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Incorporating environmental protection into commercial contracts

Rob Eakins

Concern for the environment is at an all-time high. There is greater awareness, both on an individual and corporate level, of the impact of our daily activities and choices on the environment. ‘Sustainability’, ‘carbon footprint’ and ‘environmental impact’ are topics that now regularly appear on company websites and on their meeting agendas.

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Court of Appeal backs compulsory alternative dispute resolution (ADR)

Andrew Koffman
Head of Litigation

A recent Court of Appeal judgment confirmed for the first time that the court can now compel litigating parties to take part in alternative dispute resolution (ADR), such as mediation, even if the parties have not agreed to do so between themselves.

Previously it had been understood, including by the trial judge in the latest case, that the law was as set out in a 2004 Court of Appeal case (Halsey v Milton Keynes General NHS Trust).  While the courts were able to encourage litigants to take part in ADR (strongly if necessary, with the right to impose costs penalties for unreasonable refusal), to compel them to do so would interfere with their basic right of access to the court to resolve disputes under the European Convention on Human Rights (ECHR) – which incidentally also applies to businesses in this context.

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The Economic Crime and Corporate Transparency Act 2023

Faizan Nayyar

Faizan Nayyar

The government has recently introduced new laws aimed at tackling corruption, money laundering and fraud involving corporate entities.  The Economic Crime and Corporate Transparency Act 2023 (the Act) received royal assent on 26 October 2023, and aims to reform the way in which economic crime is tackled and to improve the transparency over corporate organisations.

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