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In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel Castings, where the parties each provided their own standard terms and conditions, but it was held that the applicable terms were governed by the Framework Agreement.

The US Court of Appeals for the Fifth Circuit has recently upheld the enforceability of a DIFC-LCIA arbitration clause, notwithstanding the fact that the DIFC-LCIA no longer exists. The decision highlights the uncertainty that surrounds the enforceability of DIFC-LCIA arbitration clauses.

Welcome to the Corporate Briefing, where we review the latest developments in UK corporate law that you need to know about. In this month’s issue we discuss: FTSE Women Leaders Review – February 2025 The latest report from the FTSE Women Leaders Review provides positive news with women now holding 43% of board roles, no all-men boards and the appointment rate for FTSE 350 companies creeping towards gender parity (46%). T+1 Settlement The government announced that it had accepted the AST’s recommendations to move to a T+1 settlement cycle on 11 October 2027. Short selling update The FCA has updated its website page on the new Short Selling Regulations 2025, published in January 2025. The new regulations set out high level requirements for the new UK short selling regime. Forfeiture of fully-paid shares was not permitted In this case, the judge held that a company’s articles did not permit the forfeiture of fully-paid shares – and questioned whether that was ever possible. Take care with how price adjustment mechanisms and indemnity/warranty claims work together This case highlights the need to consider and make clear how indemnity/warranty claims and consideration determination mechanisms work together.

The government has published its Response to the Grenfell Tower Inquiry’s Phase 2 report. This Insight takes a closer look at the Response focusing on some of the major reforms the government plans to make (for the full detail of the reforms, please refer to the Response) and the timeframes for such actions.