Practice points

The Law Commission is seeking to maintain the status of England and Wales as a leading destination for commercial arbitration, announcing a review of the Arbitration Act 1996 (the Act). The announcement suggests that recent reforms in rival jurisdictions have prompted the drive to ensure the Act remains internationally competitive and up to date. The review aims to maintain the pre-eminence of English law as a choice of law in international agreements and for England and Wales to…

The role of competition law, consumer protection and sector regulation in driving economic growth while delivering on broader public policy objectives is high on the political agenda. Companies operating across borders are experiencing a wave of regulatory developments, driven largely by geopolitics, issues raised by digitisation, and changing consumer and societal expectations – a trend which has been accelerated by the pandemic. Governments and regulators are intervening more actively in markets to promote a wider…

Last November, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System (FRB), and the Office of the Comptroller of the Currency (OCC) (the ‘agencies’) issued a ‘Joint Statement on Crypto-Asset Policy Sprint Initiative and Next Steps’. The joint statement is the culmination of recent interagency policy sprints focused on cryptoassets, in which the agencies concluded that ‘public clarity’ (that is, regulation) is warranted in a number of areas. The joint…

England is an ideal international destination for dispute resolution due to its long-established and well-respected legal system, which recognises parties’ freedom to contract and is supportive of arbitration and commerce. English law is based on well-founded principles, is transparent and provides predictability of outcome, legal certainty and fairness whilst also being flexible and responsive to the ever-changing world. As well as a long-established legal system, England also benefits from English being the global language of…

As law firms look to the year ahead, what key developments will be appearing on the regulatory horizon? We have identified five key areas. 1. Fine time: The Solicitors Regulation Authority is looking to finally beef up its fining powers. The maximum fine it can currently impose on traditional law firms or individual lawyers is just £2,000 – and so anything that warrants a higher financial penalty must be sent on to the Solicitors Disciplinary Tribunal….

‘Democracy doesn’t start and end at the ballot box. The right to protest is part of our history, our democracy, our constitution and the rule of law… Protest is not a departure from democracy, it is absolutely essential to it.’ The words of Tom Wainwright, the barrister for Milo Ponsford, when addressing the jury may prove to be even more important in the future, given the continuing controversy over the acquittals of the ‘Colston Four’….