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Inside Disputes

Issue 5: October 2026

Inside Disputes

Editor's note

Hugo Plowman

As the new court term arrives, I'm delighted to bring you the latest edition of Inside Disputes, bringing together insights from across our Disputes team at Mishcon de Reya.

From the first reported case on the "tipping off" offence under the Proceeds of Crime Act 2002, to the Commercial Court's guidance on the limits of litigation privilege for communications with litigation funders, the articles in this edition showcase the agility of the English courts when dealing with both long-established doctrines and new statutory provisions.

These articles also demonstrate the true breadth of our disputes practice, from a look at what two service charge cases can teach landlords and tenants about strategy and tactics, to what to do when family business succession planning breaks down.

Geopolitical risk continues to dominate the headlines, and you can read about the emerging risks from the war in Iran from UK, US and UAE perspectives, as well as a recent setback in enforcement of Russian sanctions experienced by HMRC.

And of course technology, and AI in particular, continue to raise novel questions for litigators, from the question of how English law should approach novel questions of liability arising from the use of AI tools, to our two-part series on the best way to protect your reputation in the AI era.

I hope you find plenty to interest you.  Please do remember to sign up for our mailing list, if you aren't subscribed already, and look out for the invitation to our next Disputes Essentials seminar, where we'll be exploring the impact of AI on litigation in even more depth.

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Protecting reputation in the AI era: how to prepare, monitor and respond

AI has transformed how content is produced, consumed and verified. Reputation is no longer shaped primarily by news articles or social media posts. AI-powered search increasingly shapes reputation through AI-generated summaries – not a list of links, but responses that distil vast amounts of information into what appears to be an authoritative answer.

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Geopolitical Risk Hub

Geopolitical events can have an immediate impact on organisations, family offices and private wealth. From sanctions and trade restrictions to cyber threats, regional conflicts, political instability and regulatory change, individuals and institutions alike are increasingly required to respond to developments beyond their control.

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When does confidential information cease to be confidential? Lessons from Illiquidx v Altana Wealth

The Court of Appeal has upheld a High Court finding that publicly available information, which had been packaged together into an investment strategy, was protected by the law of confidence. The information did not lose that confidence by virtue of being disclosed to over 200 potential investors.  What mattered was that the information had not been made generally available to the public, rather than the number of people to whom it had been passed.

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Are communications with litigation funders covered by litigation privilege?

In the underlying claims Mishcon de Reya is instructed by approximately 13,300 black cab drivers and the assignee of two former ride-sharing companies against Uber London Ltd and its Dutch and US parent companies. The claims, which cover a period between 2012 and 2018, arise out of an alleged conspiracy by Uber to cause loss by unlawful means.

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Trust and distrust – keeping the faith when family businesses fall out: succession planning and avoiding deadlock

Family businesses face increasing pressure from the “Great Wealth Transfer,” making proactive succession planning essential to avoid disputes, deadlock and unintended tax or inheritance consequences. By implementing clear governance, shareholder agreements and dispute resolution mechanisms, families can better protect both business continuity and relationships across generations.

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