Litigation Round-up June 2021

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.

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 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.

Although the new UK Bribery Act 2010 (the "Bribery Act") is similar in many respects to the existing anti-bribery provisions of the US Foreign Corrupt Practices Act of 1977 (as amended) ("FCPA"), overall, the Bribery Act is considered to be broader and more robust than the FCPA.

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

During a criminal investigation, there will often be a vast amount of information obtained and considered by the police. When charges are brought, the Crown Prosecution Service (CPS) may disclose some of this information as evidence, serving it as witness statements and exhibits.

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.

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.

The UK Government's Commercial Payments Bill is rapidly advancing toward becoming law, with the proposed ban on cash retentions in construction contracts now scheduled for third reading in October 2026.

The UK government has accelerated the implementation of new subscription contract regulations, moving the deadline from spring 2027 to January 2027. Businesses selling consumer subscriptions must now rapidly prepare for compliance with the Digital Markets, Competition and Consumers Act 2024, which introduces stringent requirements around pre-contract information, renewal reminders, cancellation methods, and cooling-off periods to prevent subscription traps.

The US FDA's Center for Devices and Radiological Health has published a discussion paper exploring how generative AI-enabled medical devices might be regulated, proposing a competency-based evaluation...

Recent ASA decisions highlight how AI-generated advertising content can perpetuate harmful gender stereotypes and offensive imagery, particularly through deepfake technology. As generative AI becomes increasingly prevalent in marketing campaigns, regulators are emphasizing that marketers remain fully responsible for ensuring their AI-generated content complies with advertising standards, regardless of the technology used to create it.

LGBTQ dating app Grindr has agreed to pay £26m to settle a group-action lawsuit alleging unlawful sharing of users' personal information, including HIV status, with third parties. This case highlights how data protection compliance extends beyond regulatory scrutiny to encompass substantial financial exposure from large-scale individual claims. The settlement raises important questions about third-party data sharing arrangements, consent mechanisms, and the handling of special category data under UK GD

The UK government has confirmed significant employment law reforms taking effect on 30 October 2026, including heightened sexual harassment prevention duties, new third-party harassment liability...

UK data privacy regulator, the ICO, has published the final version of its age appropriate design code (the Children's code).

The High Court has clarified the interaction between mental health crisis moratoriums under the Debt Respite Scheme and secured lending enforcement. When property security covers a company's debt rather than an individual's personal liability, receivers can proceed with sales despite the moratorium. This decision provides crucial guidance for insolvency practitioners and lenders navigating the complex intersection of mental health protections and security enforcement.

When parents separate, understanding how a child's wishes factor into living arrangements can be complex. English and Welsh law doesn't set a fixed age threshold for children to decide where they live...