November's Dispute Resolution UK Update - 2021
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Welcome to the November 2021 edition of our UK Dispute Resolution news round up.
This edition features key updates of news and case law which will impact in-house counsel in the UK. At the end of the newsletter you can find details of our upcoming events which we think might be of interest to you and your team. You will also find copies of all our articles together with other disputes related know how on Disputes+, our easy access disputes knowledge portal. Please click here to access Disputes+.
And please do get in touch if you would like to know more about any of the matters we have raised.
Technology and Communications
Technology Projects: Managing the Risks of Innovation and Change - Part 1
Customers in long-term technology projects can find that while they have been working towards their chosen solution, a more advanced, cheaper, or simply more desirable technology has become available. The benefits of switching solutions may be very significant, but exiting an existing agreement can be costly and complex, both legally and commercially. Since delays in technology projects are frequent and technological advancement shows no signs of slowing down, in this series of articles Jeremy Sharman, Roger Bickerstaff and Rachel Glass look at what customers and suppliers can do to mitigate the risks posed by technological advancement. In Part 1 the authors consider steps that can be taken at the contracting stage
By Jeremy Sharman, Roger Bickerstaff, Rachel Glass
Technology Projects: Managing the Risks of Innovation and Change - Part 2
In Part 2 the authors consider the life of the project, the steps that can be taken during the project, and when it becomes apparent that a change of technology and/or supplier will be sought.
Read the article here >
By Jeremy Sharman, Roger Bickerstaff, Rachel Glass
Technology Projects: Managing the Risks of Innovation and Change - Part 3
In Part 2 the authors consider contract reset and dispute resolution mechanisms that can assist with keeping a project on track.
By Jeremy Sharman, Roger Bickerstaff, Rachel Glass
Data Privacy
Positive news for data controllers in the muchanticipated Lloyd v Google Supreme Court judgment
By Bryony Hurst, Theo Rees-Bidder, Harry Arnold
The Contentious World of Data Privacy
In September we hosted a webinar considering the fast-evolving world of data privacy litigation in the UK and EU. Our panellists discussed trends both in regulatory enforcement disputes and in civil litigation arising out of data privacy matters, including the growth of group litigation in this area.
Along with our Bird & Bird speakers, we were delighted to be joined by external experts Rupert Paines, (Barrister, 11KBW), Stephen O’Dowd (Senior Director, Harbour Litigation Funding) and Mariano Delli Santi (Legal & Policy Officer, Open Rights Group).
Chairs:
Bryony Hurst, IDR Partner, Bird & Bird LLP, London
Ruth Boardman, Data Partner, Bird & Bird LLP, London
If you would like to watch the plenary panel discussion click here >
Procurement
The loss of a contract – the impact of reputational damage in procurement challenges
By Jeremy Sharman, George Lester-Pearson
Contract
Supreme Court clarifies Liquidated Damages in cases of Abandonment
By Rachel Glass
Bird & Bird's Dissecting Disputes Series: Force Majeure: How to Prepare for the Extraordinary
In the first webinar of our Dissecting Disputes Series we addressed the issue of ‘force majeure’ - a clause in contracts which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties occurs. The past year and a half has been anything but ordinary, so it was timely to address how businesses can protect themselves in times of uncertainty. During the webinar Victoria Hobbs, Jonathan Speed and Rachel Glass assessed what could be learnt from recent cases where ‘force majeure’ clauses were exercised; what can be done to protect yourself at the drafting stage; and what lessons businesses can learn from the pandemic.
If you are interested in viewing the recording of the session, it is now available to watch >
By Bryony Hurst, Chiara Horgan
Covid-19 & Business Interruption
Arbitrator dismisses latest COVID-19 related business interruption insurance claim
By Russell Williamson, Louise Lanzkron, Stephen Allen
Arbitration
Our London arbitration team led by Nick Peacock has had a very busy few months. Please find below a selection of the articles the team has produced since our last update:
- English court rejects jurisdiction challenge under section 67 of the Arbitration Act based on an alleged failure to comply with a pre-condition for mediation
- Approaches to Evidence across Legal Cultures in International Arbitration
- Hotel arbitration: What, why and how?
- 2020 at the LCIA and SIAC despite the pandemic
- English Court of Appeal finds that third parties may not rely on an arbitration award to which they were not a party in defence of restitutionary claim
- Arbitrator dismisses latest COVID-19 related business interruption insurance claim
If you would like to know more about our arbitration practice please click here >
Professional Negligence
By Jonathan Speed, Louise Lanzkron, Robert Rose
Future Events
Bird & Bird & Hot trends in arbitration impacting key sectors around the world
Please join us on 30 November at 4pm UK time for a live webinar to hear from our experts about the latest arbitration trends affecting key sectors around the world. This is essential for GCs at the contract drafting and litigation stages as well as anyone with an interest in international arbitration.
Our international team will be addressing key tips and trends such as:
- Getting the right arbitrator/forum/governing law – what to consider from a sector perspective
- Strategy is key - what to watch out for when inserting an arbitration clause in a contract
- The impact of increasingly complex tech contracts and rising fraud claims in arbitrations
- Creative enforcement tactics
Bird & Bird's International Arbitration Group is a cross-border, integrated team with an in-depth knowledge of arbitration as a dispute resolution mechanism and a comprehensive understanding of key industry sectors.
Don’t miss out on the opportunity to hear updates on Europe, the Middle
East, Africa, and Asia-Pacific and pose your own questions to our panellists!
