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Dish Technologies Llc (a company incorporated under the laws of the state of Colorado, USA) and another company v Aylo Premium Ltd (a company incorporated under the laws of Cyprus) and other companies; Aylo Premium Ltd (a company incorporated under the laws of Cyprus) and another company v Dish Technologies Llc (a company incorporated under the laws of the state of Colorado, USA) [2024] EWHC 1310 (Pat) What are the practical implications of this case? This ruling clarifies the stance of the UK Patents Court when faced with a request for an accelerated trial timetable in patent matters before it. Under the Practice Statement, the Court endeavours, where feasible, to have patent actions listed for trial within 12 months of issue counted from the date the claim is issued. Listings begin from the current Trial Window publicised by the Chancery Division Listing Office; however, the Court can fix a trial up to one month before that slot without any formal expedition application, provided doing so enables the matter...

UK Finance responds to FCA consultation on aligning sustainability disclosures with ISSB standards UK Finance has issued its reply to the Financial Conduct Authority’s consultation on bringing sustainability-related disclosures into line with international standards, backing the plan to embed the UK Sustainability Reporting Standards within the Listing Rules and to align with the International Sustainability Standards Board baseline, while underlining the need for international consistency and comparability. It supports the proposed ‘comply or explain’ model, yet seeks clearer signalling on the FCA’s next steps, including whether the regime will persist in its current form or shift towards mandatory adherence. The submission also urges consideration of the implications for the competitiveness of UK listings and for the broader corporate reporting landscape, and says the FCA should take a proportionate, supportive supervisory stance, especially during initial implementation, acknowledging that firms may rely on best endeavours as capabilities mature. UK Finance further stresses that using the ‘explain’ option should not be equated with non-compliance, and it does not support introducing...

In this issue: Arbitration in England & Wales Investment treaty arbitration International arbitration Institutional and ad hoc arbitration AI in arbitration Sector-and industry-specific arbitration Other ADR and arbitration-related news Daily and weekly news alerts New and updated content Arbitration in England & Wales Supreme Court: non-contractual performance not a failure to exercise reasonable endeavours (RTI Ltd (Respondent) v MUR Shipping BV (Appellant)) The Supreme Court in RTI Ltd (Respondent) v MUR Shipping BV (Appellant) [2024] UKSC 18 allowed the appeal unanimously, concluding that the Appellant’s refusal of the Respondent’s proposal to perform on a non-contractual basis did not amount to a failure to use reasonable endeavours. Consequently, the Court confirmed that the reasonable endeavours proviso did not preclude the Appellant from invoking the force majeure clause. Kaity Crowe, Pupil at The 36 Group, and Paul Schwartfeger, Barrister at The 36 Group, provide commentary on the decision’s impact and its wider implications. See: LNB News...

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

This Practice Note outlines the landscape of technical barriers to trade within the UK–EU Trade and Cooperation Agreement. It summarises the rules on technical regulations, standards, and conformity assessment procedures binding on the EU and the UK. Introduction As a free trade pact, the TCA governs not only tariffs on goods moving between the two customs areas, but also other elements necessary for trading in goods or considered non‑tariff obstacles. These include: rules of origin sanitary and phytosanitary measures, and technical barriers to trade (TBT) Chapter 4 of the TCA addresses TBT. It draws on many of the substantive provisions of the World Trade Organization’s Agreement on Technical Barriers to Trade and therefore builds on that treaty. Specifically, it incorporates Articles 2 to 9 and Annexes 1 and 3 of the WTO’s Agreement on Technical Barriers to Trade. It also confirms that the terms used in Chapter 4 of the TCA, as well as in the TBT annexes to...

ARCHIVED: This Practice Note has been archived and is not maintained Keeping abreast of case law that shapes a practitioner’s specialism, or influences civil litigation procedure generally, is a persistent challenge for those working in dispute resolution. This Practice Note distils the leading appeal authorities—decisions of the Court of Appeal and Supreme Court, and, where relevant, selected judgments of the Court of Justice of the European Union (CJEU)—that we have reported, giving users straightforward access to those rulings. Use the table of contents in the left margin to browse, or locate items quickly with [CTRL]+[F]. It also sets out a selection of forthcoming appeals, where known, to aid horizon scanning. The material is not intended to be a comprehensive catalogue of every appeal and/or significant decision for dispute resolution practitioners. Key forthcoming appeal cases—2019 Terminating contracts—frustration Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 921 (Ch)—Court of Appeal: permission to appeal granted in the lower court...

1 Introduction 1.1 Our goal is to deliver outstanding service to our clients. Despite our best endeavours, mistakes may on occasion occur. So far as possible, we nurture a culture without blame—any of us can make an error. 1.2 This policy describes our procedures for managing acts or omissions that may give rise to a negligence claim. 1.3 This policy applies to everyone working at any level, including partners, consultants, solicitors, and other employees (whether permanent, fixed-term or temporary), together with contractors, trainees, seconded staff, home-workers, casual staff, agency staff, interns and students, agents, sponsors, volunteers, or any other person connected with the firm wherever they are located (collectively referred to as ‘staff’ in this policy). 2 Responsibility for handling claims against the firm 2.1 [ Insert name of person nominated to receive internal claim/circumstance report forms ] is responsible for dealing with: 2.1.1 acts or omissions that might result in a negligence claim against us; 2.1.2 actual negligence claims against...

1 Definitions and interpretation 1.1 In this Agreement, and except where the context dictates otherwise, the expressions below shall bear the meanings set out here: Relevant Proportion means, for the purpose of clause, the greatest share of the Company’s [ trading ] losses [ and other amounts eligible for relief from taxation ] that the law permits to be surrendered to the relevant Shareholder (or a member of its Shareholder Group), or, as applicable, the greatest share of the Company’s trading profits against which the Shareholder (or a member of its Shareholder Group) is permitted by law to surrender its [ trading ] losses [ and other amounts eligible for relief from taxation ] ; VAT means United Kingdom value added tax [ and any other tax imposed in substitution for it OR , any other tax imposed in substitution for it and any equivalent or similar tax imposed outside the United Kingdom ] ; 2 Tax matters 2.1 [ The...

This Deed This Deed is entered into on [ insert date ] by the parties identified below. Parties The individuals whose full names and addresses are set out in the Schedule (each a Partner and, collectively, the Partners) [ Insert name of COFA ] of [ insert address ] (the COFA) BACKGROUND (A) The Partners carry on business as a legal practice authorised and regulated by the Solicitors Regulation Authority (SRA) under the name of [ insert name of firm ] (the Firm). (B) The Partners have appointed [ insert name of COFA ] as the Firm’s compliance officer for finance and administration (COFA), subject to [ continued ] approval by the SRA. (C) The parties have agreed that the COFA shall have the benefit of an indemnity from the Partners in relation to certain liabilities of the COFA, as more fully set out in this deed. THIS DEED PROVIDES: COFA’s regulatory...