and opportunities in the GCC region for disputes, insolvency and asset recovery practitioners.

Find out more

2 Day Summits • In-Person Event

22 Nov 2023

Corporate Disputes 2023 - 3rd Annual Forum

Attend our third annual corporate disputes forum, exclusively organised for disputes practitioners. This event offers a specialised platform to learn valuable lessons from recent and ongoing cases in areas such as securities litigation, post M&A disputes, valuation insights and lots more.

Find out more

2 Day Summits • In-Person Event

01 Dec 2023

India Disputes Mumbai

India has proven to be an important jurisdiction in terms of disputes and arbitration. This Forum will bring together experts and leading practitioners who will explore current trends and developments and what to expect and strategies to help navigate the courts.

Find out more

2 Day Summits • In-Person Event

06 Feb 2024

Sovereign & States Disputes and Enforcement Summit 2024

Join this two-day conference uniquely bringing the sovereign disputes and international asset recovery communities together.

Hear from global elites on key topics including developments in investment arbitration, identifying and enforcing against assets, practical strategies and much more.

Find out more

1 Day Conference • In-Person Event

28 Feb 2024

Financial Institutions Litigation - The Second Annual Conference 2024

Building on Last Year’s Success, delve into the Financial Services Sector as they face heightened litigation risks due to evolving regulations and changing business practices. Attend the conference to gain expert perspectives on a wide spectrum of subjects, from the recent developments in PAACAR to Updates on Non-Financial Misconduct.

Find out more

2 Day Summits • In-Person Event

18 Sep 2024

Contentious Trusts Next Gen Summit

We are delighted to bring you a brand new, innovative and unique event for the next generation of contentious trusts practitioners and for all other practitioners where trusts can be involved. Building on our track record of catering specific events for the next generation of legal practitioners we are delighted to bring together our next gen initiatives from across 4 of our communities at one event.

Find out more

Articles

Bored Ape NFT Investors Sue Sotheby’s

A class action lawsuit has been brought in a federal court in California against the auction house Sotheby’s over the auctioning of Bored Ape Yacht Club non-fungible tokens (NFTs).

Articles

Decentralised Autonomous Organisations (DAOs) and Regulation

Syed Rahman outlines the questions that require answers regarding decentralised autonomous organisations.

The metaverse and Web3 have been the buzzwords to drop lately. And decentralised autonomous organisations (DAOs) can be viewed in a similar light.

Yet what needs to be emphasised about DAOs is that they are currently in a legal grey area, as they do not relate to something similar that has previously been defined.

Event Videos Featured Article

India Disputes Mumbai 2023 | Sushmita Gandhi, IndusLaw

Articles

One to Watch: 60 seconds with Katy Handley

Articles

The Pitfalls of Applying Full and Frank to New Technologies

Articles

Some Hot Topics in Crypto Claims

Articles

Operation Chokepoint 2.0: Crypto

Articles

Litigation Involving Cryptocurrencies and Digital Assets - Communicating in a Changing Regulatory Environment

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Emerging Global Legal Trends in Crypto and Virtual Assets

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Crypto Transactions and Disputes: The Risks and Regulatory Issues

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Crypto Tracing: The Status of the New Service Out Gateway Following Scenna & Anor v Persons Unknown

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Crypto Regulation

Articles

Bond Solon Explores… Litigation in the Metaverse

60 seconds with Articles Community Magazine Main Issue

Disputes Magazine Issue 9

We are delighted to present Issue 9 of Disputes Magazine, which is jam-packed full of the latest insights and discussions in the dispute resolution area. In this issue, we have a special supplement by Bond Solon, one of the UK’s largest providers of Witness Familiarisation training who explore a variety of topics including sourcing and vetting expert witnesses, litigation in the metaverse, and more. This issue also includes chapters on India, following our India Dispute Resolution Forum, Crypto & Digital Assets ahead of our Crypto in Disputes Conference at the end of June, along with Corporate Disputes, and Arbitration.

Thank you to all our members, contributors, and community partners for their ongoing support.

Articles

Unlocking one of the fastest growing and largest economies in the world: Spotlight on India

Articles

Digital Asset Disputes Demystified

The world of digital assets is in a continuous state of development, fueled by a combination of technological innovation, financial speculation, and a desire for greater financial autonomy and privacy.

Articles

Key Takeaways : Sanctions Enforcement - Risks, Penalties and Prosecutions: an international perspective

Articles

How to get Pupillage

This Friday, on the 5^th of May, about 480 of the 3,000 or so aspiring barristers in England and Wales will receive offers for pupillage. With awards of up to £100,000, competition is fierce. The Bar Council’s Pupillage Gateway Report shows that the number of applicants peaked in 2020/21 and it appears to be on the rise again. In 2022/23, there were 2,782 applicants using the Gateway with an average of 11.9 applications per applicant. This gives first timers (on average) a 1 in 10 chance of success.

Here is Dr Jennifer White's revised five-part plan to getting pupillage, based on the statistics and those in the know.

Articles

HM Treasury’s approach to cryptoassets, cooperation with other jurisdictions, and international standard-setting: a (not that brief) summary

In February, HM Treasury published the ‘Future financial services regulatory regime for cryptoassets consultation and call for evidence’ paper. In it are some intriguing indications of how cryptocurrency venues, brokers, and intermediaries are going to be dealt with in the UK. The paper sets out the next (but not final) phase of the government’s approach to regulating cryptoassets.

What is most important to note from the outset is that this paper deals with a very small part of the government’s approach. Nevertheless, an overview offers insight into where we are headed and is useful in understanding the government’s rather weighty regulatory approach, to ascertain what this might mean to banks, businesses, and investors, both in and outside of the UK.

Articles Community Magazine

Crypto Disputes: An Offshore Perspective

This article was first published in Volume 20 issue 2 of International Corporate Rescue and is republished with kind permission of Chase Cambria Publishing.

Articles Community Magazine

From Homogeneousness to the Discrete: Criteria for Successful Class Action Settlement

Articles Community Magazine

ChatGPT and International Arbitration: What Next for Practitioners?

Articles Community Magazine

Consumer Get Two Bites of the Cherry: Final Arbitral Award Does Not Affect the Court’s Jurisdiction

60 seconds with

60 Seconds with Pete Janes

Articles Community Magazine

Kazakhstan and Tristangate

Articles Community Magazine

Stanford International Bank V HSBC Bank PLC [2022] UKSC 34

Articles Community Magazine

The Protection of Investments in Space: One Small Step or a Giant Leap for Investors

Articles Community Magazine

2023: Building and Winning Crypto Cases

Articles Community Magazine

The Diversity Problem in Arbitration

Articles Community Magazine

Fong Chak Kwan V Ascentic Ldt: Hong Kong court of Final Appeal Endorses Wide Meaning of ‘Damage’ In Tort Gateway For Service Out of the Jurisdiction

Articles Community Magazine

Securities That Are Impacted By Sanctions Against Russia: Legal and Practical Implications for Noteholders

60 seconds with

60 Seconds With David Walker, Senior Legal Counsel at Deminor

Articles Community Magazine

Disappearing Trustees and the Appropriate Forum for International Disputes

Articles Community Magazine

In Praise of the Testifying Witness

Articles Community Magazine

Taking The Stand: Top Tips for Lay Witnesses

60 seconds with

60 Seconds With Julian Diaz-Rainey

Articles Community Magazine

“Greenwashing” CMA Investigations Are Not Going Away

Articles Community Magazine

Climate Change Litigation on the Rise: What Does This Mean for Governments, Local Communities and Investors?

Articles Community Magazine

Countering Corporate Disinformation in an age of ESG Scepticism

Articles Community Magazine

The Power of ESG Compliance: The Key to Long-Term Success for Business

Articles

The Continuing Expanse of Crypto Laws: Service by NFT Airdrop and Constructive Trust Claims Against Crypto Exchanges

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The Heat is on for Insolvency Professionals in Crypto Winter

Articles

Civil Fraud Trends and Predictions

Articles

Remedies Available in Cayman for Victims of Cryptocurrency Fraud

Articles

Searching for Assets in Cyber Space: A New Gateway Opens?

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Crypto Fraud Litigation: Key Considerations for Crypto Exchanges

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Public Interest Winding Ups: The Next Tool to Derail Crypto Scams

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2022: Key Developments in BVI Dispute Resolution

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Beyond the Ethereum

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Bit by Bit: Information Orders in Crypto Fraud Dispute Fly Through Gateway 25

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Crypto 2023 - A Look at Insolvency Financial Crime and Regulatory Trends

Articles

Divorce in the Digital Age: Cryptocurrency

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Cryptocurrency: The Latest Headache for Lawyers

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Crypto Currency on Divorce - Scotland

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The Digital Divorce: The Rise of the Crypto Assets in Financial Remedies

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The Crypto Contagion An Overview of Recent cases

Articles

Judge warns lawyers of the serious consequences of non-compliant witness statements | Bond Solon

In the recent case of Cumbria Zoo Company Ltd v The Zoo Investment Company Ltd [2022] EWHC 3379 (Ch), HHJ Pearce gave an important message to witnesses giving evidence and those responsible for signing declarations of compliance in witness statements.

Read on to find out about the key principles of this case, as well as Bond Solon’s Interviewing Skills course, designed specifically to assist litigation and arbitration practitioners elicit and record accurate, undistorted and PD 57AC compliant witness evidence.

60 seconds with Community Magazine Main Issue

Disputes Magazine Issue 7 - Year in Review 2022

The final issue of Disputes Magazine 2022 is here, and we are delighted to present a ‘Year in Review’. This edition covers a variety of topics that have affected disputes practitioners this year, including ESG, futuristic technology, the Voss Report and more. This issue also features a supplement from BRG who discuss their 2022 M&A Disputes Report.

Thank you to all of our authors, members, and community partners for their continued support. 2023 is set to be a busy year for the disputes community, including new events launching in Mumbai and Dubai. We look forward to seeing many of you next year!

Articles

Wagatha Christie – The Unreliable Witness

Along with the rest of the world, we at Bond Solon watched the "Wagatha Christie" libel trial unfold with much intrigue. As the UK’s leading provider of Witness Familiarisation training, we were particularly interested in the media reporting during the trial, of Rebecca Vardy’s performance in the witness box, and the potentially detrimental impact it appeared to be having on her case.

The Honourable Mrs Justice Steyn DBE’s eagerly awaited judgment in Vardy v Rooney [2022] EWHC 2017 (QB) 7 WLUK 412 was publicly released on 29^th July.

It provides invaluable commentary on the conduct of both parties, particularly in their capacity as witnesses. It also highlights the impact that witness preparation training can have on witnesses who are due to give evidence at court.

Articles Community Magazine Main Issue

Disputes Magazine Issue 6 - Financial Institutions Litigation

We are delighted to present Issue 6 of Disputes Magazine, which discusses Financial Institutions Litigation ahead of the Financial Institutions Litigation Conference on 19^th January 2023. In this edition, our authors cover a variety of topics affecting the financial services sector including the recent Tecnimont v Natwest decision, the new FCA consumer duty, audit reform and more.

Thank you to our community partners, members and authors for their continued support. The Disputes community is loaded with events for the rest of 2022 and into 2023, and we hope to see you there.

Reports

Crypto Insight 2022

Following the success of our Crypto in Disputes event which took place on the 29th June TL4 are proud to present our Crypto Insights Document 2022. In this new format of curated content, we look to partner with firms to provide in-depth Insights, Reports, Surveys, Journals and more. If you would like to work with us on a future insight or report please do get in touch.

60 seconds with Community Magazine

60 Seconds with Jessica Lee - Brown Rudnick

60 seconds with Community Magazine

60 Seconds with Philip Marshall QC - Serle Court

60 seconds with Community Magazine

60 Seconds with Dani Haston - Chainalysis

60 seconds with Community Magazine

60 Seconds With Charlotte Bhania - PCB Byrne

Articles Community Magazine

A Guide to Infrastructure Disputes

Articles Community Magazine

Leaps of Faith: ‘Good Faith’ Obligations Between Shareholders

Articles Community Magazine

When can Shareholders Claim Against Third Parties? Spotlight on Reflective Loss

Articles Community Magazine

The Law in the BVI on the Recognition of Foreign Officials and Orders in Aid of Foreign Proceedings Following the Court of Appeal’s Decision in Net International Property Limited

Articles Community Magazine

A New Dawn in Dubai: Will Companies and their Embrace the new Dubai International Arbitration Centre (DIAC) Rules

Articles Community Magazine

Fair Play in Offshore Companies

Articles Community Magazine

Unjust Enrichment: A Disputes Mechanism to Rebalance Climate Change-Linked Gains?

Articles Community Magazine

Are You Being Served? Section 1140 Companies Act 2006 - A Director’s Hostage to Fortune?

Articles Community Magazine

Shareholder Claims and Collective Actions

Articles Community Magazine

Minority Shareholder Prejudice and Delay

Articles Community Magazine

Quasi-Partnerships in Public Companies

Articles Community Magazine

Digital Asset Fraud and Asset Tracing: An Update from the British Virgin Islands

Articles Community Magazine

Equality and Equity - Same but Different - Guernsey’s New Discrimination Law

Articles Community Magazine

Jurisdiction in Company Cases: Article 24 of the Brussels I (Recast) Regulation (1215/2012)

60 seconds with Community Magazine Main Issue

Disputes Magazine Issue 5 - Companies and Shareholders in the Spotlight

We are delighted to present Issue 5 of Disputes Magazine, where we put Companies and Shareholders in the Spotlight. Our authors discuss a variety of topics including the new DIAC rules, Section 1140 of the Companies Act 2006, Digital Asset Fraud, and even more. We also find more out about our community with our continued series of 60 seconds with.

Thank you to the continued support from our contributors, members, and community partners. We look forward to seeing you all at more of our Disputes events throughout 2022.

Articles

Looking back from 2030 - ILBF Essay Competition, Ghazi Hakem

Articles

Opportunities for Legal Technology in the Improvement of Access to Justice and Diversity in the Legal Profession by 2030 - ILBF Essay Competition 2022, Daniel Smithson

Interviews International Women’s Day 2022 Profile Featured Article

Thought Leaders 4 Women Who Inspire - IWD 2022 - Carly Parrott Profile

In this International Women's Month we want to shine a spotlight on a few truly amazing women in our community as they discuss their journey's to leading positions, highlight the challenges they faced in their progression, share their advice with the next generation of female practitioners as well as further action steps to #breakthebias and forge a more inclusive legal world. The Thought Leaders 4 Women Who Inspire features a series of interviews that we will be publishing over the course of the month to celebrate women and champion change.

International Women’s Day 2022

Thought Leaders 4 Women Who Inspire - IWD 2022 - Amanda Illing Profile

60 seconds with Articles Community Magazine Main Issue

Disputes Magazine Issue 4 - International Cross-Border Disputes

We are delighted to present Issue 4 of Disputes Magazine, where our authors discuss International Cross-Border Disputes over a variety of jurisdictions, including India, Cayman Islands, Lebanon and more. We also hear more about our members with a series of 60 seconds with interviews, with special mentions to our women contributors in honour of International Women’s Day.

Thank you to all of our authors, members, and community partners for their continued support. The Disputes community is ready for a busy 2022 as we head into Q2, and we look forward to connecting with you all along the way.

Interviews International Women’s Day 2022 Profile

Thought Ladies That Inspire - IWD 2022 - Sue Millar Profile

In this International Women's Month we want to shine a spotlight on a few truly amazing women in our community as they discuss their journey's to leading positions, highlight the challenges they faced in their progression, share their advice with the next generation of female practitioners as well as further action steps to #breakthebias and forge a more inclusive legal world. Today we launch our ThoughtLadies that inspire campaign featuring a series of interviews that we will be publishing over the course of the month to celebrate women and champion change.

Articles Community Magazine

Shareholder Disputes: Are They On The Rise?

For many businesses just surviving the pandemic could (and perhaps should) be hailed a huge achievement. However, as the bumpy economic climate looks set to continue for the foreseeable future, some fall outs between business owners and directors are inevitable and there is likely to be an upturn in allegations of unfair prejudice.

Here we give an overview of recent unfair prejudice cases – highlighting points of note, before outlining our predictions for the future and ways directors might avoid the pitfalls that lie ahead.

Articles Community Magazine

Back To The Future: The Return To Prominence Of Forum Non Conveniens

Marty McFly travelled from 1985 to 1955 in Back to the Future; English law is currently embarking on a similar journey in relation to jurisdiction.

A change arising from Brexit has heralded a return to prominence of the doctrine of forum non conveniens, allowing the English Court once again to decline jurisdiction over defendants domiciled in England.

Articles Community Magazine

Third-party Funding In Singapore: Efficient Risk Allocation In Troubled Times

When deciding whether to pursue a legal claim, parties often ask - “do we have the budget for this?” This question is revisited even after dispute resolution proceedings have commenced, due to changes in a party’s financial circumstances, unknown strategies deployed in the legal proceedings, and the fluctuating economic climate (e.g. insolvency risks due to the COVID-19 pandemic).

Articles Community Magazine

The Rise Of Sovereign Asset Tracing

While a return to some form of commercial normality is anticipated in a small number of wealthy nations, the economic impact of the COVID-19 pandemic will continue to be felt across the globe. The effect has been particularly acute for the debt profiles of many nation states, especially in the developing world. According to World Bank estimates, in 2020 government debt of emerging markets and developing economies reached 60.8% of GDP, an increase from 52.1% in 2019.

Articles Community Magazine

Damned If You Do, Damned If You Don’t: Culpability For Actions Of Foreign Subsidiaries

The Fundão Dam near Mariana, in Brazil was owned and operated by Samarco Mineração SA, and was designed to accommodate waste resulting from the extraction of iron ore. On 6 November 2015, the dam collapsed, triggering the release of more than 40 million cubic metres of mining waste. This slurry travelled 620 km downriver, destroying multiple villages and over 3000 acres of forest, decimating entire fish populations, and killing nineteen people. The polluting waste eventually found its way, through the Doce River, to the Atlantic Ocean over 400 miles away destroying, damaging or contaminating everything in its path. To date, it remains Brazil’s worst environmental disaster.

Articles Community Magazine

Sanctions Compliance In The World Of Cryptocurrency: An Asset Class Riddled With Fraud, Risks And Scams

Virtual currencies have not only arrived but have become a major player in the global economy. The meteoric rise in their importance and the inherent material risks are not lost on the regulators. Cryptoassets by design facilitate the anonymous or pseudonymous conduct of international commercial transactions, making them the target of choice by sanctioned actors and cybercriminals to channel and hide the source of their financial transactions, evade sanctions and launder money. In the post-pandemic world, with the shift to remote working, ransomware attacks have exploded in volume and criminals have come to rely on digital currencies to force victims to pay millions of dollars to regain access to their own files and to prevent leaks of stolen data.

Articles Community Magazine

Forum Shopping: For Gdpr Class Actions

The UK incorporated its own version of GDPR into domestic law in 2018, with further modifications made following Brexit. The provisions dealing with the jurisdiction(s) in which data subjects may pursue judicial redress do not constitute a complete code and are not so clear-cut. This potentially allows for forum shopping by UK-based data subjects who wish to pursue claims against data controllers and processors. As there is still great uncertainty on whether class actions can be pursued in the English Courts for data breaches (particularly following the Supreme Court’s recent judgment in Lloyd v Google 1), some claimants may be bold enough to pursue their claims outside the UK.

Articles Community Magazine

Unjust Enrichment: Windfall Or Shortfall? How Not To Get What You Paid For When Buying And Selling Assets

Shareholder Disputes have been on the rise during the past year. Often this is due to the inadequate or misunderstood documents drawn up at the time of relationships being formed to demarcate the value and risks being shared. So this case is a timely reminder of the pitfalls of allocating risk and reward in an SPA whilst failing to grasp the commercial rationale in the way the valuation, consideration and asset portfolio are being redistributed.

Articles Community Magazine

Shareholder Disputes In The Cayman Islands In 2021

International businesses incorporated in the Cayman Islands find themselves increasingly subject to shareholder disputes of different sorts in the Grand Court of the Cayman Islands.

Articles Community Magazine

Litigation Funding, Group Actions And The Growing Need For PR Strategies

Litigation practices are evolving fast in the UK and Europe. Neither group actions nor litigation funding are new, but they have both reached a tipping point and are now generating their own momentum. However, there is an increasing need to ensure that these commercially funded cases also have a clear and effective communication strategy attached to them. Crucially, this applies to defendants as much as claimants.

Articles Community Magazine

Study Reveals Hidden Psychological Impact Of Remote Hearings

Following the exponential and global outbreak of Covid-19 in early 2020, more than 100 countries instituted either full or partial lockdowns which resulted in the majority of hearings and tribunals being held remotely.

Since then, a consensus has emerged that virtual hearings and tribunals are here to stay, at least in some form, for the foreseeable future. This was just one of the findings from a recent BRG study aimed at understanding better the experiences of remote hearings from the perspective of expert witnesses, lawyers and arbitrators from around the world, as well as to contemplate the possible psychological impact of different hearing environments.

Articles Community Magazine

Class Actions And Litigation Fundingin Australia - An Update

On 21 December 2020, the Parliamentary Joint Committee on Corporations and Financial Services handed down their 454 page report “Litigation funding and the regulation of the class action industry” (the PJC Report)1. This followed an extensive consultative inquiry (the PJC Inquiry); comprising over 100 submissions from industry stakeholders and 5 public hearings conducted throughout July and August 2020. Central to the PJC Inquiry was the recent substantial growth in class action activity across Australia, particularly shareholder claims, and the evolution of the litigation funding market in Australia, which had seen a marked increase in participation of international players, and a trend towards increased profits. A key focus of the PJC Report was the need to increase the transparency of the litigation funding market.

Articles Community Magazine

Fair Value For Dissenting Shareholders: In Cayman Merger Regime

When minority shareholders of Cayman Islands entities are being treated unfairly, they are able to take advantage of some strong tools under the Companies Act (As Revised) (the Act). One of those tools are the appraisal rights and fair value assessments available to a shareholder who has dissented from a merger or consolidation pursuant to section 238 of the Act. This type of litigation is experiencing a sharp increase in the Cayman Islands as a result of a number of factors including the delisting of Chinese companies in the United States due to legislative and policy changes there and in China.

Articles Community Magazine

Structuring Dispute Finance: Using Pools And Processes To Improve Access To Funding

The dispute finance market is continuing to mature and grow at pace. When considering funding, one factor that clients and law firms may not recognise as a driver to both the availability and terms of funding is the underlying capital structure of the funder. Yes, case prospects, portfolio diversification and pricing are key drivers of the terms that a funder offers to a client, however as the market becomes more sophisticated, spreading single case investments across multiple pools of capital provides an opportunity for funders to provide more efficient terms across a greater number of claims.

Articles Community Magazine

The Supreme Court Calms The Waters For Liquidated Damages: Triple Point Technology Inc V Ptt Public Company Ltd [2021] Uksc 29

A recent Supreme Court decision handed down on 16 July 2021 has brought welcome clarity to liquidated damages clauses and related damages caps.

Articles Community Magazine

Leading The Fight Against Disinformation For Hire

Disinformation has become one of the most prominent challenges in navigating the online world. Government bodies, academic institutions, think tanks, and even private companies have researched and proposed innumerable approaches to curb its effects. In this context, defamation lawsuits have emerged as one of the most effective contenders in the struggle against the plague of deceptive information infecting public discourse.

Articles Community Magazine

Enforcement Of Exclusive Jurisdiction Clauses In The English, Singapore And Hong Kong Courts: A Comparative Analysis

When instituting proceedings, forum is one of the most important decisions to make as opting for the wrong forum could leave the claimant with a dismissed claim, in addition to bearing costs. In this article, we will discuss the attitude of the English, Singapore, and Hong Kong courts when faced with exclusive jurisdiction clauses, and the general rules applicable.

Articles Community Magazine

Where Would We Be Without Class Actions?

The tide is turning in the world of UK class actions. In the space of just the last three months, we have seen our first three collective actions being given the ‘green light’ to proceed in the Competition Appeal Tribunal – Merricks v Mastercard, Le Patourel v BT and Gutmann v First MTR South Western Trains & Others. These claims are all trailblazers in the mass claims arena and promote a new wave in the UK justice system. With this comes a renewed energy and enthusiasm for the prospects of collective redress in the UK, at least in the competition space for now.

Articles Community Magazine

Lawyers Beyond The Jurisdiction

The Courts of Jersey deal with some very complex, specialist and high value claims. Even the largest and most specialised litigation departments on the island find themselves unable to adequately recourse certain aspects of such claims and inevitably need to draw on the huge wealth of talented specialists at law firms (in London and elsewhere) and the English Bar to assist. This makes perfect sense, given that parts of Jersey’s legislative regime, for example certain aspects of company law, are similar to (or modelled on) equivalent UK laws. And because the UK judicial system is much larger than Jersey’s, the judgment library is vast, and therefore the practitioner experience is equivalently broad.

60 seconds with

60-seconds With: Nikos Asimakopoulos Director Disputesalaco

Q. What do you tell people when they ask you what you do?

A. I say I am an investigator, but not a cop or a law enforcement agent - and wait for eyes to roll. I then explain the kind of investigations I do and how, and the conversation carries on from there.

60 seconds with

60-seconds With: Gus Sellitto Managing Director And Co-founder Byfield Consultancy

Q. What do you tell people when they ask you what you do?

A. I manage the PR and communication aspects of high profile disputes

60 seconds with

60-seconds With: Andy Mcgregorhead Of Civil Fraud Rpc

Q. What do you tell people when they ask you what you do?

A. That I’m saving the world, one Russian oligarch at a time. The reality is that it is very difficult to explain exactly what it is that disputes lawyers do. I feel incredibly privileged to do a job that I enjoy so much and it is that enjoyment that I generally try to communicate. If anyone shows a genuine interest after my saving the world answer I tell them that people come to me with big problems that I try to solve for them.

60 seconds with Articles Community Magazine Community Partner Main Issue

Disputes Magazine, Issue 3 - Year in Review 2021: Learn from the Past, Strategise for the Future

With festive period fast approaching and the new year snapping at our heels we welcome our readers to bid adieu to 2021 with the 3rd Edition of the Disputes Community Magazine. By collaborating with the wide range of legal professionals, this publication delivers exclusive new insights and technical knowledge helping our readers stay ahead of the game.

We would like to express our sincere gratitude to contributing authors and our fantastic Communty Partners for their support of this edition and this year.

60 seconds with Articles Community Magazine Interviews ThoughtLeaders 4 Content Community Partner Main Issue

Disputes Magazine Issue 2 - Our BIG Issue: Investor State, International Commercial Arbitration and Commercial Litigation

Issue 2 of our ThoughtLeaders4 Disputes Magazine is out now and it is BIG! With 21 contributuions and featuring four "60 Seconds with" interviews introducing the diverse range of practitioners behind the Community, this issue, like our Disputes Community, is bigger and bolder that ever.

We hope that by offering a multi-disciplinary blend of insights on the most pertinent topics ranging from ESG, SPACs to sanctions and sovereign enforcement, this second edition will serve as a helpful compendium of opinions, analyses and commentaries.

60 seconds with Articles Community Magazine Quarterly ThoughtLeaders 4 Content Main Issue

Disputes Magazine Issue 1 - The Next Generation in Dispute Resolution

We are delighted to bring you the first edition of the Disputes Community Quarterly Magazine dedicated to the “NEXT GENERATION IN DISPUTE RESOLUTION”.

Just like the Community’s next generation component, this issue is very special to us. By marking the first significant milestone in our development, this bumper publication offers a platform to the diverse range of current and future leaders in commercial litigation, arbitration and investigations.

ThoughtLeaders 4 Content

Virtual Value Visibility Partnership

Deliver Value through Virtual Visibility.

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Event Videos

Digital Asset Disputes Demystified Webinar

60 seconds with Articles Community Magazine Main Issue

Disputes Magazine Issue 8

We are nearing the end of Q1 and it has been a busy start to the year for the Disputes Community, and we are delighted to present the first edition of the year, Issue 8 of the Disputes Magazine. This year’s editions explore different chapters throughout the year. For this issue, our authors discuss a variety of topics facing practitioners in the Arbitration, Corporate Disputes, and ESG space including recent cases, ChatGPT, the world of crypto, greenwashing, and more.

Thank you to all our community partners, members and contributors for their support as we head into an even bigger and more exciting year for the community.

Event Videos Webinars

Crypto Beyond Fraud: Resolving Digital Disputes

Event Videos Webinars

Getting Comfy with Crypto: Building Trustee Confidence

Event Videos

Crypto in Disputes 2022 | 29 June 2022

Event Videos

India Dispute Resolution Forum 2022

Event Videos

Shareholder Disputes and Class Actions 2021

Articles Community Magazine

The Russian Bear Fights On

The days of massive commercial disputes emanating from Russia and other FSU States are dead. That has been a constant concern of many leading practitioners in London, the epicentre of the largest, most high-profile of those disputes in the past 20 years.

60 seconds with

60-seconds With: Robert Christie Partner Bedell Cristin Jersey Partnership

Q. What do you tell people when they ask you what you do?

A. I say I’m a lawyer. My days of claiming to be a matador are long gone.

Articles

Oatly Vs Glebe Farm Food – Picking your Battles

Any big corporates considering entering into a David vs Goliath legal battle over something, really ought to consider the strength of the legal case in conjunction with the potential reputational risks to avoid a possible catastrophe.

Articles

Give credit where credit’s due: settlement agreements and the Consumer Credit Act 1974 (CFL Finance v Laser Trust & Gertner)

The Court of Appeal in CFL Finance Limited v Laser Trust & Gertner [2021] EWCA Civ 228 has ruled that a settlement agreement providing for an undisputed debt to be paid by instalments may be subject to the provisions of the Consumer Credit Act 1974 (the “CCA”).

Articles

The winner takes it all (the loser’s ts and cs were too small): Green v Petfre (Gibraltar) Limited t/a Betfred [2021] EWHC 842 (QB)

Just after midnight in 2018, Mr Green played an online game called “Frankie Dettori’s Magic Seven Blackjack”. He played well. When he finished, the screenshot on his mobile phone showed betting chips to the value of £1,722,500. However, when he tried to follow the instructions to cash in his chips, it didn’t work. He contacted Betfred who informed him that there had been a glitch in the game and that they could not make payment. After further exchanges with Betfred, Mr Green issued these proceedings. Awarding summary judgment to Mr Green on his claim, Mrs Justice Foster DBE found that Betfred had no realistic prospect of successfully defending to the claim.

Webinars Additional Materials

I’m A Litigant … Get Me Out of Here! - Key Takeaways

Webinars Additional Materials

LIDW21: Sanctions and Disputes Content

On Friday, 14th of May 2021, ThoughtLeaders4 Disputes Community co-hosted the “Sanctions and Disputes“ virtual session with our Community Partner and fellow LIDW21 Corporate Member Radcliffe Chambers.

The event has generated a great deal of interest with 160+ practitioners from 23 countries tuning in.

Here is a copy of the presentation on current issues in the world of economic sanctions with particular emphasis on the effect of sanctions on legal rights and proceedings to enforce them.

Articles

Commercial Court cracks down on crypto-fraudsters (if it can find them)

In the first initial coin offering 'ICO' fraud case before the Commercial Court, Ion Science Limited & Duncan Johns v Persons Unknown & Ors, the court granted permission to serve disclosure orders on two cryptocurrency exchanges through which the claimants' stolen bitcoin had been traced, granted a world-wide freezing order against persons unknown, and gave ground-breaking guidance on the lex situs of crypto-assets...

Articles

Supreme Court places limits on SFO’s extraterritorial reach: R (on the application of KBR, Inc) (Appellant) v Director of the Serious Fraud Office (Respondent) [2021] UKSC 2

On 5 February 2021, the Supreme Court, in a unanimous decision, held that section 2(3) of the Criminal Justice Act 1987 (“the 1987 Act”) does not confer a unilateral power on the Serious Fraud Office (“the SFO”) to demand documents from overseas entities under the threat of criminal sanction, and the request for evidence should have been handled through international mutual legal assistance channels. The Supreme Court confirmed that in applying the rules of statutory interpretation, the UK Parliament could not have intended for the SFO to use Section 2(3) notices extraterritorially and a test based on "sufficient connection" had no basis in the 1987 Act...

Articles

Misrepresentation requires ‘active appreciation’—assumption is not enough (Leeds City Council and others v Barclays)

The court has struck out fraudulent misrepresentation claims brought by Leeds City Council and others against Barclays in connection with the ‘LIBOR rigging affair of 2012’.

In Leeds City Council and others v Barclays Bank plc and another [2021] EWHC 363 (Comm), the court held that the lack of awareness (in the sense of ‘active appreciation’) of any representation regarding LIBOR was fatal to the claim. In a decision likely to be of significant comfort to banks, the court concluded that ‘to say that the key people assumed that LIBOR would be set in a straightforward and proper manner’ is simply not enough. The court also briefly considered (although the claims had already been found to have no prospect of success) Barclays’ alternative ground for strike out on affirmation. It held that the disputed questions of fact regarding the councils’ knowledge of their rights would have had to be resolved at trial. The case on affirmation would not have been suitable for summary determination...

Articles

Jurisdiction Jumble

This bulletin is of interest to those clients currently considering the commencement of English High Court proceedings, or who have recently had such proceedings served on them. In this context the UK’s EU withdrawal agreement gives rise to some significant uncertainty, including both opportunities and threats, during what should be an interim jurisdictional regime pending the EU’s decision whether to allow the UK to accede to the Lugano Convention...

Articles

Use but not abuse – think laterally before using material collaterally

In disputes, information is often the key to success. However, if the key is used in the wrong door, then that very same information can lead to problems for the litigant and its lawyers. This has been reflected by an increasing number of cases addressing the restrictions on how information and documentation can be used, and how these restrictions can be navigated. This article explores a number of recent scenarios that have arisen in this regard...

Articles

Key issues for breach of warranty claims and the potential impact of Covid-19

In the early part of 2020, Covid-19 entered all of our personal and professional lives and substantially changed the world (hopefully temporarily) in almost every respect. In the business world, it caused significant and almost unprecedented disruption to the way that businesses operate and to their turnover and profitability. At that time, some businesses were in the position where they had either recently completed the purchase of another business (whether by share or asset purchase) or were shortly due to complete such a purchase. Those share or asset purchases may have been based on assumptions, forecasts and/or valuations over which there may now be a question mark...

ThoughtLeaders 4 Content Announcement

Anita Arthur joins TL4 as Community Director for Disputes - exciting new community coming soon

ThoughtLeaders4 is delighted to announce that Anita Arthur has joined as Director for our new DISPUTES community that will be launching shortly.

Anita brings huge experience within the industry and a strong track record of launching and growing market leading events over the last 15 years within disputes, sanctions, anti-corruption, fraud & asset recovery and private equity, among others.

What we say

What our members say

"I have been impressed by the way in which ThoughtLeaders4 have adapted to the changes brought by the Pandemic and, in particular, by their regular programme of well-paced seminars delivered virtually.
When I heard that they were establishing a Disputes Community to complement their other communities, I was very keen for the firm to come on board as a Community Partner".

Sue Millar - Stephenson Harwood

“ThoughtLeaders4 adapted brilliantly to virtual networking and have been a saviour during these times when we are all missing each other. Having had such a good experience over the past year we had no hesitation in signing up as a Community Partner for the new Disputes community”

Andy McGregor - RPC

"ThoughtLeaders4 has excelled in putting together a diverse set of digital events over the last year, and following our productive involvement with FIRE, we look forward to being part of a wider set of discussions that affect the broader Disputes Community.”

Nikos Asimakopoulos - Alaco

“We are delighted to become a partner of the new Disputes Community at ThoughtLeaders4. Innovation is key for us at Radcliffe Chambers and so we admire TL4’s original and engaging approach and how seamlessly they adapted to an online world at the onset of the pandemic. We look forward to working with them on all things CDR and international arbitration-related.”

Shantanu Majumdar - Radcliffe Chambers

"From the first meeting we had with ThoughtLeaders4 we really like the vision. The vision is to produce a practical community of practitioners that are looking out for each other, who were sharing thought leadership and are going to help each other"

Adam Garside - BRG

"Given the resounding success of our partnership for the FIRE community, we had no hesitation in extending our collaboration to the exciting new Disputes Community. TL4 have made staggering inroads into the market in a short space of time, and there is a real buzz about what the future has in store."

Jon Felce - PCB Byrne