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Russia and Ukraine - issues for pension scheme trustees

The Russian invasion of Ukraine presents issues for pension scheme trustees to consider. Alongside clear implications regarding investments and the need to comply with sanctions, these may include questions about covenant, funding, cyber security and scam risks.

This briefing addresses the issues most likely to arise, some of which are also noted by the Pensions Regulator in its guidance.

Court of Appeal confirms scope of banks' duty to take reasonable care to protect their customers from fraud: Philipp v Barclays Bank UK PLC & Anor [2022] EWCA Civ 318

The Court of Appeal's recent decision sheds significant light on banks' liability for failing to exercise reasonable skill and care in executing the instructions of their customers. Reversing the ruling of the High Court, the Court of Appeal made clear that the "Quincecare duty" arises not only when it is the customer's agent who fraudulently instructs the bank to transfer the customer's money, but can also arise when the customer themselves, as the victim of a fraud, instructs the bank to do so. The Court of Appeal overturned the summary judgment in the bank's favour, and remitted the case to the High Court for trial. The question of what measures the bank should have had in place to prevent a fraud of this kind can only be determined at trial.

Sustainability and competition law: EU and UK partial 'green' light

With COP 26 still fresh in the memories of lawmakers, and both the European Green Deal and UK Government's 'Net Zero Strategy' setting the goal of being climate-neutral by 2050, it is no surprise that competition law is having to examine its interaction with the environmental, social and governance (ESG) agenda.

Suppipat v Siam Bank: privilege across jurisdictions

"It does not follow that documents obtained lawfully in one jurisdiction are available for use in litigation in another."  The High Court confirms in Suppipat v Siam Bank [2022] EWHC 381 (Comm) that, where documents obtained in litigation outside the jurisdiction are proposed to be put in use by a party to English proceedings, English law, as the lex fori, will determine the questions of loss of privilege and confidentiality.

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