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01 December 2011 / Chris Warren-smith , Lista M Cannon
Issue: 7492 / Categories: Features , Bribery , Regulatory , Profession
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Under scrutiny

Lista M Cannon & Chris Warren-Smith study the UK litigation landscape

The eighth annual Fulbright & Jaworski LLP Litigation Trends Survey, which surveyed the views of over 400 corporate counsel, indicates that while concerns about the impact of the economic climate are not as prominent as last year, UK businesses face increasing exposure to regulatory proceedings and expect that trend to continue.

Enhanced exposure to regulatory proceedings

More than a third (36%) of UK respondents faced at least one regulatory proceeding in the last year, an increase from 32% in 2010. At a global level, 40% of all respondents reported involvement in at least one regulatory proceeding over the last year, up from 37% in 2010. Nearly half (49%) of all listed companies faced at least one regulatory proceeding in the past 12 months.

Dealing with these matters is increasingly disruptive to businesses. One quarter of UK respondents to this year’s survey reported an increase in regulatory inquiries or investigations against their company, compared to 18% in 2010 and

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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