Insight

UK Supreme Court weighs in on APP scams

The UK Supreme Court in a landmark judgment (Philipp v Barclays Bank UK Plc [2023] UKSC 25) has unanimously held that a bank does not have a common law duty to customers to refrain from acting on their instructions where the bank believes the customer is the victim of an authorised push payment scam.

14 July 2023

Insight

Only the link: Google not liable for defamation

In allowing the appeal, the majority found that, in circumstances where Google did not participate in the writing or dissemination of the defamatory article, the provision of the hyperlink merely facilitated access to the article. Google neither “lent assistance” to the original publisher, nor did it participate in any “bilateral process” of, communicating the article to third-party users.

18 August 2022

Insight

The Russia-Ukraine war and rising commodity prices: force majeure, frustration and termination

The prices for such commodities have skyrocketed as Russia and Ukraine are major suppliers of these commodities across the globe. Ukraine and Russia produce and export much of the world’s wheat and other grains whilst Russia is a major producer of crude oil and nickel.

11 April 2022

Insight

Keepwell and carry on: enforcement of Keepwell deeds put to the test in China

Keepwell deeds, also known as letters of comfort, are a credit protection tool commonly used by Chinese companies issuing debt offshore. These deeds are used in offshore finance transactions, particularly those that use bonds relating to a Chinese transaction. It is estimated that Keepwell deeds are used in around 16%, or US$96 billion, of outstanding Chinese offshore bonds.[1]

23 February 2021

Insight

Impact Of The Novel Coronavirus Outbreak On Chinese Commodity Sale Contracts

The novel coronavirus outbreak in China has attracted significant attention worldwide with the World Health Organization recently declaring it a "public health emergency of international concern". Reportedly, there is a rising number of infection and mortality cases resulting from the outbreak, with the majority of those cases still being found in mainland China. In response, the Chinese government has taken various significant measures to contain the widening spread of the new disease, resulting in a knock-on effect on industrial and commercial activity within the country. As one of the largest consumers of commodity products globally, the impact of the novel coronavirus outbreak on international commodity contracts with Chinese buyers raises challenging and important questions of whether it constitutes ground for buyers to be relieved from their performance (and if so the extent of such relief), the procedure for claiming such relief and also the consequences on the overall contractual relationship. Obviously, these are equally important questions for commodity sellers on the other end of the equation. At a high-level and as part of a brief note, we consider some key issues arising and endeavor to provide certain practical suggestions how might parties address the issues in a manner best to safeguard their interests.

10 February 2020