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In-House Insights

We understand that the challenges faced by in-house legal teams are varied and changing rapidly. Our In-house hub provides resources to help provide guidance on a variety of legal and business issues specifically for in-house counsel.

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Enforcing dispute resolution provisions

The Court of Appeal recently handed down judgment in Kajima Construction Europe (UK) Ltd & Anr v Children’s Ark Partnership Ltd [2023] EWCA Civ 292, an important case regarding the approach to enforcing dispute resolution provisions. As well as making clear that clauses which require the parties to engage in an alternative dispute resolution procedure prior to commencing court proceedings will need to be sufficiently certain to be enforceable, the Court of Appeal has confirmed that the usual remedy for breach of such a clause will be a stay of court proceedings, rather than a strike out.

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Watch this space: new EU Regulation seeks to clean up the internet

The EU Digital Services Act ("DSA") came into force on 16 November 2022. Imposing specific obligations on internet intermediaries, the DSA has the aim of protecting users' fundamental online rights, streamlining the removal of illegal content, and improving online accountability.

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