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The new FCA Consumer Duty: a higher standard, better culture and good outcomes

The FCA has now published PS22/9, its policy statement on a new Consumer Duty. This sets out feedback to the December 2021 consultation paper (which we covered in our New Year Briefing), and the final rules. Alongside the new rules, the FCA has also published FG22/5, final non-Handbook Guidance for firms on the Consumer Duty (Finalised Guidance). Potentially, a great many firms will be in scope and this will include some firms which would not consider themselves "retail".

Release of the white elephant? Court of Appeal opens the door to £5bn multi-jurisdictional group litigation

On 8 July 2022, the Court of Appeal handed down its long-awaited judgment in the Municipio De Mariana group litigation claim, granting permission for some 200,000 Brazilian claimants to pursue in the UK their group action for damages caused by the collapse of the Fundão Dam in Brazil in 2015.

Brexit vs cost of living: a key challenge for UK's new PM

Whether it's the Northern Ireland Protocol or what to do about retained EU law, numerous Brexit-related issues continue to lurk in the new Prime Minister's in-tray. A key challenge will be how and where to strike the balance between the urgent need for measures to tackle the cost of living crisis and political pressure for action on Brexit-related issues raised during the leadership campaign. 

The Court of Appeal confirms a single correct test for granting a case management stay

In a case involving an exclusive jurisdiction clause for the English courts and parallel criminal proceedings in the Vatican, the Court of Appeal has confirmed that there is a single correct test for granting a case management stay. The relevant question for the Court is "whether in the particular circumstances it is in the interests of justice for a case management stay to be granted".

When will a confidentiality obligation owed to a third party trump a disclosure obligation in English proceedings?

The recent judgment of the High Court in Palladian Partners & Ors v The Republic of Argentina & Anor [2022] EWHC 2059 (Comm) provides an interesting insight into the factors that will be weighed by the court in determining whether a confidentiality obligation owed to a third party should obviate the need for a party to provide inspection of relevant documents in English litigation.

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