60 seconds withArticlesCommunity MagazineMain IssueFeatured Article
Disputes Issue 14: Reaching The Summit - Q3’s Insights On Next Gen Disputes
We are delighted to present Issue 14 of the Disputes magazine to our readers, Reaching The Summit: Q3's Insights On Next Gen Disputes. This edition encompasses the complex themes of Corporate Disputes, Sanctions, Arbitration, and Crypto & Digital Assets. Each theme delves deep into the current industry issues, and we hope provides insightful reading. We extend our sincere thanks to our corporate partners, contributors, and readers for their support in bringing Issue 14 to life. Do keep an eye out as we continue to offer exciting events from within the Disputes community.
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Articles
Crypto: The good, the bad, and the misunderstood
With crypto accounting for the wealth of 17 billionaires in 2024, and cryptocurrency revenue expected to exceed US$3 trillion by 2026, it might be easy to think that the biggest problem for crypto owners is deciding how to spend their fortunes.
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Articles
Extending APP Fraud Principles to the Crypto Industry: A Critical Analysis
The legal landscape around Authorised Push Payment (“APP”) fraud has seen significant developments, particularly through landmark cases such as IFT SAL Offshore v Barclays Bank plc [2020] EWHC 3125 (Comm), Tecnimont Arabia Limited v National Westminster Bank plc [2022] EWHC 1172 (Comm), Terna Energy Trading DOO v Revolut Ltd [2024] EWHC 1419 (Comm), Larsson v Revolut Ltd [2024] EWHC 1287 (Ch), and CCP Graduate School Ltd v National Westminster Bank Plc [2024] EWHC 581 (KB).
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Community MagazineMain Issue
Disputes Issue 13 - International Insights; Q2’s Perspective For Commercial Disputes
We are delighted to present Issue 13 of the Disputes magazine to our readers. This edition, which encapsulates the broad landscape of M&A Disputes, Crypto & Digital Assets, Defamation, Privacy & Reputation Management, ESG, and Class Actions, boasts a superlative collection of written insights. Each theme delves deep into the issues at the fore, and presents an informative publication of thought leadership.
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Disputes Issue 12: Clarity In Conflict - New Perspectives On Dispute Resolution
We are thrilled to present Issue 12 of the Disputes magazine. Delving into the dynamic landscape of justice, this edition boasts a collection of articles illuminating the complexities and contradictions at the heart of legal disputes. Drawing from a range of complementary themes: Emerging Tech, Sovereign & States, Corporate Crime, Property Disputes, Financial Institutions and HNWs in Disputes, each theme offers a comprehensive exploration of the issues at hand, shedding light on the ever-changing nature of legal conflicts.
We thank our community partners, contributors, and readers for their support in putting this edition together.
Do keep an eye out as we continue to offer various engaging events within the Disputes community.
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Disputes Magazine Issue 11 - A Year in Review
We are delighted to present our latest Disputes Magazine, Issue 11. With a finger on the pulse of the ever-evolving legal landscape, this edition promises an exploration into the intricacies of arbitration, class actions, corporate disputes and the realm of Environmental, Social, and Governance (ESG) considerations.
We would like to thank our community partners and contributors for their support during this year. They have shed light in this edition on the emerging strategies, landmark cases, and the evolving dynamics that shape corporate decision-making.
We look forward to welcoming you in 2024. Keep an eye out as we unveil a series of compelling events within the Disputes Community.
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Disputes Magazine Special Edition: Sovereign and States Disputes and Enforcement
We are delighted to present a Special Edition of Disputes Magazine: Sovereign & States Disputes and Enforcement. This edition explores a range of geographies from various practitioners. This issue includes articles on sovereign debtors, international arbitration, and tackles the jurisdictions of Switzerland, Venezuela, Luxembourg, the USA, Spain, and more.
Thank you to our community partners and contributors for their support.
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60 seconds withArticlesCommunity MagazineMain Issue
Disputes Magazine Issue 10 - Next Gen Edition
We are delighted to present Issue 10 of Disputes Magazine which is our Next Gen edition. This edition hears from our next generation of practitioners, along with best practices for them. The issue highlights a number of chapters, including articles on highlighting advances in ediscovery techniques, the path for greener litigation, recent updates on collective actions, and examining the bank’s legal role following the Supreme Court’s decision in the Philipp v Barclays case.
Thank you to our community partners and contributors for their support.
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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).
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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.
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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.
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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.
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Articles
How to get Pupillage
This Friday, on the 5th 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.
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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.
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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.
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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!
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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 29th 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.
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ArticlesCommunity MagazineMain 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 19th 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.
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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.
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60 seconds withCommunity MagazineMain 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.
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International Women’s Day 2022
Thought Leaders 4 Women Who Inspire - IWD 2022 - Amanda Illing 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.
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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.
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InterviewsInternational 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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).
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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ArticlesCommunity 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.
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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.
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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.
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60 seconds withArticlesCommunity MagazineCommunity PartnerMain 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.
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60 seconds withArticlesCommunity MagazineInterviewsThoughtLeaders 4 ContentCommunity PartnerMain 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.
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60 seconds withArticlesCommunity MagazineQuarterlyThoughtLeaders 4 ContentMain 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.
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ThoughtLeaders 4 Content
Virtual Value Visibility Partnership
Deliver Value through Virtual Visibility.
Understand what is unique about the ThoughtLeaders4 community approach and how you can add Value to our Communities and be Visible through our Virtual platform.
To find out more about our VVV packages DOWNLOAD OUR BROCHURE
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60 seconds withArticlesCommunity MagazineMain 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.
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InterviewsInternational Women’s Day 2022 ProfileFeatured 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.
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ArticlesCommunity 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.
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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.
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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.
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WebinarsAdditional 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.
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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...
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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...
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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...
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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...
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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...
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ThoughtLeaders 4 ContentAnnouncement
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.
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