This is the 33rd episode of our series of commercial litigation update podcasts. In this episode we give updates on the anticipated pilot on public access to court documents, two consultations relating to class actions and high-volume claims, and the Singapore Convention on international mediated settlements. We also discuss a couple of recent Court of Appeal decisions on contract law issues and the Supreme Court's decision in the motor finance commission appeal This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Natasha Johnson, a disputes partner, and Ceri Morgan, a knowledge counsel in our banking litigation team.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

• Solicitors Regulation Authority reviews high-volume consumer claims sector
• Ministry of Justice consults on implementation of Singapore Convention on international mediated settlements
• Court of Appeal confirms court has no jurisdiction despite English jurisdiction clauses as defendants were not parties to relevant contracts as undisclosed principals
• Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement
• Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms

See podcast episode transcript here.

In this "Back to school" edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. Together, they discuss recent developments in the duty to consult in the cases of Liberty and Possible (The 10:10 Foundation) before delving into human rights challenges in Shvidler and Wikimedia Foundation. To conclude, they explore judicial approaches in complex areas and reflect on the balance between discretion and accountability in high policy contexts.

Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).

You can find out more about the cases covered in this podcast on our blog at the following links:

Another twist in the consultation case law – so just what is a consultation?

Challenges to the Jet Zero Strategy grounded as Administrative Court dismisses claims based on consultation and policy concerns

Supreme Court decides on the correct standard of review for proportionality

High Court dismisses Wikimedia’s challenge to Online Safety Act thresholds—but leaves the door open for future challenges

High Court gives guidance on regulator's interpretation of legislation and codes

Procedural flaw under the National Security and Investment Act regime insufficient to invalidate decision

Marina Reason and Chris Hurn discuss the FCA's proposals for regulating cryptoasset custody, set out in chapter 4 of consultation paper 25/14. This is our second podcast considering CP25/14: we unpacked the FCA's proposals on issuing qualifying stablecoins in our podcast "Decrypting the FCA stablecoin rules". We also examined CP25/15, the FCA's proposed new prudential regime for cryptoasset firms, in our podcast "Decoding the FCA crypto capital rules". These FCA consultations followed publication by HM Treasury of near-final draft legislation to create new regulated activities for cryptoassets, and an FCA discussion paper (DP25/1) on regulating cryptoassets, We discussed these developments in our podcast on "The Top 3 takeaways from the new crypto rules" - and our related blog post.

Today we’re diving into a question that’s becoming increasingly relevant for corporates globally: What happens if …you’re faced with a sanctions issue and need to investigate? Join Partner Leon Chung, Senior Associate Cynthianna Yau and Solicitor Kayla Laird as they explore this frontline issue for legal and compliance teams to understand the sanctions framework as they manage international transactions, supply chains, or service agreements.

This podcast explores the impact of minimum energy efficiency standard (MEES) on commercial leases in the logistics sector, including rent review, lease renewals and dilapidation claims.

Speakers: Julia Petrenko, Barrister, Falcon Chambers, Seb Taylor, Partner, HSF Kramer and Matthew Weal, Senior Associate, HSF Kramer

In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Nic Patmore.

You can find links to our blog posts on the case covered in this podcast below:

• Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms
• Banking Litigation Podcast Episode 54: Hopcraft Special Edition
• English High Court decides in favour of banks in EuroChem bond claim, confirming payment under on-demand bonds prohibited due to Russian sanctions
• High Court grants bank stakeholder relief under CPR Part 86 in USD 11 million deposit dispute involving competing claims
• High Court permits documents obtained via Norwich Pharmacal Order to be used against disclosing bank in related APP fraud claim
• Financial List finds claim for declaratory relief brought by ultimate beneficial owners of loan notes against issuer is arguable
• Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders
• Hague 2019 Judgments Convention comes into force in UK
• Civil Justice Council's final report on litigation funding recommends "light touch" statutory regulation

Don't forget to subscribe to the banking litigation blog.

In this last episode of the series, the Corporate Crime and Investigations team considers the application of the Failure to Prevent Fraud offence to complex group structures including in relation to parent companies and their subsidiaries (whether incorporated in the UK or overseas).

Susannah Cogman, Eamon McCarthy-Keen, and Clara Browne examine several important issues in this episode such as: (i) how the offence applies to corporate group structures; (ii) the potential liability of a parent company for the activities of its subsidiaries and their employees, including where the employee is a 'senior manager'; (iii) the application of the offence to global companies; and (iv) conduct across borders. They also provide insight into the steps that businesses should take to prepare for the imminent implementation of the Failure to Prevent Fraud offence at a group and individual subsidiary level.

You can find links to further background reading relevant to the episode below:

1. Summary table regarding parent-subsidiary liability
2. HSF Kramer FTPF Briefing
3. The Economic Crime and Corporate Transparency Act 2023
4. Home Office Guidance
5. UK Finance Guidance

This episode brings together our CCI and contentious regulatory teams to consider the impact of the Failure to Prevent Fraud offence on financial institutions. Jon Ford, Elizabeth Head and Ally Fitzgerald explore the risk areas that financial institutions may be exposed to as well as why financial institutions may be at an increased risk of enforcement in comparison to other organisations. They also provide insight into the steps that the HSF Kramer team have seen financial institutions take to prepare themselves for the September implementation date.

Please also see our blogpost for further discussion of this topic, and this briefing for an overview of the new offence of Failure to Prevent Fraud.