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  14/10/2024

  United Kingdom

  The UK Court of Appeal determines that the Kingdom of Bahrain does not have immunity in a spyware case

  Summary The Court of Appeal has upheld the High Court’s earlier judgment that the Kingdom of Bahrain (“Bahrain”) is not entitled to state immunity from a personal injury claim arising from allegations that it has committed espionage in the UK. Our article reflecting on the High Court’s earlier judgment is discussed here.The facts of the case are unusual, although not unprecedented.  The claimants, described as pre-democracy activists and members of the Bahraini opposition movement, allege that spyware was installed on their computers, located in England, by agents...

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  14/10/2024

  United Kingdom

  Procurement Act go-live delayed to February 2025; but no hold-up in preparations for the new regime

  The six-month implementation period for entry into force of the new UK Procurement Act 2023 has been delayed a further four-months, with the new go-live date now being pushed back to 24 February 2025. This delay has not held up the Cabinet Office’s engagement with public sector and suppliers on the new features of the new Act, introducing the new Procurement Pathway for contracting authorities and engaging with suppliers on registering with the new Supplier Registration Service.Cabinet statement – reasons for delayThe new National Procurement Policy Statement (NPPS) issued in May before...

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  14/10/2024

  United Kingdom

  This is the end, beautiful friend: the ASA clamps down on misleading practices when changing and ending offers to consumers

  In two series of rulings issued on 9 October 20224, the Advertising Standards Authority (ASA) has ruled against misleading practices in relation to (i) end dates for discount promotions, and (ii) price changes in the course of subscription contracts.End dates for price promotionsThe CAP Code has lengthy but ambiguous rules on disclosing the end date of promotions. End dates are listed as a “significant condition” for promotions which should be disclosed (rule 8.17.4), but the same rule goes on to say that “[c]losing dates are not always necessary” (rule 8.17.4.a). If omitting...

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  11/10/2024

  Europe

  EU anti-dumping investigation of Chinese hardwood plywood imports

  On 11 October 2024, the EU opened an anti-dumping investigation concerning EU imports of hardwood plywood, originating in the People’s Republic of China, which could lead to substantial anti-dumping duties on future imports.The product under investigation for alleged dumping is plywood consisting solely of sheets of wood other than bamboo and okoumé, each ply not exceeding 6 mm thickness, with at least one outer ply of tropical wood or non-coniferous wood, whether or not coated or surface-covered. The relevant species are specified under the HS Code subheadings 4412 31, 4412...

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  11/10/2024

  United Kingdom

  Real prospect of a legitimate benefit to the claimant from English proceedings sufficient for permission to serve a claim seeking to enforce a foreign judgment out of the jurisdiction

  In a recent judgment dismissing a jurisdiction challenge in relation to a claim seeking to enforce a judgment of the UAE courts, the Commercial Court (Stephen Houseman KC sitting as a High Court judge) has reiterated the correctness of the Court of Appeal’s decision in Fonu v Demirel [2007] 1 WLR 2508 to the effect that it does not need to be shown, on an application for permission to serve out of the jurisdiction a claim seeking to enforce a judgment, that there are any assets available for execution in England. It suffices that there is a real prospect of a legitimate benefit to the claimant...

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  11/10/2024

  International

  The use of good faith arguments in time-bar disputes

  Good faith obligations are often raised in international construction disputes to overcome time-bar defences raised by employers. This Law-Now considers the approach to enforcing time-bar clauses under English law and in civil law jurisdictions before considering a recent DIFC decision which arises under the unique combination of English and civil law contained in the DIFC’s Contract Law.Time-bars under English lawThe English courts have traditionally shown themselves to be supportive of enforcing time bar clauses if they are not strictly complied with. Such clauses are intended to promote...

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