Promoting unregulated investments: it’s the reality of the relationship that counts (FCA v Avacade)
In FCA v Avacade [2020] EWHC 1673 (Ch) the High Court considered several points important for the financial services sector (particularly for unregulated entities), practitioners, and the regulator. Kajetan Wandowicz has written an analysis of the judgment for LexisNexis PSL. The Defendants purported to outline to their customers the options available to them for dealing […]
6th July 2020
Construction Newsletter – How far can you go? Anti-suit injunctions, interim relief and ICC Arbitration Rules: SRS...
Introduction and background The ICC Arbitration Rules permit parties to seek interim relief before courts in support of an arbitration. But it is a breach of any exclusive arbitration clause to seek a substantive ruling from a court on issues which should be referred to an arbitration. Where, then, is the dividing line between interim […]
12th November 2020
UK Government’s “Guidance on responsible contractual behaviour” – toothless for now, but laying foundations for...
On 7 May 2020, the Government published a document entitled “Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the COVID-19 emergency” (the “guidance”). In this short article, Sean Brannigan KC and Kajetan Wandowicz summarise the guidance, and discuss its potential implications for commercial parties. It was prepared jointly by the Cabinet Office and […]
12th May 2020
Construction Newsletter – The TCC throws a spanner in the works of expert witness firms
Summary In what is likely to be a significant blow to firms providing expert witness services, the TCC has recently issued a judgment that may heavily curtail their activities. In a decision issued last week in A Company v X, Y, Z [2020] EWHC 809 (TCC) the claimant succeeded in continuing an injunction restraining the […]
9th April 2020
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