Directors of group companies – can a parent company director also be held a de facto director of the subsidiary company? By Graham Ludlam, Claimant law firms are working hard to develop routes for holding parent companies and their boards…
The UK’s Online Safety Bill: Watch out D&O Insurers! By Graham Ludlam, The OSB is the UK’s draft legislation for regulating online content…
ESG Decarbonisation in the Shipping Industry By Joanne Waters, The global shipping industry is said to produce around 2…
Watt Liability? Director’s personal liability as an accessory to company wrongdoing- Barclay-Watt v Alpha Panareti Public Limited and anor [2022] EWCA Civ 1169 By Graham Ludlam, A company was found liable to investors for its failure to advise of particular currency risks…
Liquidated damages in commercial health projects By Hamza Drabu, Carol Sumner, Liquidated damages (“LDs”) clauses are a common contractual feature in high value and/or complex…
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 evolving litigation risk for multinational companies By Graham Ludlam In the last 12 months, we have seen a marked increase in the number of shareholder claims that are…
Re JD Group Ltd [2022] EWHC 202 (Ch) (03 February 2022) By , Graham Ludlam A director has been found liable in the High Court for fraudulent trading as a result of failing to…
Transition from CCGs to ICBs - due diligence checklist By Charlotte Burnett, Sarah Foster, Once the Health and Care Bill 2021 receives royal assent, Clinical Commissioning Groups (CCGs) will…
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…
Corporate Criminal Liability – What potential law reforms could mean for D&O Insurers By Graham Ludlam, Christopher Dyke, Gareth Hall Later this year, the Law Commission (” LC ”) is expected to publish an assessment of the options to…
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? …
Leeds City Council & others -v- Barclays Bank Plc & another [2021] EWHC 363 (Comm) By Graham Ludlam, In this recent decision , the High Court considered how reliance, in a claim for…
Worked Examples – an integral part of a contract By Hamza Drabu, In a recent High Court decision (Altera Voyageur Production Ltd v Premier Oil E&P UK Ltd [2020]…
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…
Corporate Optimism - When a Puff is more than just hot air By Graham Ludlam In the US, courts have largely found statements of “puffery”, also described as “corporate…
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…
Emerging Technologies – the use of Robotics in surgical procedures By Hamza Drabu, Alison McAdams, Darryn Hale, The use of technology in the healthcare sector is rapidly expanding and continues to play a key…
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…
Commercial allocations of liability in the international commodities trade By Graham Ludlam, Julian Bubb Humfryes The international commodities market is a complex one…
Are SMEs leaving the door ajar allowing cyber-criminals to sneak in? By Graham Ludlam, Graham Briggs It has been well publicised that cyber-attacks have increased dramatically in recent years and that…
Popely v Popely By Graham Ludlam, The High Court has recently handed down judgment in a case that provides useful guidance on two…
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…
Court of Appeal rejects novel arguments raised by banking customer in mis-selling litigation against bank By Graham Ludlam, The recent Court of Appeal decision in Elite Property Holdings Ltd & Another v Barclays Bank…
DALAMD LIMITED V BUTTERWORTH SPENGLER COMMERCIAL LIMITED By Marcus Campbell, Graham Ludlam, Sarah Crowther In a policyholder's claim against brokers, what test should the court apply to causation when an…
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…
Guidance for drafting witness statements By Graham Ludlam A recent High Court decision in Autonomy Corp Ltd & Ors v Lynch & Anor [2018] EWHC 2105…
50 predictions: Directors’ & Officers’ and Financial Institutions By William Allison, Graham Ludlam Responsibility for artificial intelligence will fall on the board Rapid technological development…
Paradise Papers By Francesca Muscutt, Graham Ludlam The Paradise Papers leak in November was an investigation by the International Consortium of…
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…
FRC proposes new enforcement powers over all Directors and a consumer style "super-complaint" system for stakeholder action against Directors By Graham Ludlam
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…
The limits of privilege in corporate investigations By Graham Ludlam The ongoing RBS Rights Issue Litigation has produced a recent finding in relation to the scope of…
High Court refuses to intervene in conduct of SFO investigation By Graham Ludlam, Declan Finn In Soma Oil & Gas Ltd (“Soma”) v The Director of the Serious Fraud Office [2016] EWHC 2471…
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…
Supreme Court rejects claim against company director who failed to take out appropriate insurance By Declan Finn, Graham Ludlam Campbell v Peter Gordon Joiners Ltd (in liquidation) and another (2016) UKSC 38 considered whether…
Second Deferred Prosecution Agreement approved by the English Court demonstrates the value of Self Reporting By Jonathan Brogden, Graham Ludlam On 8 July 2016, Judgment was handed down in the case of the Serious Fraud Office v XYZ Limited…
Corporate Crime: Individual Accountability By Graham Ludlam In May 2016, Prime Minster David Cameron hosted the UK Government's first international…
English High Court approves first Deferred Prosecution Agreement By Graham Ludlam The English Court has approved its first Deferred Prosecution Agreement (“DPA”) in a case brought…
Dishonest Conduct Exclusion: When is it triggered? By Graham Ludlam Where an individual is prosecuted for offences involving dishonesty, the importance of cover for…
Sensible commercial settlements: Push for cover By Graham Ludlam Brokers are pushing for insurers to provide clarity that when an insured has an opportunity to…
Deferred prosecution agreements By Graham Ludlam The introduction of deferred prosecution agreements ("DPAs") earlier this year increases the risk…
JONES V ENVIRONCOM LTD By Graham Ludlam Published October 2011 Facts Environcom was engaged in the business of electrical waste…