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Disputes and Litigation Publications

05 July 2010

The Digital Economy Act 2010

In a nutshell, the Digital Economy Act 2010 addresses a range of areas within the digital and communications industry, a sector which accounts for around 8% of GDP.

13 April 2010

The Bribery Act 2010

Businesses should now review their anti-corruption procedures to ensure protection against a new corporate offence introduced by the Act.

08 April 2010

Two's company, three's a result: the Third Parties (Rights Against Insurers) Act 2010

You have suffered as a result of shoddy work by one of your contractors or suppliers. As a result, you want to claim but discover that they have gone under. It quickly becomes apparent from the contractor's financial state that all realistic chances of a recovery from the contractor have disappeared. However, all may not be lost - you may be able to take advantage of a very useful recent development in the law to bring your claim against the contractor's insurer.

22 December 2009

CAHA revision December 2009 Passenger Rights and Partial Agreements

On 1 December 2009, the Railway Industry Dispute Resolution Committee (RIDRC) issued a revised version of the claims Allocation and Handling Agreement (CAHA) applicable to the classic (i.e. not HS1) network.  This briefing note follows our comments on the proposed changes in June 2008 and describes the key changes and the importance of clarifying the current drafting of the caps.

17 September 2009

Tenant Default: What Are Your Options?

The risk of defaulting tenants is a real concern for landlords and their lenders. We have identified some key points that, as a landlord, we think you should consider.

31 July 2009

FSA regulation of data security

There have been a number of recent, high profile cases involving the loss of personal (often customer) data. This article gives some practical guidance to firms on how to minimise the risk of a data security breach. It also looks at the FSA's concerns on customer data security practice, gives a summary of the relevant rules and some examples of the FSA's enforcement activity in the area.

26 June 2009

Tightening Passenger Rights

The rights of passengers will be bolstered from 3 December 2009 when a new EU Regulation comes into force.

This Regulation will firm up and add to existing compensation, information and assistance obligations. It will directly affect the provision of services to the public.

15 April 2009

Rome II - Non-contractual disputes

A new European Regulation governing non-contractual international disputes came into force in January 2009. The "Rome II Regulation" (864/2007/EC) is intended to help Courts decide on the applicable law for an international dispute.

26 March 2009

Quaystone: March 2009

Quarterly newsletter from our Construction and Engineering Group. In this issue we look at mediation as a means to resolve disputes, the ownership of materials on site, the credit crunch and updates to legislation.

18 March 2009

Rome II - Non-contractual disputes

This briefing looks at the Rome II Regulation (864/2007/EC) on the law applicable to non-contractual obligations came into force in January this year.

16 March 2009

FSA Business Plan 2009-10: The Regulator 'tools up' for battle

The FSA has signalled clearly in its Business Plan for 2009/01 that high profile enforcement action lies at the forefront of its credible deterrence philosophy. In this briefing we look at the most significant points in relation to enforcement emerging from the Business Plan. 

10 February 2009

Payment Protection Insurance mis-selling

This article looks at the continuing menace of PPI mis-selling, the FSA's enforcement crackdown, and the legislative changes introduced by the Commission. Finally, we set out a checklist of issues that firms should turn their minds to when selling PPI.

25 November 2008

Know Your Enemy - Norwich Pharmacal orders

This article, written for Computers and Law, explores Norwich Pharmacal orders and their increasing relevance in helping claimants identify online wrongdoers.

02 June 2008

CAHA - Proposed Changes

In February 2006 the Railway Industry Dispute Resolution Committee (RIDR) sought suggestions from interested parties for amendments to the Claims Allocation and Handling Agreement (CAHA). On 14 May 2008 the RIDR Committee circulated its proposal for amending and updating the Agreement which it plans to consider implementing following a meeting on 2 July 2008.

28 August 2007

Major Projects - Challenging decisions not to designate: confirmation of cost compensation for major projects

The ORR’s recent ruling on ADP21 has provided useful guidance on what is a Major Project under Part D of the Network Code and when TOCs should challenge a failure by Network Rail to designate works as a Major Project.