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Case law updates

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February 2023
Dispute Resolution: Tulip Trading Ltd v Van Der Laan & Others [2023] EWCA Civ 83
The Court of Appeal has handed down judgment in a jurisdiction challenge in which software developers contested whether an argument that they were fiduciaries, with duties to owners of cryptocurrency, was a serious issue to be tried. In a clear indication that the reach of the common law could be broadened to keep up to date with new and emerging technologies, the Court of Appeal found that the imposition of fiduciary duties on software developers was at least arguable. Lauren Pardoe, a Partner in RK’s Dispute Resolution team, discusses the decision.
February 2023
Dispute Resolution: PJSC National Bank Trust & anor v Mints & Ors [2023] EWHC 118 (Comm)
The recent judgment of Mrs Justice Cockerill in PJSC National Bank Trust & anor v Mints & Ors [2023] EWHC 118 (Comm) handed down on 27 January 2023, provides useful guidance on the impact of the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”) and the Russia (Sanctions) (EU Exit) Regulations 2019 (“RSR”) on litigation where one or more claimants is sanctioned. Robert Pollock-Hill, a Partner in RK's Dispute Resolution team, comments on the decision.

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