The UK Supreme Court’s decision in Stevens v. Hotel Portfolio II UK Ltd has clarified the liability of dishonest assistants in cases of breaches of a constructive trust of secret profits. It also provides helpful guidance on determining liability in cases of successive breaches of fiduciary duties, specifically in relation to the application of the compensatory principle and ‘but for’ test, and the availability (or lack thereof) of a right to set off gains against losses caused by the b...| On the Record
The UK government has launched a review into the opt-out collective actions regime for antitrust law claims. This review comes a decade after the regime’s launch. During this period, the regime has developed significantly, with many claims being issued (now more than 60) and certified amidst much legal wrangling on procedural points. However, despite the proliferation of claims (and a small number of settlements), we …| On the Record
This blog post summarizes the key points presented by Cooley lawyers Claire Temple, James Maton, Andrew Linch and Enrique Gallego Capdevila during the firm’s recent “Online Marketplaces + Ecommerce” webinar, the latest instalment of our “On the Record: Cooley Litigation Trends Webinar Series,” focused on the UK and European Union (EU).| On the Record
The long-anticipated reforms to the UK’s arbitration framework officially come into force today, modernising the Arbitration Act 1996 and reinforcing the UK’s status as a leading global hub for dispute resolution.| On the Record
In Parker-Grennan v. Camelot UK Lotteries Limited, the Court of Appeal considered, for the first time, what needs to be done to incorporate standard terms for goods or services into a contract which is made online.| On the Record
The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as to whose standard terms have been incorporated.| On the Record
Please join Cooley’s litigation team for our next session of our continued legal education (CLE) webinar series, where we explore trends and insights on the disputes landscape in the UK and mainland Europe, and the issues that drive them. Online marketplaces and ecommerce now dominate the modern world of B2C transactions. But what does that mean in terms litigation risk – be that regulatory litigation or …| On the Record
The English Court of Appeal’s judgment in KSY Juice Blends UK Ltd v. Citrosuco GmbH[1] provides helpful guidance on the enforceability of long-term supply contracts where the price for part of the goods is left open to be agreed in the future. The judgment is particularly notable for its analysis of when a court will imply a term for a reasonable or market price, and …| On the Record
In EE Limited v. Virgin Mobile Telecoms Limited,[1] the High Court found that the claimant's claim for 'charges unlawfully avoided' under a telecommunications supply agreement was in fact a claim for loss of profits, which were excluded by an exclusion clause in the agreement.| On the Record
The UK Supreme Court recently handed down a judgment in Tradition Financial Services Ltd v Bilta (UK) Ltd & Others[1] in which it considered the scope of section 213 of the Insolvency Act 1986, specifically whether those beyond the small group of individuals with controlling or managerial functions of the liquidated company could be ‘party to’ the carrying on of a company’s business with intent to defraud creditors.| On the Record
The Civil Justice Council (CJC) has published its highly anticipated final report on the regulation and development of litigation funding in England and Wales. This comprehensive report addresses the implications of the UK Supreme Court decision in R (on the application of PACCAR Inc & others) v. Competition Appeals Tribunal & others,[1] examines various funding mechanisms, and proposes legislative reforms to clarify and regulate these funding types.| On the Record
Earlier this year, the English High Court considered an application for strike out of a representative action in the ongoing dispute between Getty and Stability AI. The case is at the intersection of intellectual property (IP) issues in connection with generative artificial intelligence (AI) and class actions in the UK – issues close to Cooley’s heart – and we have been following developments with interest. …| On the Record
This webinar will aim to answer all your most burning questions around drafting the “perfect” dispute resolution clause, to bulletproof your business from litigation risk across Europe. Tuesday, 24 June 2025 – 4:30-5:30pm BST| On the Record
The last couple of years have seen a dramatic rise in the promotion of alternative dispute resolution generally and mediation in particular by the English judiciary. The Court of Appeal in Churchill v. Merthyr Tydfil County Borough Council[1] held that, contrary to popular belief, the courts had the power to order parties to mediate; the Civil Procedure Rules were duly amended to incorporate that power …| On the Record
With online safety laws becoming prolific – and content moderation and child protection obligations at the forefront of this – how are we starting to see this sea-change play out in litigation? In this webinar session, we’ll explore related developments across the UK, EU and US.| On the Record
Two notable English court judgments on jurisdiction have been handed down in the last few months – the first being the Court of Appeal’s decision in Limbu & Others v. Dyson Technology Ltd & Others[1], and the second the High Court’s decision in da Silva & Others v. Brazil Iron Ltd & Another[2]. Both cases involved group litigation against UK-domiciled companies in respect of the …| On the Record
The decision of the High Court of England and Wales in Durber v. PPB Entertainment Ltd is another helpful case study in how to host a consumer-facing website.[1] It is interesting, given how much time is spent carefully drafting the substance of terms and conditions, that the presentation of those same terms and conditions to consumers can sometimes be an afterthought. If companies do not …| On the Record
On 24 February 2025, the UK Arbitration Act 2025 received royal assent. While it does not bring with it large-scale reform of the Arbitration Act 1996 (which was considered to be largely fit for purpose), some of the amendments are nevertheless significant. The following are of particular note.| On the Record
In the recent judgment in El-Khouri v. Government of the United States of America,[1] a case concerning the operation of the double criminality rule in the context of extradition, the UK Supreme Court made a seminal ruling on the extraterritorial limits of the Proceeds of Crime Act 2002 (POCA).| On the Record
In EE Ltd v. Virgin Mobile Telecoms Ltd[1], the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement.[2] While the decision ultimately confirmed the reasoning of the lower court, the decision is notable for being surprisingly close.| On the Record
The recommendations, particularly those in relation to summary disposal and orders against third parties, provide tribunals and the courts with important express powers to ensure the efficient and effective management of arbitral claims. But the report is actually most notable for the fact that so few amendments are required - and those that are required are either changes to clarify the existing position or to …| On the Record
After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated Arbitration Bill to Parliament’s legislative agenda. The second reading of the Arbitration Bill at the House of Lords took place on 30 July 2024. On 25 July …| On the Record
Tai Mo Shan Ltd v. Persons Unknown[1] is the latest in a series of cases in which the English courts have demonstrated their willingness to make practical procedural decisions to assist the victims of crypto fraud. In this case, the High Court of England and Wales granted the claimant permission to serve out of the jurisdiction in order to enforce a judgment of a New …| On the Record
Introduction The UK's Online Safety Act (OSA) imposes extensive obligations on certain types of online service providers to protect users from illegal and harmful content. A key focus of the OSA is the protection of children online, and special obligations are conferred on service providers whose platforms are "likely to be accessed by children". Under the OSA, Ofcom, the UK's online safety regulator, is required …| On the Record
The Digital Markets, Competition and Consumers Act (DMCC), which became law on 24 May 2024, represents a major shift in UK digital, competition and consumer protection regulation. In particular, the DMCC: Introduces a new regulatory regime for large digital firms (covered in May 2024 Cooley client alert). Significantly widens the enforcement remit of the UK Competition and Markets Authority (CMA) in consumer protection - particularly …| On the Record
In its judgment in Sharp Corporation Ltd v. Viterra BV[1] handed down last month, the UK Supreme Court held that damages for nonacceptance of goods should be determined by reference to the realisable value of the goods left in the seller's hands in consequence of nonacceptance - and not on the basis of a notional substitute contract on the same terms as the parties' contract.| On the Record
In a final twist to this long and winding litigation, the UK Supreme Court has allowed MUR Shipping's appeal, holding that 'reasonable endeavours' provisions in force majeure clauses (express or implied) do not require parties to accept noncontractual performance.| On the Record
On 25 March 2024, the UK Office of Communications (Ofcom) published its research and advice to the Secretary of State (SoS) on the threshold conditions that it considers appropriate to determine whether a service falls into Category 1, 2A or 2B under the Online Safety Act (OSA). Category 1 and 2B apply to user-to-user services, whereas Category 2A applies to search services. This advice forms …| On the Record
