Investigations Round-up – November 2023

Over a series of short articles, I intend to examine ways in which legal advisers in the field of trusts and tax can methodically minimise risk in the way that they advise.

This comprehensive guide examines the procedural framework of LCIA arbitration from commencement through enforcement, analyzing strategic decisions at each stage including tribunal formation, document production, interim relief mechanisms, and cost allocation.

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.

That has changed and since 31 July 2020, it has been possible to raise group proceedings (also known as class or mass actions) in Scotland. This means that two or more people with the same...

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.

The Civil Justice Council has released its Final Report on AI use in court documents, proposing 15 recommendations that balance innovation with integrity in civil litigation. The report introduces differentiated disclosure requirements for witnesses versus experts, while maintaining existing professional duties for legal representatives in written advocacy.

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.

The decision makes it very clear that the consequences for lawyers who breach their professional obligations by misusing AI are likely to be serious.

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018.

The Chancellor of the Exchequer faces the formidable challenge of delivering his first Budget amid economic headwinds, geopolitical instability, and a wave of ambitious government promises. With GDP growth forecast at just 1.1%, inflation at 3.4%, and public sector net borrowing exceeding £115 billion, can he balance fiscal responsibility with pledges to avoid raising Income Tax, National Insurance, or VAT while funding increased defence spending and social care reforms?

The EU Cyber Resilience Act introduces mandatory vulnerability and incident reporting requirements for manufacturers of products with digital elements, effective September 2026. With tight 24-hour deadlines for initial reports and penalties reaching €15 million or 2.5% of global turnover, manufacturers must establish robust incident response procedures immediately.

This update provides a brief summary of some notable recent developments from an international sanctions perspective.

What employment and immigration law changes are coming in 2026 and 2027? From new unfair dismissal rights and extended tribunal time limits to enhanced harassment protections and trade union access requirements, this comprehensive guide maps out the key legislative reforms affecting UK employers and workers over the next two years.

From 2 August 2026, the EU AI Act requires businesses to disclose when people are interacting with AI systems, mark synthetic content for detection, label deepfakes, and inform individuals...

Cryptoasset firms face a rapidly evolving regulatory landscape as the FCA's authorisation gateway opens on 30 September 2026. With the Financial Services and Markets Act 2000 (Cryptoassets) (Miscellaneous Amendments) Regulations 2026 laid before Parliament and the FCA's finalised PERG 18 guidance published within 24 hours, firms must navigate significant perimeter changes including new stablecoin payment exclusions.

Complex new rules governing consumer subscription contracts in the UK are expected to come into force in Autumn 2026.

The OECD has updated its guidance on when remote working arrangements create a permanent establishment for tax purposes, introducing a new 50% threshold test and a 'commercial reason' analysis. These changes fundamentally alter how businesses must evaluate their cross-border home working policies and could result in unexpected tax obligations in jurisdictions where employees work remotely.

The European Parliament has published its negotiating position on SFDR 2.0, setting the stage for trilogue negotiations between the Commission, Parliament and Council. With the asset management industry hoping for relief from the complexities of SFDR 1.0, the Parliament's proposals claim to simplify the regime while maintaining credibility of sustainability-related investments.

Manchester City successfully challenged Premier League rules on Associated Party Transactions, winning key competition law arguments. Potential rule changes and future legal actions now loom, highlighting sports arbitration's growing significance.