Welcome to the latest edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.
The last quarter has seen a raft of interesting cases in the financial markets and crypto space, with the Supreme Court considering issues arising from an alleged breach by a bank of its Quincecare duty, a High Court decision in the long running Italian municipality swaps saga which pulls somewhat against what has gone before, and the Court of Appeal opening the door to the imposition of novel fiduciary duties on software developers who take on a role in relation to cryptocurrencies. We also consider below a number of cases raising interesting points of contractual construction, with the courts wrestling with the true construction of a force majeure clause, the meaning of an express contractual duty of good faith, and the perennial issue of whether a buyer has validly notified a seller of potential warranty claims under a notification provision in a Sale and Purchase Agreement. If that isn't enough to pique your interest, on the competition litigation front we continue to see a rise in creative collective proceedings applications in the Competition Appeal Tribunal, plus some interesting proposals emanating from the European Parliament on the regulation of litigation funding in the EU.
We hope that you continue to enjoy reading this round-up, whether a litigator by trade or a generalist, and whether in-house or in private practice, and that you will share it with any of your colleagues who may also find it useful.