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Briefing Notes
Regulation
CMA publishes dual-report package on public procurement, estimating bid rigging costs taxpayers up to £3.5bn annually
A £3.5bn annual bid-rigging loss estimate backed by algorithmic detection tools signals a step-change in CMA enforcement appetite for public contracts.
Energy & Tech
Brent crude breaks $100 a barrel as Houthi attacks strike Saudi oil facilities and Iran threatens US energy assets in the Gulf
A declared Iranian exclusion zone through the Strait of Hormuz would immediately activate force majeure and war risk clauses across thousands of English-law energy contracts simultaneously.
Disputes
Court of Appeal rules on whether vicarious liability for pre-transfer torts passes to an acquiring employer under the TUPE 2006 Regulations
If pre-transfer tort liability follows employees under TUPE, every care-sector acquisition carries an invisible personal injury tail that standard warranties cannot cap.
Disputes
Pogust Goodhead Seeks Court Declaration to Retain Control of £36bn BHP Mariana Dam Litigation
A £36bn mandate in dispute is a claimant-access crisis, not just a firm squabble.
International
Trump signs proclamations imposing outright import bans on specified Canadian goods from 29 September, escalating US-Canada trade war under Section 338 of the Tariff Act of 1930
Replacing tariffs with outright import bans activates GATT Article XI in a way that makes WTO challenge almost unavoidable for Canada.
Capital Markets
FTSE 100 falls and Bank of England Governor signals upside inflation risk as Brent crude approaches $100 and rate-hike bets build
Bailey's upside inflation signal has cracked the Bank of England hold consensus, putting floating-rate debt structures and leveraged buyout pricing under renewed pressure.
AI & Law
Employers adopting AI performance metrics and promotion criteria, raising employment law questions on fairness, productivity baselines, and unfair dismissal exposure
January 2027's unfair dismissal expansion means employers using AI leaderboards for promotions or dismissals face a materially wider litigation window with far less qualifying service.
Banking & Finance
Lloyd's of London described as having a 'very good' new syndicate pipeline focused on reinsurance, credit risk and new geographies, following its 2024 financial strength rating upgrade
A post-upgrade surge in Lloyd's syndicate applications signals that specialist underwriting capital still views London as the deepest market for hard-to-place risks.