Impact of Brexit on applicable law in cross-border insolvencies

    From 31 December 2020, the European Regulation on Insolvency Proceedings (the “EIR”) ceased to apply in the UK. As a result: The EIR provides the rules for when the law of the place in which the insolvency proceedings have been opened can be supplanted by another law, but only that of a member state. The … Read more

    High Court considers where cryptocurrencies are located and compels disclosure of information by cryptocurrency exchanges outside the UK

    On 22 December 2020, the High Court ruled on an ex parte interim application involving allegations of fraud in relation to a cryptocurrency initial coin offering (ICO). An ICO, similar to an initial public offering or IPO, is a fund-raising exercise but which seeks to raise finance through the creation of a cryptocurrency or cryptographic … Read more

    The evolution of class actions in South Africa

    In an article published on our global class actions hub, Jonathan Ripley-Evans and Fiorella Noriega del Valle of our Johannesburg office consider the process for certification of class actions in South Africa and the significant hurdles involved, as illustrated by the South African High Court’s refusal to certify a shareholder class action against a company’s … Read more

    Drafting contracts – key lessons from 2020

    This annual contract law update from our corporate team considers a number of interesting contract law cases from 2020 which highlighted key points for those involved in drafting or managing contracts. The cases chosen deal with formation, variation, interpretation, good faith, force majeure and notice provisions. In each case there is a brief summary of the … Read more

    Court of Appeal orders defendants to request their employees and ex-employees to produce personal devices for inspection to identify documents in defendants’ control

    The Court of Appeal has upheld a decision that, where personal devices belonging to the defendants’ employees and ex-employees potentially contained relevant documents within the defendants’ “control” for the purposes of disclosure, the court had jurisdiction to order the defendants to request the employees and ex-employees to deliver up those devices for inspection by the … Read more