Insights

Businesses affected by the Strait of Hormuz crisis are likely to be navigating both sides of the contractual liability equation: seeking to enforce protections while simultaneously trying to limit their own exposure. This balancing act will feel familiar to those who managed supply chain disruptions during the Covid pandemic or in response to Russian sanctions. But the scale of uncertainty and the severity of the current situation make it particularly challenging to chart a clear path forward. This note provides an overview of the English-law issues that have arisen in this current crisis and is relevant for companies and legal counsel seeking to understand and mitigate contractual risk in their supply chains, including for shipping, energy, commodities, and construction.

The president of the Competition Appeal Tribunal (CAT) has signalled a more rigorous approach to scrutinising opt-out collective actions at the certification stage, with particular attention to whether the financial benefits of such claims flow to the claimant class or primarily to their lawyers and funders. Coming at a time when the UK Law Commission is consulting on expanding the scope of the opt-out regime, this development warrants careful consideration by all those with interests in the UK litigation funding market.

The ICCU is poised to become one of the most significant international compensation mechanisms of this generation. Crowell & Moring has the experience to help with your claim.

On 12 March 2026, the USTR self-initiated Section 301(b) investigations against 60 of the United States' largest trading partners, including the United Kingdom. The investigations will examine whether each economy's acts, policies, and practices relating to the failure to impose and effectively enforce a ban on goods produced with forced labour are unreasonable or discriminatory and burden or restrict U.S. commerce.

In March 2026, the UK Government published its Fraud Strategy 2026–2029, part of a broader economic-crime policy package building on the Economic Crime Plan 2 (March 2023) and the Anti-Corruption Strategy, published in December 2025. The strategy's headline message for fraud victims is striking: do not wait for the state to act, but rather, seek redress from the court yourself.

The Pilot codifies the position at common law, set out by Lady Hale in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which permits the public the right of access to documents placed before a court and referenced in a public hearing[4]. This Pilot will apply to cases heard in the Commercial Court, the London Circuit Commercial Court (King’s Bench Division), and the Financial List (Commercial Court and Chancery Division)[5].

In recent years, there has been a wave of new legislation impacting contracts and contractual terms. The Belgian legislator is gradually adopting the different Books of the Belgian Civil Code, and the Belgian Code of Economic Law has been updated several times. These changes affect the way contract terms need to be drafted, not only between companies but also with consumers.

A charity will be in scope of the new failure to prevent fraud offence if they meet two of the three following criteria:

On 1 August 2025, the UK’s Arbitration Act 2025 (the “Act”) came into force. It applies to arbitrations and arbitration-related court proceedings commenced on or after that date and reinforces London’s status as a leading hub for international arbitration.

The case of Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and 80 others (No 2) (Bermuda) [2025] UKPC 34 addresses significant issues regarding shareholder rights and legal professional privilege in corporate transactions. In particular, the case concerned the Shareholder Rule. This was a principle shareholders relied on to prevent companies from asserting privilege over documents, thus requiring companies to hand privileged documents over to them. On 24 July 2025, the Privy Council unanimously held that the Shareholder Rule no longer applies. Although the case concerned the law of Bermuda, the Privy Council issued a declaration (known as a Willers v Joyce direction) that its decision is binding on English courts as well. In so doing, it overturned an aspect of English law in force for almost 140 years.

On this 4thof July, Britain was also celebrating. The first country to secure a trade deal with the Trump Administration, the U.K. can indeed celebrate the so-called Special Relationship.

The flow of data across borders is essential to our global economy. As companies grow more and more dependent on cross-border data transfers to conduct business, two parallel legal trends have emerged:

To date the Trump Administration has issued multiple proclamations imposing varying rates of import duties on steel and aluminum and certain derivatives, including construction materials. These measures have added volatility and financial pressures to the construction sector both in the United States and abroad. Most recently, on June 3, 2025, President Donald Trump issued a proclamation under Section 232 of the Trade Expansion Act of 1962, doubling tariffs on imported steel and aluminum from 25% to 50%, effective June 4, 2025. This action aims to counteract the continued influx of lower-priced, excess steel and aluminum imports that, according to the administration, threaten U.S. national security by undermining domestic production capacity. The proclamation notes that while prior tariffs provided some price support, they were insufficient to achieve the necessary capacity utilization rates for sustained industry health and defense readiness. The United Kingdom remains temporarily exempt at the 25% rate until July 9, per the U.S.-U.K. Economic Prosperity Deal.

The UK’s 2025 Strategic Defence Review (SDR)[1] marks a significant shift in national defence policy, emphasising enhanced military readiness and domestic industrial growth. This comprehensive plan is poised to reshape the landscape for defence contractors across the country. This follows the enactment of the UK’s new Procurement Act 2023, which took effect on 24 February 2025, also impacting defence contractors. More information on this can be found in our alert: What Defence Contractors Need To Know About the New UK Procurement Act.

The English Court of Appeal has recently handed down a helpful judgment, clarifying the test for breach of duty in cases of alleged negligence by valuers. In short: (i) the valuation must fall outside a reasonable margin of error of the ‘correct’ valuation; and (ii) the valuer must have carried out the valuation in a way that no reasonably competent valuer could have done (the Bolam test).

On 6 May 2025, the UK government announced it had concluded a Free Trade Agreement (FTA) with India. A summary of the deal has been published by the Department for Business and Trade. With widespread uncertainty concerning global trade policy and tariffs, the conclusion of the deal is being celebrated as a triumph.

The UK’s new Procurement Act 2023 (the “Act”) took effect on 24 February 2025. More information on this can be found in our alerts: Understanding the UK’s New Procurement Regime in 2025 and Changes to the UK Procurement Regime in 2025: An Introduction to the Debarment List.

As a result of the Procurement Act 2023, the UK procurement regime  changed on 24 February 2025. To read about the key changes, please see our article Understanding the UK’s New Procurement Regime in 2025.

On February 18, President Trump issued an Executive Order titled “Ensuring Accountability for All Agencies” that directs independent agencies (as well as Cabinet Departments and their sub-agencies) to route all “proposed and final significant regulatory” and budgetary actions through the White House and the Office of Management and Budget. If implemented to its full extent, this action will significantly strengthen the authority of the White House by weakening the political autonomy of these independent agencies. As an assertion of the President’s inherent powers under Article II of the U.S. Constitution, it also stands to weaken congressional influence over these independent agencies, both through the appropriations and confirmation processes.

The UK’s new Procurement Act 2023 (the “Act”) takes effect from 24 February 2025. Our view is that while there are a small number of important differences, which we discuss below, the majority of the processes outlined in previous legislation, remain unchanged, despite some changes in terminology.