INSIGHTS

For most businesses, the decision to litigate is rarely just about whether a claim exists. The more important question is whether issuing proceedings will improve the client’s commercial position. That assessment requires more than a view on legal merits. It involves timing, leverage, cost, enforceability, reputation and the practical realities of the counterparty’s conduct.

From 29th July 2026, a new Gambling Commission licence condition concerning non-compliant gaming machines comes into force.

Licence Condition 18.1.1 gives the Commission a clearer mechanism for requiring operators to stop using gaming machines that do not comply with licensing or technical requirements.

Online gambling operators in Great Britain face an increasingly exacting regulatory landscape. Holding a Gambling Commission licence requires more than documented policies. Operators must be able to evidence that controls are effective in practice, embedded in day-to-day operations and reviewed regularly for continued suitability.

It is in moments of crisis that professional advisers get the chance to show their true value to their clients, and a complex dispute is a crisis. When the stakes are high, the timetable compressed, and internal resource stretched, clients most value advisers who combine legal excellence with commercial awareness, clarity of thought and expression, and calm execution. The best litigation and investigations teams operate as an extension of the business, aligning strategy to effective outcomes: protecting enterprise value, preserving relationships, minimising risk, and maintaining operational resilience.

Construction projects begin with a clear vision. Disputes arise when expectations, paperwork, and the realities on site fall out of step. Most problems cluster around three themes: who pays what and when, whether the works finish on time, and whether the finished site meets the agreed standard. Getting the basics right early prevents small issues turning into costly disputes.

When a dispute arises, the immediate question is often whether to settle or fight. In practice, the better question is: which route best protects the business, having regard to risk, cost, timing, commercial relationships and the likelihood of recovery?

Technology agreements have shifted considerably over the past decade. What were once relatively straightforward licence arrangements have evolved into dense SaaS terms that many businesses accept with limited scrutiny. The rise of artificial intelligence introduces a further layer of complexity. Unlike traditional software, AI systems bring uncertainty in outputs, questions around data provenance, and a rapidly developing regulatory landscape.

Technology partnerships are central to how UK businesses innovate, scale, and compete. Whether the relationship involves software development, cloud services, data-sharing, AI integration, platform licensing, or managed IT services, the structure of the commercial agreement determines not only the immediate deliverables but the long-term value both parties can extract.

The Gambling Commission is exploring a potential pathway for licensed operators to accept cryptocurrency as a payment method representing a significant policy development.

There has never been an express statutory prohibition on the use of cryptocurrency in UK-licensed gambling. However, the practical position has long been clear. The expectations around anti-money laundering controls, source of funds verification and consumer protection have made the acceptance of cryptocurrency operationally and regulatorily challenging for most licensees.

The phased implementation of the Economic Crime and Corporate Transparency Act 2023 (ECCTA) has seen the most radical redefining of its purpose in the whole 180-year history of Companies House. Its role is transitioning from that of a “library” to one effectively of a regulator, empowered to patrol, verify, challenge and cross‑check the information underpinning UK plc. The implications for companies, their advisers and the broader commercial environment are significant, and go far beyond mere compliance.

Minority shareholders in private companies incorporated in England & Wales – whether founders diluted during funding rounds, passive investors, or management shareholders – can often find themselves powerless to prevent actions being taken that apparently prejudice their interests. However, while the Companies Act 2006 confers significant control on majority shareholders, minority interests are not without protection. English law provides a robust framework of statutory and common-law remedies designed to prevent abuse, ensure equitable treatment, and address breaches of rights.

As the Autumn Budget approaches, gaming operators are preparing for what may be one of the most challenging fiscal and regulatory moments in recent years. With the Treasury under pressure to raise revenue quickly, gambling duties appear firmly in the Government’s sights. At the same time, the sector is already deep into the implementation phase of the Gambling Act white paper reforms.

Artificial Intelligence is transforming the gaming and gambling sectors — enhancing user experience, streamlining operations, and enabling more sophisticated compliance tools. Yet with these opportunities come heightened legal and ethical responsibilities. Courts and regulators across jurisdictions are setting clearer and more demanding standards around consent, fairness, transparency, and player protection.

AI is now firmly embedded in business operations across multiple sectors, influencing customer engagement, risk management, and decision-making. As adoption grows, regulatory scrutiny is intensifying. Frameworks such as the European Union’s General-Purpose AI Code of Practice (GPAI Code), published in July 2025, promote responsible, transparent, and lawful AI use — offering early adopters both a compliance tool and a commercial edge.

The gambling industry has long relied on white-label arrangements and for many businesses, they can offer a quick and relatively cost-efficient way to enter the market under an established licence.

But what happens when something goes wrong? Whether it’s anti-money laundering failures, misleading advertising, or customer complaints — who is liable: the white-label partner, or the licence holder?

The Government’s consultation marks the most ambitious attempt in decades to reform payment in construction. These developments herald substantial change in contract drafting, advisory practice, and dispute resolution. The reforms may carry costs and risks, but they represent a determined attempt to resolve problems that have dogged construction for generations.

Registering a trade mark is only the first step. Once registered, the proprietor enjoys the exclusive right to use the mark in relation to the goods and services for which it is registered (s9, Trade Marks Act 1994 (“TMA 1994”)). Unauthorised use by third parties can amount to infringement, and the TMA sets out a structured framework for identifying when infringement has occurred.

Section 10 of the Act defines three main types of infringement. These largely mirror the relative grounds of refusal under section 5, but they apply after registration and are enforceable by the proprietor.

Company directors hold a pivotal role in steering corporate strategy and ensuring legal compliance. However, with this power comes a framework of statutory duties and legal checks and balances designed to prevent directors from acting beyond their authority and to ensure they act in the best interests of the company and its shareholders.

With the introduction of the Casinos (Gaming Machines and Mandatory Conditions) Regulations 2025, operators face a much tighter regulatory regime—bringing gaming machine standards in line with the expectations long imposed on remote gambling. This isn’t just a compliance update—it’s a cultural shift toward greater transparency, oversight, and player protection.

The recent wave of litigation targeting major AI players like OpenAI, Microsoft, and Stability AI has brought one issue to the forefront: the legality of using scraped data to train generative models. The New York Times lawsuit against OpenAI and Microsoft alleges wholesale reproduction of its copyrighted content without consent, while Getty Images v. Stability AI raises the alarm over unauthorised image scraping. Nvidia, too, is facing questions around whether its data collection practices may violate copyright or data protection standards.

Many UK-based AI companies are left asking: What is permissible under current law? The answers are nuanced.

Operating a remote casino in the UK requires careful navigation of a highly regulated and evolving legal landscape. With increasing emphasis on regulatory enforcement and responsible gambling, operators must ensure that their licensing and compliance practices meet the latest standards set by the Gambling Commission.

A new Practice Note for the Commercial Court and London Circuit Commercial Court was issued on 6 June 2025. This Practice Note raises the value thresholds at which cases will generally be transferred out of the Commercial Court to the London Circuit Commercial Court and the County Court.

The changes reflect a concerted effort to manage judicial resources more efficiently, ensuring that the Commercial Courts can focus on the most complex and high-value cases.

There is a growing issue of adjudicator fees in construction disputes, highlighting concerns around proportionality and fairness. Court of Appeal decisions — Systech v PC Harrington and Steve Ward Services v Davies — take contrasting approaches to whether adjudicators are entitled to fees in different circumstances. Julian Critchlow offers practical insights for legal professionals, contractors, and referring parties navigating adjudication processes.

When commercial relationships break down, the critical question for leadership is often the same: do we settle — or do we fight? In 2025, this decision carries more complexity than ever before. Courts expect early engagement. Litigation costs are rising. And the scrutiny from investors, regulators and the media is more intense.

The rapid evolution of payment methods spurred by digital innovation, consumer demand and changing financial infrastructure has had profound implications for the gaming and betting industry. Operators are increasingly exploring new payment methods, including digital wallets, open banking solutions, Buy Now Pay Later (BNPL) offerings, and cryptocurrency. However, each payment method brings with it distinct regulatory, compliance and reputational risks.

Often, the value of a brand can rival or surpass that of physical assets. A well-protected brand may confer significant commercial advantages by enhancing consumer trust and creating enduring recognition in oversaturated markets. Trade mark registration is one of the most effective legal tools available to secure brand. Below, we outline the key principles of trade mark registration in the UK and the legal framework under the Trade Marks Act 1994 (as amended) ("TMA 1994/ the Act").

As the use of third-party funding becomes increasingly embedded in the practice of arbitration and other forms of alternative dispute resolution (ADR), the Chartered Institute of Arbitrators (Ciarb) has released its Proposed Guideline on Third-Party Funding (Proposed Guideline).

The Proposed Guideline, which is open for public comment until 17 June 2025, represents a much-needed opportunity to bring clarity and structure to a complex and evolving area of practice.