Court of Appeal reaffirms what constitutes a fair trial and potentially expands witnesses’ rights

On Monday 22 February 2021 the Court of Appeal handed down judgment, giving reasons for reversing the decision of the trial judge in the action (Marcus Smith J) not to grant an adjournment.

Related briefings

Court of Appeal upholds order regarding disclosure of custodians’ personal mobile phones and emails in competition claim

On 2 February 2021, the Court of Appeal upheld a disclosure order made by Roth J on 11 August 2020. Under the Order, various Defendants to competition proceedings brought by Phones 4u were ordered to write to senior current and former employees with a request that they grant access to their personal mobile phones and emails so that these can be searched for work-related communications that may fall within standard disclosure.

Court of Appeal overturns High Court’s refusal to sanction the transfer of Prudential’s annuity business to Rothesay

On 2 December 2020, the Court of Appeal overturned a decision by Snowden J in 2019 refusing to sanction the proposed transfer of c.£12.9bn in annuity liabilities from The Prudential Assurance Company Limited (PAC) to Rothesay Life (Rothesay). This is the first time the Court of Appeal has considered the approach the court should adopt in dealing with applications to sanction transfers of insurance business under Part VII of the Financial Services and Markets Act 2000 (FSMA).

Truck cartelists’ appeal on preliminary issue dismissed

On 19 July 2016 the European Commission decided that a number of truck manufacturers had infringed competition rules by collusive arrangements on pricing and gross price increases in the EEA for medium and heavy trucks, and on the timing and the passing on of costs for the introduction of mandatory emission technologies.

Latest Briefings

Who should pay for fire safety building remediation costs?

In December 2020, we reported on the vote by the House of Lords on amendments to the Fire Safety Bill relating to the remediation costs associated with the replacement of the dangerous cladding panels and other fire safety defects. Both the Fire Safety Bill and the Building Safety Bill are anticipated to come into effect early this year.

‘Diversity is a given, Inclusion is a choice’ – actionable ideas

In our 3rd blog in the series, ‘Diversity is given, Inclusion is a choice’, Annelieke Jense and Frouke Horstmann provide practical ways based on their experience working with clients on how organisations can create a true inclusive culture by installing processes that mitigate unconscious biases.


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