Publications

From thought leadership pieces to basic training resources, our lawyers regularly produce leaflets, briefings, newsletters and brochures. Our aim is to help keep our clients ahead of the curve.

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Are e-moneys subject to a trust?
The Electronic Money Regulations 2011 (“EMR”) and the Payment Services Regulations 2017 (“PSR”) clearly intend that e-money institutions should keep client money separate and safe, but the Regulations do not expressly state that the money is subject to a trust. Whether a trust nonetheless arises and, if so, at what point, is something on which the courts have not yet reached a settled view.
Taking a simple approach to the question of indemnity
Two recent cases have resulted in different outcomes when the judges have sought to simplify the legal analysis.
Decision-makers, not lawyers, must drive the arbitration process
In recent years, the courts in England and Wales have exerted pressure on parties to engage in alternative dispute resolution (ADR) in respect of their proceedings. Typically, but not exclusively, this is a participation in consensual, but private, mediation. Indeed, in a speech last year, the Master of the Rolls, Sir Geoffrey Vos, made clear compulsory mediation was on the judicial agenda.
Has Brexit changed the appetite for London arbitrations?
One of the “known unknowns” about Brexit is the extent to which London courts will continue to be a forum for major commercial international dispute resolution. The London courts are recognised to have an independent judiciary, as well as a specialist commercial and business division used to dealing with international disputes and their effective and efficient disposal.
The Building Safety Bill
In our new article, we provide an overview of the new Building Safety Bill, highlighting some of the more important changes over the previous version. 
Charities Bill Update: Land Transactions
Those dealing with charity land will not be surprised that the topic of regulation of disposals of land split consultees to the 2017 Law Commission report “Technical Issues in Charity Law”. The Government’s response to the Law Commission is set out in the recently published Charities Bill 2021.
Business interruption insurance for Covid losses
On Friday 15 January 2021 the UK Supreme Court in the FCA Test Case gave the English Courts’ final ruling on whether certain types of insurance policy should pay out for Covid business losses.
Covid-19 and Insurance Issues: An Update
Much has happened in a week, and we now focus on updating and addressing other insurance issues relating to Covid-19 that are potentially of interest.
Insurance and contract issues arising from Covid-19
Here is a short note on some potentially relevant insurance issues that arise out of Covid-19 issues.
Insurers: sign-up to speedy justice
Shorter and flexible trial schemes - why aren’t insurers using them more?
Statutory Demands – An effective tool to collecting debts?
So, you are a small business and are owed £5,000 for unpaid invoices by a supplier. But you have received no response or any payment. Would sending a statutory demand be a useful tool for you to use to collect the debt?
Litigation Know How: Staying Ahead of the Game – Autumn 2019
Welcome to the latest edition of our Litigation Know How brief, prepared by the Devonshires' Litigation & Dispute Resolution team.