Corporations must be alive to the growing threat of climate litigation By Laura Berry, Simon Konsta, Francesca Muscutt ESG, and particularly climate change, is now undeniably an essential plank of corporate business…
Credit Suisse emergency rescue – lawsuits threatened after USD 17 billion Co-Co writedown By William Allison, Francesca Muscutt Following weeks of turmoil within Credit Suisse, which saw a massive fall in share prices and…
An accountant’s right to withhold client papers while fees remain unpaid – common sense must prevail when exercising the lien By Francesca Muscutt, The accountant’s lien can provide leverage in fee negotiations where a client refuses to pay…
Claims against UK-parent companies – a growing trend in environmental damage and human rights abuse claims By Francesca Muscutt ESG litigation is being used to drive forward strategic and operational changes in corporate…
Municipio de Mariana v BHP Group (UK) Ltd By Duncan Strachan, Francesca Muscutt, Brazilian compensation scheme is no barrier to English proceedings - Court of Appeal allows Fundão…
Accountancy Newsletter July 2022 By Richard Highley, , Naomi Park, Kevin Hawthorn, Hannah Gregory, Rebecca Smith, , Francesca Muscutt, DAC Beachcroft's Accountancy Newsletter features topical news and insights for our clients and…
Wiseman v HMRC – a reminder of the limitations of Legal Advice Privilege in regulatory proceedings By , Francesca Muscutt Accountancy firms facing regulatory investigation need to be very clear about what communications…
D&O and FI Newsletter - Spring 2022 By Francesca Muscutt, Graham Ludlam, William Allison DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
The Quincecare Duty: What will 2022 bring? By Francesca Muscutt, With three appeal hearings in 2022, the Quincecare duty is firmly under the spotlight this year and…
D&O and FI Newsletter - Autumn 2021 By Francesca Muscutt, Graham Ludlam, William Allison DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
Accountancy Newsletter - July 2021 By Richard Highley, Naomi Park, Francesca Muscutt, Christopher Dyke, , Rebecca Smith, Kevin Hawthorn, Giles Hindle, Christopher Wall Breaking the Mountaineer’s Knee: Supreme Court establishes “purpose test” to assess the scope of an…
Accountancy Experts – the importance of objectivity, relevant expertise and operating on a level playing field By Francesca Muscutt Professional expert witnesses provide an important role in litigation; they assist the court by…
GC Collective – Horizon Scanner – Summer 2021 By Ben Daniels, Francesca Muscutt DAC Beachcroft's GC Horizon Scanner is a selection of legal and regulatory developments that we…
D&O and FI Newsletter - Spring 2021 By William Allison, Graham Ludlam, Francesca Muscutt NatWest’s dirty laundry: will the directors be hung out to dry? …
Tesco Shareholder Litigation settles: a sign of the complexities of bringing securities class actions under s90A FSMA? By Graham Ludlam, Francesca Muscutt, William Naylor October 2020 was all set for the first ever trial of claims brought by shareholder groups under…
Quincecare Duty and Dishonest Assistance – High Court provides guidance on novel quantum argument By Francesca Muscutt, In recent years there have been a number of claims brought against financial institutions alleging…
Accountants: no duty of care or fiduciary duty owed where professional had not assumed duty and was clearly acting for other party By Francesca Muscutt, Carmela de Sena (1) Meltor Developments Ltd (2) v Joseph Notaro (1) S Notaro Group Ltd (2) Bishop…
The Corporate Insolvency and Governance Act is now in force with measures to assist struggling businesses By Francesca Muscutt, Kevin Hawthorn The Corporate Insolvency and Governance Act 2020 came into force on 26 June bringing in measures to…
Duty of care owed to overseas whistleblower By Francesca Muscutt Rihan v Ernst & Young Global Limited and others In this interesting case, a UK parent…
D&O Insurance and the COVID-19 pandemic – claims and considerations for underwriters By William Allison, Francesca Muscutt At a time when pandemic-related D&O claims are already being filed in the US courts, should the…
SAAMCO principles remain a complex area of law – how does it apply to a claim based on alleged audit negligence? By Francesca Muscutt, BTI 2014 LLC v PWC [2019] EWHC 3034 (Ch) An audit report certifies that the financial statements…
FRC consults on proposals to revise ISA standards for identifying and assessing risks of material misstatement By Francesca Muscutt The FRC is consulting on proposals to revise International Standard on Auditing (UK) 315 –…
The Court of Appeal rejects appeal in the UK’s first Unexplained Wealth Order By Francesca Muscutt In the first Unexplained Wealth Order (UWO) case to be challenged in the English courts, the Court…
D&O and FI newsletter - Spring 2020 By William Allison, Graham Ludlam, Francesca Muscutt There is now a “dominant purpose” test for legal advice privilege – some practical points in the…
GC Horizon Scanner - Winter 2019 By Ben Daniels, Francesca Muscutt DAC Beachcroft's GC Horizon Scanner is a selection of legal and regulatory developments that we…
D&O and FI Newsletter - Autumn 2019 By William Allison, Graham Ludlam, Francesca Muscutt FedEx securities class action following the NotPetya cyberattack - implications for D&O…
FedEx securities class action following the NotPetya cyberattack – implications for D&O insurance By Francesca Muscutt Cyber-security related incidents frequently grab the news headlines but the NotPetya cyberattack in…
Class Actions in the English Courts – Update By William Allison, Francesca Muscutt While class-actions are not (yet) a recognised key feature of the English legal system, as they are…
Accountancy newsletter - July 2019 By Richard Highley, Kevin Hawthorn, Francesca Muscutt DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Notification of Circumstances under a Professional Indemnity policy – the Court of Appeal clarifies the scope and effect of a “hornet’s nest” notification By Francesca Muscutt The recent Court of Appeal decision in Euro Pools Plc (In Administration) v Royal Sun Alliance Plc…
HMRC to be reinstated as “preferential creditor” By Kevin Hawthorn, Francesca Muscutt Following a recent government consultation, new draft legislation is expected this summer which…
LatAm Newsletter - July 2019 By Richard Highley, Kevin Hawthorn, Francesca Muscutt Tendencias en la Argentina en materia de la oponibilidad de deducibles y sumas aseguradas en…
GC Horizon Scanner - Summer 2019 By Ben Daniels, Francesca Muscutt DAC Beachcroft's GC Horizon Scanner is a selection of legal and regulatory developments that we…
SPA disputes and W&I Insurance: Guidance on contractual notification clauses, fair disclosure and calculating damages By Richard Highley, Francesca Muscutt 116 Cardamon Limited v MacAlister [2019] EWHC 1200 (15 May 2019) This recent English High Court…
Class Actions in the English Courts - Update By Francesca Muscutt, Graham Ludlam There have been two interesting recent decisions in the English courts which cast an interesting…
Accountancy Newsletter March 2019 By Richard Highley, Giles Hindle, Naomi Park, Julian Bubb Humfryes, Francesca Muscutt, Tim Ryan, , Rebecca Smith, Suzanne Wharton DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
Burgess v Lejonvarn (round 3) - Professional not negligent in mates rate decision By Francesca Muscutt Professionals who provide professional services gratuitously and without a contract owe a duty of…
The Disclosure Pilot Scheme - implications for professional defendants By Richard Highley, Francesca Muscutt On 1 January 2019, a two year disclosure pilot came into effect in the Business and Property Courts…
Surrogacy costs for claims involving infertility as a result of clinical negligence - XX v Whittington Hospital NHS Trust By Until the Court of Appeal's decision in XX v Whittington Hospital NHS Trust, claimants who had…
Directors and Officers and Financial Institutions - Autumn 2018 By William Allison, Graham Ludlam, Francesca Muscutt DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
Can claimant's ATE insurance resist a professional's application for security for costs? By Francesca Muscutt Accountants and other professional advisers, forced into defending weak or speculative claims in…
Collective redress takes another step forward By Francesca Muscutt More than two years on since English law introduced opt-out collective actions for infringements of…
A favourable decision on litigation privilege and regulatory investigation - ENRC reconsidered in Bilta By Richard Highley, Francesca Muscutt In the recent decision of Bilta (UK) Ltd (in Liquidation) v RBS , the English High Court revisited…
Accountancy Newsletter March 2018 By Richard Highley, Francesca Muscutt, Suzanne Wharton, Naomi Park, Christopher Stoate DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
A favourable decision on litigation privilege and regulatory investigation - ENRC reconsidered in Bilta By Richard Highley, Francesca Muscutt In the recent decision of Bilta (UK) Ltd (in Liquidation) v RBS , the English High Court revisited…
Mediate or face cost consequences – is this still the court’s approach? By Francesca Muscutt Parties cannot be compelled to use an Alternative Dispute Resolution (ADR) procedure such as…
Paradise Papers By Francesca Muscutt, Graham Ludlam The Paradise Papers leak in November was an investigation by the International Consortium of…
Accountancy Newsletter October 2017 By Richard Highley, Ross Risby, Suzanne Wharton, Francesca Muscutt, William Naylor, Jade Kowalski DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
GDPR: how accountancy firms can prepare for the enhanced regime By Francesca Muscutt, Jade Kowalski Data protection law in the UK is set for a radical overhaul in 2018 and accountancy firms should be…
D&O and FI Newsletter - Spring 2017 By Patrick Hill, William Naylor, Marcus Campbell, Francesca Muscutt, Graham Ludlam, Declan Finn, Sarah Crowther DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
Accountancy Newsletter February 2017 By Richard Highley, Ross Risby, Suzanne Wharton, Naomi Park, Francesca Muscutt, Rebecca Smith DAC Beachcroft's Accountancy newsletter features topical news and insights for our clients and…
The Court of Appeal reviews the Loss of Chance doctrine By Richard Highley, Francesca Muscutt The Court of Appeal has reviewed the loss of chance doctrine in two recent decisions…
RBS, regulatory investigations and a narrow application of legal advice privilege: the risks for accountancy firms and corporations By Francesca Muscutt The limits of privilege in corporate investigations In a recent decision in the ongoing RBS…
D&O and Financial Institutions Newsletter - Winter 2017 By William Allison, Pippa Ellis, Richard Highley, Francesca Muscutt, Declan Finn, Graham Ludlam, Anthony Menzies, Jonathan Brogden DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
D&O and Financial Institutions Newsletter - Autumn 2016 By William Allison, Pippa Ellis, Richard Highley, Francesca Muscutt, Declan Finn, Graham Ludlam DAC Beachcroft's D&O and FI newsletter features topical issues for our global clients and…
Litigation funder backs UK collective action against MasterCard By William Allison, Francesca Muscutt MasterCard faces a £14 billion claim in the second action filed under the new Consumer Rights Act…
Banking & Finance Disputes Journal - June 2016 By Jonathan Brogden, Pippa Ellis, Francesca Muscutt DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the…
Contractual interpretation and penalties in the Financial List By Francesca Muscutt, Jonathan Brogden Hayfin Opal Luxco 3 SARL & Anor v Windermere VII CMBS plc & Ors
Judge in Financial List dismisses application to strike out parts of misselling and LIBOR manipulation claim By Francesca Muscutt, Jonathan Brogden Diane & Michael Hockin/Lonwest V Royal Bank of Scotland plc and National Westminster Bank plc…
New offence of "Reckless management of a bank" comes into force By Francesca Muscutt Implemented in stages, the Financial Service (Banking Reform) Act 2013 has enabled HM Treasury to…
Accountancy Newsletter March 2016 By Richard Highley, Francesca Muscutt, Kevin Hawthorn, Giles Hindle, Martin Langley, Naomi Park, Suzanne Wharton, Ross Risby, Julian Miller FRC set to gain new powers in June The accountancy regulator, the Financial Reporting…
