The European litigation landscape continues to evolve at pace. In this publication, we explore some of the key litigation and regulatory developments shaping legal strategy for businesses operating in the UK, and across European markets.
ESG and Parent Company Liability
Over recent years, the English courts have increasingly been seen as a key forum for cross-border ESG mass tort claims, including in conjunction with claimant‑friendly procedural and funding mechanisms. Building on Vedanta and Okpabi, the courts have confirmed that liability of English parent companies turns on the substance of control or assumption of responsibility over group companies, rather than formal corporate structure. This article examines how those principles have been applied in the recent Mariana Dam litigation and considers the implications for UK‑domiciled multinationals and investors.
Liability Management Exercises and Restructuring Challenges
The rise of non-pro rata liability management exercises (“LMEs”) in Europe over the past couple of years has been accompanied by litigation challenges. Majority creditor groups are increasingly leveraging specific provisions within intercreditor agreements to restructure debtor liabilities at the expense of minority creditors, who in turn are contesting these out-of-court restructurings through proceedings on both sides of the Atlantic. Some key English law concepts are likely to be judicially examined in this context in the coming months. As litigation strategies become increasingly cross-jurisdictional, a new front has emerged through the deployment of competition law arguments to challenge the validity of majority creditors’ cooperation agreements.
Competition Law Claims and Collective Proceedings
Public enforcement and private litigation in competition law are converging at pace. The collective proceedings regime before the CAT is entering a new era of judicial gatekeeping—at certification, and in terms of oversight of settlements and funding—while authorities across the UK and EU expand enforcement into labour markets. Companies managing collective claims or refining their employment and investment compliance efforts should be mindful of a regulatory and judicial environment that continues to develop and evolve.
National Security and Foreign Investment Screening
National security review has long been a live deal risk, with UK authorities able to scrutinise—and in some cases unwind—transactions long after completion. Through the LetterOne/Upp and FTDI cases, this section explores how the courts are approaching challenges to decisions under the National Security and Investment Act 2021 and why investors face a challenging path when seeking to overturn final orders or recover compensation. With the Supreme Court due to consider LetterOne’s appeal later this year, the article explains why NSIA risk is becoming a boardroom issue and how public law principles are increasingly shaping the landscape for commercial transactions.
Cryptocurrency and Artificial Intelligence Litigation
Courts and regulators are racing to keep pace with crypto assets and the rise of artificial intelligence, as new rules and landmark cases reshape how these technologies are owned, regulated and enforced. This article covers the latest developments and their practical implications: from greater regulatory scrutiny of crypto businesses and stronger recognition of digital assets as property, to unresolved questions for fraud victims, AI developers and rights holders. For businesses, the message is clear: innovation may be fast-moving, but the litigation, regulatory and competition landscapes around them also continue to develop in real time—creating both new opportunities and evolving considerations for companies looking to harness those technologies responsibly and effectively.
Motor Finance and Consumer Mass Actions
The motor finance commission saga has produced one of the most consequential intersections of public regulatory frameworks and private law remedies in recent years. The Supreme Court’s landmark August 2025 judgment, the FCA’s £9.1 billion redress scheme and the practical fallout for lenders raise critical questions for any firm operating commission-based consumer credit models.
