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The Arbitration Scheme: resolving rent arrears in the wake of COVID-19
The Dispute Resolution Yearbook 2022
Travelling. Seamlessly. global mobility podcast series
Episode 4 - Overseas remote working: when does it create a taxable presence for the employer?
Travelling. Seamlessly. podcast series
Brexit: 1 year on - Episode 7: Services and data
International employment law podcast series - India
Jackson v Hayes & Jarvis: High Court rejects application for witnesses to give evidence remotely from Kenya
In this case, the High Court rejected the defendant's application for its expert and factual witnesses, who were both based in Kenya, to give evidence via video link, or for there to be a hybrid trial which the witnesses could attend remotely.
UK Government confirms significant Competition law reform: but when will the bark be followed by bite?
Following lengthy debate, the Government has published details of the way in which it will reform the UK competition law landscape. However, with many aspects requiring legislative change, it is as yet unclear when these will be given teeth. Our briefing discusses the key changes to the merger, markets and competition law regimes. We will comment separately on the overhaul of the consumer law regime.
One for the "To Do" list: Share Schemes Annual Returns!
International Employment podcast series
Milking it: rare success of failing firm defence in UK Phase 1 merger inquiry
At the end of March 2022, the UK Competition and Markets Authority (CMA) announced the unconditional clearance at Phase 1 of Freshways group's (Freshways) acquisition of the Medina group (Medina).
Travers Smith's Alternative Insights: Hedging interest rate risk
Podcast: Developing an ethical tax policy
What does the FCA's new Business Plan and Strategy mean for investigations and enforcement?
The Financial Conduct Authority ("FCA") has released its Annual Business Plan for 2022/2023, alongside a Strategy Document for 2022 to 2025. We discuss below what these two documents mean for its investigations and enforcement strategy going forward.
Tax Investigations Update - April 2022
Russia and Ukraine - issues for pension scheme trustees
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.