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Inside Disputes

Issue 13: May 2025

Inside Disputes

Editor's note

Hugo Plowman

I'm delighted to introduce the latest edition of our newly revived Inside Disputes newsletter, which brings together a carefully curated selection of insights and updates from our award-winning Dispute Resolution team here at Mishcon de Reya.  

From consideration of that most essential of contractual provisions, the exclusion clause, in Clear signals on exclusion clauses: lessons from EE Ltd v Virgin Mobile, through to our digital session on investigations into insider fraud A breach of trust - Tackling insider fraud, this publication aims to give you an insight into the depth and breadth of our disputes expertise. 

June sees the return of London International Disputes Week, one of the largest global gatherings of those involved in the resolution of international disputes. This year's theme is "Innovation in dispute resolution: navigating global risks", and the Mishcon de Reya team, together with a host of industry experts, will be exploring topics ranging from the future of fraud to the converging and diverging paths of US, UK and EU sanctions and how tech can help those operating in the group actions space.  I hope you can join us. 

Hugo Plowman, Chair of Dispute Resolution

News
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A retrieval duty for APP fraud?

Authorised Push Payment (or APP) fraud is the most common type of financial fraud in the UK. The trade body for financial services, UK Finance, estimated that in 2023 £459.7 million was lost to APP fraud, against £708.9 million of 'unauthorised' fraud losses.

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Fiduciaries beware as Supreme Court confirms there's no escape from accounting for profits

Richard Leedham and Frances Beddow discuss Rukhadze & Ors v Recovery Partners GP Ltd & Anr [2025] UKSC 10 where the UK Supreme Court reaffirmed the strict accountability of fiduciaries, rejecting a "but for" causation test for profits made from fiduciary relationships. The ruling emphasises that fiduciaries must account for all profits unless informed consent is obtained, underscoring the importance of understanding fiduciary obligations.

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Royal Assent for the Arbitration Act 2025

On 24 February 2025 the Arbitration Act 2025 received Royal Assent. The completion of the Act's legislative journey marks the end of a lengthy process of review commenced by the Law Commission, continued by the Conservative Government and concluded by the Labour Government, and is designed to ensure that the UK remains the dispute resolution venue of choice for parties across the world.

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Reframing the perception of class actions in England and Wales

Not so long ago, so-called "class actions," looked like the next big thing for the English courts. More recently, commentators have drawn attention to a series of decisions and developments which appear to apply the brakes. These developments include limiting opportunities to bring claims under the representative action process, restricting the availability of litigation funding (including questioning its role and motives), and stymying attempts to widen the ability to bring collective proceedings in the Competition Appeal Tribunal.

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Stop all the clocks: How administration affects limitation periods

The recent ruling in Contract Natural Gas Limited v ZOG Energy Limited [2025] EWHC 86 (Ch) clarifies the impact of administration on limitation periods for claims, offering crucial guidance for creditors. This case saw Judge Andrew Twigger KC determine whether time stops running for limitation purposes when a company enters administration, and what this means for creditors seeking to assert such claims.

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COVID-19 business interruption claims – the clock is ticking!

Five years on, the COVID-19 pandemic may seem like a distant memory to some. However, many business owners continue to suffer the adverse effects of months of lost income. Unfortunately, for some businesses the impact of the pandemic coupled with other economic upheavals resulted in insolvency. Policyholders and office holders may still be able to bring an insurance claim for some of those losses but, as we enter 2025, the deadline for bringing proceedings is fast approaching. In this article, we look at what the English courts have decided so far in relation to claims for COVID-19 losses under business interruption insurance policies, and what policyholders should now do if they think they may have a claim.

Inside Disputes Issues

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