For nearly three decades the UN has been bringing together almost every country on earth for climate change summits, or COPs (‘Conference of the Parties’), with COP26 being the 26th annual summit. Over that time, the subject has gone from being a peripheral matter to a global priority - with many believing it to be the world’s last real chance to get climate change under control.

In The Financial Conduct Authority v Carillion Plc, the High Court ruled that The Financial Conduct Authority (FCA) does not need the permission of the insolvency court to take regulatory action against a company in liquidation.

The Gambling Commission has recently launched its three-year plan to meet its mission to make gambling fairer and safer. It intends to do that by licensing and regulating in the public interest and providing advice and guidance to the Government during its review of the Gambling Act.

The Gambling Commission has issued a warning to Gambling operators that they will face the full consequences of regulatory failures even if breaches occurred prior to a change of control.

On 22nd December 2020, the Securities and Exchange Commission (SEC) announced that it had filed an action against Ripple Labs Inc, and two of its executives, alleging that they raised over $1.3 billion through the sale of digital assets, known as XRP, in breach of the Securities Act 1933. 

DAVIES & DAVIES ASSOCIATES LIMITED v STEVE WARD SERVICES (UK) LIMITED - 23rd April 2021

As of 10 January 2021, all cryptoasset firms are required to be registered with the Financial Conduct Authority (FCA) in order to adhere to the Money Laundering Regulations. 

72 people died in the Grenfell fire disaster. The causes of the deaths encompass a number of factors.

However, the impetus for the rapid spread of the fire was evidently the use of Celotex polyisocyanurate foam (banned in the United States) for insulation in the cladding panels, and the absence of fire breaks. The findings of the subsequent public inquiry make it plain that many more buildings are at risk. In response, the Government has made £3.5bn available to rectify the problem.

As with the rest of the digital age, gambling has dramatically evolved over the past 15 years and, in consideration of this, last month the Department for Digital, Culture, Media and Sport launched a review of the Gambling Act 2005. The Act requires all remote gambling operators to obtain a licence from the Gambling Commission to enable them to transact with British customers and advertise in Britain.

In Blackpool Borough Council v Volkerfitzpatrick Ltd and others [2020] EWHC 1523 (TCC), the Court handed down a decision highlighting the importance of properly defining your design life requirements.

In order to implement the Government’s social distancing rules the CLC has now issued new operating procedures for construction sites

Whilst the coronavirus outbreak has severely disrupted many projects, construction operations have not been suspended by Government and disputes in respect of them will continue to occur: indeed, the crisis may increase their incidence. Therefore, parties may wish to know whether they can still adjudicate.

Employers, contractors and subcontractors on existing projects will need to understand their rights and obligations in view of the problems caused by coronavirus.

Those problems are exacerbated by the Government’s current equivocal response to the crisis: construction operations are not (yet) prohibited, but have been rendered immeasurably more difficult. Contractors and subcontractors, in particular, will be looking to see whether the law can help.

Following a twelve week consultation undertaken by the Gambling Commission, it has announced that, as of 14th April 2020, gambling businesses are to be banned from allowing consumers to use credit cards to place bets.

The UK officially left the European Union (EU) on 31 January 2020 at 11pm, ending 47 years of membership.

The “transition period”, provided for by the Withdrawal Agreement Act 2020, applies from 1 February 2020 with a deadline for the transition to complete by 31 December 2020. During this time, the UK will continue to be subject to EU law while seeking to secure a permanent trading agreement. Although the status quo is maintained in the interim, so that the short term impact to business is limited, there are immediate changes.

Francovich damages are damages against an EU member state for failure to implement or breach EU law, as first defined in Francovich and Bonifaci v Italy. In the Court of Appeal case of Secretary of State for Transport v Arriva Rail East Midlands Ltd and others [2019] EWCA Civ 2259, the Court had to decide the applicable limitation period for the bringing of a Francovich claim: in this case, arising in respect of a public procurement process.

A common cause for dispute in commercial contracts is the termination, or threatened termination of the contract. Often, the party seeking to terminate the contract asserts the right to do so based on the counter-party’s breach of their obligations. There can be grave consequences for the terminating party if their view of the legal position is mistaken. This update covers the fundamentals of termination rights and how to navigate a safe exit from commercial contracts.

We are proud to announce that our CEO, Arianne King, has been announced as Acquisition International Magazine's "Most Influential Woman in Commercial Law -UK, 2019".

The award showcases Arianne’s exceptional skill and knowledge in her field. Since Costigan King (formerly trading as Al Bawardi Critchlow) launched in 2016, Arianne has taken a lead role in the strategic management and developmental growth of the firm.

The Hackitt Report into the Grenfell Tower disaster will have a lasting impact on the UK construction industry. Our managing partner, Arianne Elise King, explains how, to Build Magazine.

Whether practical completion (PC) has been achieved on a construction project is perhaps one of the most fertile grounds for dispute and has potentially wide-reaching implications.

Despite this, the term is used by lawyers and construction professionals so frequently, and with such conviction, as to defy anyone to debate its meaning. This norm may be considered surprising in light of the fact that the term is so rarely defined in construction contracts.