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Leading Questions

In this bite-sized podcast series, our UK team discuss the hottest topics across Litigation, Arbitration and Investigations in the UK right now. These monthly podcasts will provide insights into key developments and challenges across each topic as well as picking up the legal news headlines which are particularly relevant to those navigating contentious legal risk.

Episode 6

AI-washing – the latest developments and how to mitigate the risk

Speakers: Doug Davison, David Thomas and Duncan Campbell

As AI rapidly develops, it brings with it the risk that firms might be accused of ‘AI-washing’: ‘overselling’ their AI’s capabilities, for example to boost sales or reputation or to raise capital. With attentive regulators and well-funding claimant lawyers, this risk must be managed carefully.

In this episode we define AI-washing and give some emerging examples of it. We look at the key civil and regulatory risks. We draw some lessons from recent and cutting-edge US and UK regulatory and enforcement action. And we finish with practical tips about ways you might address this risk in your own businesses.

For more AI insights visit our webpages on AI and Contentious AI and check out our AI toolkit.

For a recording and slides of our recent webinar on contentious issues surrounding AI, click here.

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Episode 5

UK Supreme Court confirms a right of action in nuisance for water pollution

Speakers: David Thomas, Rachel Metcalf and Emma Kate Cooney

Episode 5 analyses the recent UK Supreme Court judgment in The Manchester Ship Canal Company Ltd v United Utilities Water Ltd (No 2) and its potential implications for water companies. In this episode we refer to our September ESG Disputes Bulletin which can be found here.

  • Topics include Nuisance, ESG, Public Law, Utilities

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Episode 4

Compulsory Mediation and what the recent Court of Appeal judgment means for those managing litigation

Speakers: Elenor Parkhouse, Jane Larner and Madeline Chan

Episode 4 provides a deeper dive into Compulsory Mediation and the recent Court of Appeal case Churchill -v- Merthyr Tydfil [2023] EWCA Civ 1416. We provide our thoughts on the issues and key practical takeaways for those managing litigation in the UK.

  • Topics include Mediation

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Episode 3

The duties of directors when a company is bordering insolvency, developments in the mediation sphere and how generative AI is impacting legal practice

Speakers:  Ben PackerGreg Wloch, Jane Larner, Madeline Chan, Clara Tung and James Phoenix

In the third episode, Greg Wloch, Jane Larner, Madeline Chan, Clara Tung and James Phoenix discuss directors duties to consider the interests of creditors when a company is bordering insolvency, the recent developments in the sphere of mediation and how generative AI is beginning to impact legal practice.

  • Select the menu icon in the podcast player to see a breakdown of the topics covered.
  • Topics include Insolvency, mediation, generative artificial intelligence

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Episode 2

The Quincecare duty in APP fraud cases, Climate Change Litigation and Data Privacy class actions

Speakers: Christa Band, Mike Munk, Rebecca Burton, Faye PreslandElenor Parkhouse and Sadie Buls

In the second episode, we discuss the Supreme Court’s recent refusal in Phillipp v Barclays Bank to extend the Quincecare duty in APP fraud cases, the recent ClientEarth v Shell climate related derivative action case, and the latest data privacy class action claim struck out by the High Court.

  • Select the menu icon in the podcast player to see a breakdown of the topics covered.
  • Topics include Quincecare duty in APP fraud, Climate Change Litigation, Data Privacy, Collective Redress

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Episode 1

The Mariana Dam case and more

Speakers: Christa Band, Gavin Lewis, Elenor Parkhouse, James Bowen and Stephen Lacey

In the first episode, we discuss the surprising decision of the Supreme Court in relation to the Mariana Dam case and what it means for the future of collective redress in this country; sanctions and the perils of a tickbox “reasonable belief” defence as highlighted by Celestial Aviation; the extraordinary Al Sadeq case and whether a non-party to litigation can claim litigation privilege and a financial services supplement about changes to the Bank of England and Prudential Regulation Authority’s enforcement process and policies.

  • Select the menu icon in the podcast player to see a breakdown of the topics covered.
  • Topics include BoE, Collective Redress, ESG, PRA enforcement, Privilege, Sanctions

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