Commercial Litigation UK

  • September 17, 2021

    Syrians To Provide More Info In Bank Terrorism Finance Suit

    One of Qatar's largest banks won permission on Friday to seek more information from Syrian refugees accusing it of financing terrorists about its alleged role in a conspiracy before issues of state immunity can be resolved.

  • September 17, 2021

    Ex-Jones Day Atty Gets Costs Cut In Doc Destruction Case

    A former Jones Day lawyer accused by Ocado of having proof of corporate espionage destroyed got a reduction in the amount of legal reimbursement he owed the online grocer after its bid to have him jailed was revived.

  • September 17, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Malawian farming families file a new claim against U.K. tobacco companies, an Italian region in a new lawsuit over derivatives contracts, and the energy regulator take action against a failed power company. Here, Law360 looks at those and other new claims in the U.K. 

  • September 17, 2021

    HMRC Scores In Appeal To Tax Soccer Refs' Wages

    An appeals court ordered a replay on Friday on a decision finding part-time referees are not employees of a soccer-officiating organization for purposes of income and social security taxes, returning the matter to a tribunal to reassess how much control the group had over them.

  • September 17, 2021

    Vodafone Hits Sports Co. With Countersuit Over Soccer Deal

    Vodafone's Italian arm has hit a British sports streaming service with a countersuit after a soccer distribution deal went south, saying the U.K. provider sabotaged the deal so it could pursue another partner.

  • September 17, 2021

    Tax Fraud Rap Irrelevant To Bank Ownership, Berlusconi Says

    A conviction for tax fraud shouldn't prevent former Italian Prime Minister Silvio Berlusconi from holding a stake in a bank, his lawyers told the European Union's second-highest court.

  • September 17, 2021

    CMA Threatens Action Over Delayed Refunds by Travel Biz

    The competition watchdog has threatened to take a British travel agency to court if it keeps delaying refunds of trips canceled because of COVID-19.

  • September 17, 2021

    Volvo, Renault Fight Truck Cartel Damages Suit

    Four Volvo and Renault subsidiaries have hit back against a lawsuit from more than 130 local authorities across the U.K. over a truck cartel, saying the alleged collusion did not affect net prices or cause the government bodies to lose money.

  • September 17, 2021

    Steinmetz Told To Disclose Swiss Court Docs In Fraud Row

    A London judge ordered an Israeli billionaire on Friday to disclose Swiss criminal documents as part of a mining company's $1.8 billion fraud lawsuit, saying it was "surprising" he didn't already have the material.

  • September 17, 2021

    Fitness Chain Fights GDPR Suit Over Cyberattack

    A fitness chain has defended itself against a privacy lawsuit from a former member after his data was exposed during a cyberattack, saying the stolen information did not rise to the level of private data.

  • September 16, 2021

    EU Tax Break Not For Sail, ECJ Says

    Italy broke European Union law by exempting private watercraft chartered for recreational use from an excise tax on motor fuels, the bloc's top court said Thursday in a ruling that favors the EU executive branch.

  • September 16, 2021

    UK's Top Court Won't Hear Bank's Challenge To Tax Rule

    The U.K. Supreme Court has refused to hear a case brought by two Irish banks over deductions claimed against interest expenses paid by their British branches, the court said Thursday.

  • September 16, 2021

    Aldi Says Its Caterpillar Cake No Cookie-Cutter Copy Of M&S'

    Aldi has hit back against Marks & Spencer in their High Court caterpillar cake-off, arguing that the rival supermarket chain did not invent the concept of the insect-themed milk-chocolate creation the discounter is accused of copying.

  • September 16, 2021

    FCA Urged To Act Over Delay In Biz Insurance Payouts

    One in three businesses is still waiting for any form of payment, almost a year after the finance watchdog won a landmark insurance court case on behalf of 370,000 policyholders denied cover for closures during the coronavirus lockdowns, the latest figures show.

  • September 16, 2021

    Top UK Court Won't Hear Co-Op Exec's Equal Pay Suit

    The U.K.'s highest court said Thursday that it won't consider an appeal by a former Co-operative Group executive seeking to resurrect equal pay and discrimination claims against the retail chain. 

  • September 16, 2021

    Top UK Court Won't Hear Oil Execs' $339M Fraud Challenge

    A crude oil company's $339 million ($468 million) conspiracy and fraud suit lawsuit against two former executives will proceed in England after the country's highest court said on Thursday that it will not hear the case.

  • September 16, 2021

    Hiscox On Hook If UK Discrimination Case Successful

    Insurer Hiscox will be liable for compensation if a tutor can prove that she suffered personal injury as a result of discrimination by her former employer, an employment judge ruled in London on Thursday.

  • September 16, 2021

    ECJ Tells UK Supreme Court Software Downloads Are 'Goods'

    The European Union's top court ruled on Thursday that software supplied to customers electronically counts as "goods" for the purposes of a law governing independent sales agents, a decision that could have significant implications for resellers.

  • September 16, 2021

    ECJ Upholds EU Crackdown On Belgian Tax Breaks

    The European Court of Justice ruled Thursday that the European Commission was correct to find a Belgian regime of tax breaks to multinationals amounted to illegal state aid, overturning a lower court's decision.

  • September 16, 2021

    Top UK Court To Hear £118M HSBC Ponzi Scheme Case

    Britain's highest court has agreed to hear an attempt by Stanford International Bank to revive a £118 million ($163 million) lawsuit against HSBC over a $7 billion, decadeslong Ponzi scheme orchestrated by the Antiguan bank's former owner.

  • September 15, 2021

    Insurers Back Injunctions Over Firm's Pipeline Lawsuits

    AIG's European operations and a group of insurers urged a London judge on Wednesday to continue barring a Scottish multinational engineering group from suing them in Canada as part of litigation over defects to a major oil pipeline.

  • September 15, 2021

    Bitcoin 'Inventor' Can't Jump Into Cryptocurrency IP Case

    A judge has rejected a bid from someone claiming to be Satoshi Nakamoto, the pseudonymous inventor of Bitcoin, seeking to overturn a default judgment over the copyright for the cryptocurrency's founding white paper, filed by another person claiming to be Nakamoto.

  • September 15, 2021

    Real Estate Co. Sued For £5M After Missed Loan Payments

    Fortress Capital Partners Ltd. has asked the High Court to order a real estate company to hand back more than £5 million ($6.9 million) after the firm defaulted on a loan.

  • September 15, 2021

    Defunct Payments Co. Directors Sued For £6M Over Wind-Up

    An insolvency litigation financing company is suing the former directors of a wound-up payments firm for £6 million ($8.3 million) after they sold shares in their company for 1 penny to another firm they owned.

  • September 15, 2021

    Insurer Hiscox Fights Liability For Employment Suit

    Insurer Hiscox urged a London tribunal on Wednesday to ax a compensation claim brought by a tutor suing her insolvent former employer for unfair dismissal and discrimination, arguing that its policy did not cover the woman's health conditions.

Expert Analysis

  • How UK Data Breach Ruling May Rein In Insurance Claims

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    The recent U.K. High Court ruling in Warren v. DSG Retail, which held that claimants can only pursue personal data claims provided for in data protection legislation, narrows the basis upon which claims can be made following a data breach, and could make lower-cost recovery of after-the-event insurance premiums a thing of the past, say attorneys at Jenner & Block.

  • Takeaways On Noncompete Pacts From UK Top Court Ruling

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    The recent U.K. Supreme Court holding in Harcus Sinclair v. Your Lawyers provides a helpful synopsis of factors to be considered in determining whether the beneficiary of a restraint of trade undertaking has legitimate interests to protect, say David Fisher and Pooja Dasgupta at CM Murray.

  • Takeaways On Pre-Action Protocols From UK Patent Ruling

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    The U.K. High Court's recent patent ruling in Add2 Research v. dSpace instructs parties in proper pre-action discussions that avoid breaches of protocol, including how to provide materials in confidence, say Angela Jack and Emily Atherton at EIP.

  • Grant Thornton Ruling May Broaden Advisers' Duty Of Care

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    The U.K. Supreme Court's ruling in Manchester Building Society v. Grant Thornton will affect other professional negligence cases as it downgraded the scope of duty test and will provide more flexibility for judges in deciding similar cases now that they have been released from the 1997 SAAMCO precedent, says Robin Henry at Collyer Bristow.

  • Arbitral Enforcement Takeaways From Kazakh Asset Ruling

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    While a Belgian court's recent decision in Stati v. Kazakhstan to uphold a freeze on Kazakhstan's assets sets a precedent in favor of arbitral award enforcement, it still highlights the difficulties of investor-state arbitration, and shows that investors' need to launch new proceedings may ultimately depend on the approach of the relevant jurisdictions, says Tomas Vail at Vail Dispute Resolution.

  • Prospects Look Strong For UK Class Actions

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    Class actions have become more commonplace in the U.K. and elsewhere in Europe amid high returns, and the trend is expected to continue in areas as diverse as competition, environmental, data privacy and securities, with some busy years ahead, say Edward Coulson and Rachel Ziegler at BCLP.

  • What The Financial Markets Might Look Like After Libor

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    As the long-awaited transition out of Libor via alternative reference rates such as the Sterling Overnight Index Average edges closer, several long-term uncertainties and inherent litigation risks remain, with legacy contracts and misseling claims among the key areas of concern, say Alexander Edwards and Hannah Sharp at Rosling King.

  • The UK Bribery Act At 10, And What's Next

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    Lauded as a gold standard that put the U.K. in step with modern commercial practices, the Bribery Act turns 10 years old with just a few unmet goals, mostly at the prosecutorial end — and those charged with enforcement will likely face some real tests in the next decade, says Anneka Randhawa at White & Case.

  • UK Employment Case May Lead To New Discrimination Suits

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    The recent Maya Forstater case before the U.K. Employment Appeals Tribunal, concerning whether gender-critical beliefs are a protected characteristic, could provoke an influx of discrimination cases on the basis that philosophical beliefs could trump other protected characteristics, says Jules Quinn at King & Spalding.

  • An Underused Group Litigation Tool Could Help UK Claimants

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    Though the Financial Markets Test Case Procedure has only been used as a collective redress mechanism for the first time recently in Financial Conduct Authority v. Arch Insurance, hopefully it will be called on more often to resolve future post-Brexit issues and other pandemic cases, says Becca Hogan at Signature Litigation.

  • Warnings And Guideposts From EU Sanctions Blocking Case

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    An advocate general's recent opinion in Bank Melli Iran v. Telekom Deutschland, a European Union sanctions blocking case, highlights serious new international regulatory compliance risks but also presents helpful guidance for navigating conflicting EU and U.S. rules, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

  • 2 UK Pension Cases Guide On 3rd-Party Due Diligence

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    The U.K. Court of Appeal's recent decision in Adams v. Options UK, and upcoming hearing in Financial Conduct Authority v. Avacade, highlight important precautions self-invested personal pension operators should take when dealing with unauthorized third parties, says Paul Ashcroft at Wedlake Bell.

  • Lifting US Sanctions On Iran Would Increase Financial Activity

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    If recent talks for the U.S. to rejoin the Iran nuclear deal pan out, financial activity between formerly sanctioned entities and European counterparties will likely increase, and demand for certain types of legal work may shift, say Kartik Mittal and Stephanie Limaco at Zaiwalla.

  • UK Ruling Shows Tool For Taming Multijurisdictional Disputes

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    In PJSC National Bank Trust v. Mints, the U.K. High Court imposed costs on the prevailing party for failure to notify the court of related proceedings, demonstrating an approach that judges may use to mitigate the risk of discordant outcomes in multijurisdictional litigation, say Thomas Grant at Cambridge University and Scott Kieff at George Washington Law School.

  • A Bumpy Road To Normality After UK Pandemic Support Ends

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    As U.K. government relief measures that have shored up businesses amid the pandemic taper off, parties that cannot resolve restructuring or insolvency issues through commercial bargaining will influence the types of matters appearing before courts for years, say attorneys at Freshfields.

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