D&O and FI Newsletter - Autumn 2019 - DAC Beachcroft

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D&O and FI Newsletter - Autumn 2019

Published 14 noviembre 2019

Cyber- security related incidents frequently grab the news headlines but the NotPetya cyberattack in June 2017, the largest reported cyberattack in history, demonstrated the impact such attacks can have on otherwise unconnected businesses and organisations.

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Commercial allocations of liability in the international commodities trade

The international commodities market is a complex one. The Commercial Court has considered how to allocate liability within that market when it is disrupted by a fraudulent warehouse receipt. In essence, the court deferred to the way in which parties within the industry itself allocated risk as amongst themselves – an emergent order with which the court (sensibly) demurred to interfere.

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Climate change for senior managers - Deadline for PRA risk management compliance passes

Earlier this year, the Prudential Regulatory Authority (“PRA”) published a supervisory statement (SS3/19) entitled “Enhancing banks’ and insurers’ approaches to managing the financial risks from climate change”.

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 Are "claims made" policies legal in Peru?

The insurance industry in Peru experienced exponential growth between 2006 to 2016, expanding to be the sixth largest insurance market in Latin America by the end of 2016. The market did contract in 2017 and 2018, caused largely by the global financial crisis, but the market still remains key and continues to offer opportunities for growth.

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Class Actions in the English Courts - Update

While class-actions are not (yet) a recognised key feature of the English legal system, as they are in the US or Australia, pressure is growing in the UK to allow collective or group litigation case, which appear to favour consumers rights or help promote access to justice.
These recent decisions support this growing trend.
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Are SMEs leaving the door ajar allowing cyber-criminals to sneak in?

It has been well publicised that cyber-attacks have increased dramatically in recent years and that small and medium-sized enterprises (“SMEs”) in particular are vulnerable to such attacks.
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Class actions in Australia - NSW Court of Appeal clarifies approach to aggregation clauses

The application of an aggregation provision remains a very fact specific and inherently unpredictable exercise.
However, the appeal decision suggests that a typical ‘related wrongful acts’ aggregation provisions will almost inevitably lead to aggregation in a representative proceeding if it is properly brought.
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Authors

William Allison

William Allison

London - Walbrook

+44 (0) 20 7894 6440

Graham Ludlam

Graham Ludlam

London - Walbrook

+44 (0)20 7894 6442

Francesca Muscutt

Francesca Muscutt

London - Walbrook

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