Disputes Eye: ‘Draconian’ measures as SFO tackles privilege via the back door

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Disputes Eye: ‘Draconian’ measures as SFO tackles privilege via the back door

Despite the Serious Fraud Office (SFO) opting in October not to pursue its much-publicised privilege appeal against ENRC any further, it is taking an increasingly hard-line approach in other ways.

Notably, the agency has come under scrutiny for its heavy-handed use of section 2 notices, an order compelling any individual or business to submit evidence or information. Failing to provide what the SFO wants can be punishable by up to six months’ imprisonment, a fine, or both. Continue reading “Disputes Eye: ‘Draconian’ measures as SFO tackles privilege via the back door”

Disputes Eye: Hunting krakens – As finance and Russian work slows veteran litigators look to key trends and opportunities

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Disputes Eye: Hunting krakens – As finance and Russian work slows veteran litigators look to key trends and opportunities

As the torrent of post-financial crisis litigation continues to slow, litigators are increasingly wondering: ‘What next?’ Certainly, 2018 has so far been quieter than 2017 from a disputes perspective, across big-ticket and mid-level matters.

Canvassing industry veterans on the trends to watch, however, shows plenty of areas of opportunity litigators spy on the horizon. Perhaps the most talked-up area right now is the prospect of litigation linked to this year’s implementation of GDPR, the EU-wide regime updating data protection and privacy law. The complexity of the legislation, and potential fines of up to 4% of global turnover for companies that breach the new rules, unsurprisingly means many lawyers forecast plenty of compliance and enforcement-related work. Continue reading “Disputes Eye: Hunting krakens – As finance and Russian work slows veteran litigators look to key trends and opportunities”

Comment: Disputes Eye – An English court in Paris: another warning shot

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Comment: Disputes Eye – An English court in Paris: another warning shot

There is a certain irony to be found in France’s enthusiastic uptake of English courts just as the UK detaches itself from the EU, an irony accompanied by a realistic fear of weakening the English judiciary.

Of course, the introduction of an English-language common law commercial court in Paris is nothing new for the continent, with similar proposals already taking form in Belgium and Germany. However, the Parisians have recently upped their marketing drive, announcing a flat court fee of €100 to contest the Rolls Building’s less-than-competitive entry price of up to £10,000. Continue reading “Comment: Disputes Eye – An English court in Paris: another warning shot”

Disputes Eye: An English court in Paris – another warning shot

Posted on |
Disputes Eye: An English court in Paris – another warning shot

There is a certain irony to be found in France’s enthusiastic uptake of English courts just as the UK detaches itself from the EU, an irony accompanied by a realistic fear of weakening the English judiciary.

Of course, the introduction of an English-language common law commercial court in Paris is nothing new for the continent, with similar proposals already taking form in Belgium and Germany. However, the Parisians have recently upped their marketing drive, announcing a flat court fee of €100 to contest the Rolls Building’s less-than-competitive entry price of up to £10,000. Continue reading “Disputes Eye: An English court in Paris – another warning shot”