Insights

Professional
Practice
Industry
Region
Trending Topics
Location
Type

Sort by:

Client Alerts 18 results

Client Alert | 3 min read | 03.11.25

Monitoring the New Trump Administration for U.K. Businesses

In a business environment characterised by tremendous change and impact as a result of the new Trump Administration and the 119th Congress, it is crucial for U.K. businesses to stay informed about developments in the U.S. Crowell is focused on providing clients with timely and actionable insights that can help to inform forward-looking business priorities and strategies.
...

Client Alert | 7 min read | 01.26.22

Data Breach Decisions: A Turning of The Tide?

Compensation claims for data breaches have become increasingly common in the UK in recent years. However, 2021 may come to be seen as a turning of the tide, as the English Courts made a number of decisions that will substantially reduce the scope of such claims and/or make them less attractive to funders. This alert looks at a few such decisions and their potential consequences.
...

Client Alert | 5 min read | 01.26.22

UK Supreme Court Decisions on Arbitration Agreements and Procedure in 2020-2021

The last two years have seen three landmark decisions of the UK Supreme Court on arbitration agreements and procedure. This alert summarizes those decisions and their implications.
...

Client Alert | 3 min read | 09.15.21

English High Court Judgment Narrows The Scope of Data Breach Claims

Compensation claims for data breaches have become increasingly common in the UK, and are often issued in the High Court (Media and Communications List). However, the High Court’s recent judgment in Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) may signal a reversal of that trend. At the very least, unless reversed on appeal, the decision will substantially reduce the scope of many such claims.
...

Client Alert | 2 min read | 06.29.21

Just in Time - EU Adopts Adequacy Decisions for free flow of data with UK

On the 28 June 2021, the European Union (EU) adopted two adequacy decisions which permit the free flow of personal data from the EU and the European Economic Area (EEA) to the UK. The adequacy decisions are given under the EU General Data Protection Regulation (GDPR) and Law Enforcement Directive (LED), and include the EU’s assessment of the UK’s data protection standards. The decisions are necessary because EU data protection law limits transfers to a third country (the UK became a third country as a result of Brexit), and under the EU – UK Trade Cooperation Agreement the transition period was due to expire on the 30 June 2021.
...

Client Alert | 7 min read | 12.10.20

U.K. Supreme Court Delivers Landmark Judgment on Apparent Bias of Arbitrators

Shortly after its important decision on the governing law of arbitration agreements in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 (as covered in our recent alert here), the U.K. Supreme Court has handed down another judgment long awaited by arbitration participants and practitioners – namely, Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which is set to become the leading authority on arbitrators’ duties of impartiality and disclosure. 
...

Client Alert | 3 min read | 12.04.20

The New LCIA Arbitration Rules - Progress Despite 2020!

The London Court of International Arbitration (the LCIA) released an update to its Arbitration Rules, which took effect on October 1, 2020 (the 2020 Rules). While the LCIA has characterised the 2020 Rules as a “light touch”1 update on the 2014 edition of the rules (the 2014 Rules), there are some notable developments which bring the 2020 Rules in line with modern practice and other institutions’ rules.
...

Client Alert | 4 min read | 10.30.20

U.K. Supreme Court Clarifies How to Determine the Governing Law of Arbitration Agreements

In a landmark decision set to become the leading authority on the governing law of arbitration agreements, the U.K. Supreme Court recently handed down judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38. The judgment brings some much-needed certainty on how English courts will determine the law applicable to arbitration agreements in future cases. 
...

Client Alert | 8 min read | 04.22.20

English Contractual and Common Law Remedies for COVID-19 Business Interruption

COVID-19 has and will naturally lead many contracting parties to consider declaring that a force majeure event has occurred when performance becomes impossible or significantly more difficult. But that is not the only way in which contracts may be affected by the current crisis. In this article, we consider force majeure and a range of other contractual clauses in which risk may have been planned for and allocated between the parties, and which are likely to be highly relevant during the current crisis, as well as other remedies.
...

Client Alert | 6 min read | 04.17.20

An Update on U.K. Data Breach Damages

The 13 March 2020 Queen’s Bench Division Media and Communications List judgment in Alexander Aristides Reid v Katie Price [2020] EWHC 594 (QB) has added to the body of case law on damages for breaches under data protection legislation. Mr Reid was awarded £25,000 under the Data Protection Act 1998 (DPA 98) and other causes of action.
...

Client Alert | 6 min read | 04.17.20

Will Lenders be able to use COVID-19 to Invoke Material Adverse Change Clauses?

The COVID-19 pandemic is unprecedented in modern times, and its economic impact is likely to be measured in years rather than months.  Against that backdrop, in our recent bulletin, An English Law Perspective on COVID-19 and Contractual Disruption, we provided guidance to businesses on invoking and responding to force majeure clauses.
...

Client Alert | 6 min read | 04.15.20

The United Kingdom’s COVID-19 Measures to Assist Business

In the last few weeks the United Kingdom Government has introduced a variety of relief measures for businesses as the COVID-19 crisis escalates. Not all these measures are yet in force e.g. insolvency measures and annual general meeting formalities, as the legislation to implement these measures has not yet been adopted.
...

Client Alert | 5 min read | 04.03.20

Profiteering in the U.K. and the Pandemic: Navigating Fluctuating Markets and Erratic Supply Chains

We are in extraordinary times.
...

Client Alert | 5 min read | 04.01.20

Morrisons Supermarket Not Liable for Employee’s Data Breach

In a much anticipated judgment, today the United Kingdom Supreme Court ruled in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. Judgment was given by Lord Reed, with whom the remaining members of the panel agreed.
...

Client Alert | 4 min read | 03.26.20

Coronavirus Business Interruption Loan Scheme – Key Points

On March 20, 2020, the Chancellor of the Exchequer, Rishi Sunak, unveiled the U.K.  government's further £350bn package of fiscal measures to mitigate the severe economic downturn caused by the COVID-19 outbreak. One of the most significant measures is the launch of the Coronavirus Business Interruption Loan Scheme (the Scheme) which went live on March 23.
...

Client Alert | 4 min read | 03.18.20

An English Law Perspective on COVID-19 and Contractual Disruption

As everyone is aware, the recent COVID-19 outbreak has been declared a global pandemic by the World Health Organization and business disruption is accelerating around the world.
...

Client Alert | 8 min read | 03.16.20

Coronavirus – Issues for Asset-Based Lenders

It is clear from the announcements issued by the U.K. Government over the last few hours and days that we are living through incredibly challenging times. It goes without saying that we hope that you, our clients, are well and that you continue to be. This note is an offer of help as it is entirely clear that to weather this storm, we need to work together like never before.
...

Client Alert | 4 min read | 08.08.19

U.K. Serious Fraud Office Issues Guidance on Corporate Cooperation

On August 6, 2019, the U.K. Serious Fraud Office (SFO) released its highly-anticipated Guidance on Corporate Cooperation. Much like the approach taken by the U.S. Department of Justice, the SFO has stated in the guidance that “co-operation will be a relevant consideration in the SFO’s charging decisions.” While co-operation “does not guarantee any particular outcome,” under the SFO’s Guidance on Corporate Prosecutions and Deferred Prosecution Agreements Code of Practice, co-operation is a factor that weighs against prosecution when corporate management has adopted a “genuinely proactive approach” upon learning of potential wrongdoing. 
...