Commercial Litigation UK

  • October 23, 2020

    DC Circ. Wary Of Ukraine Energy Co.'s $58M Arb. Fight

    Ukrainian energy company LLC Komstroy seemingly failed to convince a D.C. Circuit judge, at least for now, to uphold a lower court order enforcing a $58 million arbitral award against Moldova after the jurist voiced concerns Friday about the court's authority to weigh in on the dispute now. 

  • October 23, 2020

    BNP Hits Back With €73M Fee Claim In Dutch Bribery Suit

    BNP Paribas SA argued it should be able to claw back up to €73.4 million ($87 million) in contract termination fees from Stichting Vestia after the Dutch housing association accused it of bribery in a London lawsuit. 

  • October 23, 2020

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

    The past week in London has seen electronics giant Philips take on another Chinese rival over patents, automaker Daimler AG facing another group action and a Canadian pension fund and dozens of others sue troubled security firm G4S. Here, Law360 looks at those and other new claims in the U.K.

  • October 23, 2020

    Hotel Group To Get Early Contract Ruling In €93M Apollo Suit

    A judge agreed on Friday to settle some contract disputes early in a lawsuit brought by a Spanish hotel group against Apollo Capital Management over a stalled €93 million ($110 million) resort deal, but warned that the result might mean an early demise for the hotelier's case.

  • October 23, 2020

    Jailing Of Saudi Lawyer Throws Wrench In Al-Sanea Fee Row

    Lawyers for a Saudi Arabian lawyer won more time on Friday to contact their client about his legal fee dispute in London with the son of a businessman accused of defrauding investors out of $200 million after the solicitor himself was arrested in connection with the investigation.

  • October 23, 2020

    Glencore Pauses $1.6M Suit As Insurers Probe Tanker Claim

    Commodities and mining giant Glencore Ltd. has paused its attempt to claw back $1.6 million that the company incurred in losses from five major insurers after an oil tanker was grounded in 2013. 

  • October 23, 2020

    Deutsche Says Broker Didn't Help Recover Insurance Claims

    Deutsche Bank has said that a broker it hired to recover more than $2 million in insurance claims it was owed as security for unpaid loans is not entitled to a commission as the company did not directly move negotiations along or provide information critical to clawing back the cash.

  • October 23, 2020

    Virgin Holidays Pledges £200M Refunds After CMA Steps In

    Virgin Holidays has promised to refund £203 million ($265 million) to customers whose holidays were canceled amid the COVID-19 outbreak after the U.K.'s consumer protection watchdog threatened to take the company to court.

  • October 22, 2020

    Clyde & Co. Snags Foley Hoag Int'l Arbitration Team In Paris

    U.K.-based Clyde & Co. LLP said it has hired two partners from U.S. law firm Foley Hoag LLP along with two associates for its international arbitration group in Paris as the global law firm looks to grow its European disputes practice.

  • October 22, 2020

    Austria Can Tax S. Korean Cell Service, ECJ Adviser Says

    South Korea's largest wireless carrier might be subject to tax for services it provided to customers temporarily staying in Austria after an adviser to Europe's highest court said Thursday those services could be considered supplied in Austria.

  • October 22, 2020

    Eli Lilly Fights To Challenge Teva Migraine IP Despite Deal

    Eli Lilly urged a London judge on Thursday to rule that a license agreement it reached with Teva Pharmaceuticals over its patents for a migraine treatment doesn't stop it from now challenging Teva's bid to extend the timeline on those patent rights.

  • October 22, 2020

    German Food Packaging Co. Can't Shed €21M Cartel Fine

    Europe's top court on Thursday upheld a €21 million ($24.8 million) antitrust fine imposed on a German food packaging company for allegedly fixing the price of packaging trays with its competitors, ruling it wasn't an abuse of process not to hear every witness.

  • October 22, 2020

    NatWest Accused Of Misleading Care Home In Crisis-Era Swap

    A British nursing home accused National Westminster Bank PLC on Thursday of misleading its director over the purpose and portability of an interest rate swap, kicking off a trial over whether the financial product was improperly sold.

  • October 22, 2020

    Amgen Cholesterol IP Suit Restarts As EPO Decision Looms

    A London judge on Thursday lifted a stay on Amgen's suit to block a cholesterol drug from Sanofi-Aventis and Regeneron, releasing the defendants from an agreement to be bound by an imminent European Patent Office decision on the patents' validity.

  • October 22, 2020

    Medical Co. Denied Bid To Appeal In Royal Mail Antitrust Suit

    A judge in London refused to let a medical services provider appeal part of a decision in its suit accusing Royal Mail of anti-competitively limiting the company's ability to ship home testing kits for detecting sexually transmitted diseases.

  • October 22, 2020

    Deutsche Bank Says Italian Law Doesn't Stop Sicily Swap Suit

    Deutsche Bank has argued that the government of Sicily cannot rely on local Italian laws to attempt to avoid a High Court lawsuit brought to enforce the terms of an agreement that restructured the region's debts.

  • October 22, 2020

    NatWest Accused Of Disclosure Fraud In £14M Case

    Gaps in the evidence that NatWest has turned over in a £14 million ($18.3 million) lawsuit over its scandal-hit restructuring group hint at irregularities and raise suspicions that the bank is fraudulently withholding information, counsel for a businessman told a judge on Thursday.

  • October 22, 2020

    Insurer Drops Key Wording For FCA Test Case Appeal

    RSA Group PLC has dropped key policy wording from its Supreme Court appeal against a judgment in a test case over insurance for business interruption, a step that has been described as a victory for small businesses.

  • October 21, 2020

    Pacific Drilling Can't Challenge $320M Award To Samsung Unit

    Pacific Drilling SA has lost its bid to challenge a London tribunal's award ordering it to pay $320 million to Samsung Heavy Industries Co. Ltd., one of the world's largest shipbuilders, following a dispute over a soured $517.5 million contract to construct an ultra-deepwater drillship.

  • October 21, 2020

    Kobre & Kim Faces Possible Conflict In $10B Award Fight

    A dispute has arisen over whether Kobre & Kim could be conflicted out of representing an engineering company that's trying to enforce a nearly $10 billion arbitral award against Nigeria, after the firm offered a job to a U.K. lawyer who may have seen information that is confidential to the country.

  • October 21, 2020

    Judge Rejects Side Deal Claim, OKs Bid For $34M Award

    A London judge ruled Wednesday that an investor can go after the $34 million due from a 2018 arbitration award, rejecting arguments from the owner of the investment vehicle that the two sides had an oral deal not to accelerate payment.

  • October 21, 2020

    HSBC Ordered To Search Trader Chats In ECU Forex Fight

    A London judge has ordered HSBC to manually trawl through traders' messages dating back to 2004 as part of a long-running dispute with a currency company over allegations it rigged foreign exchange markets.

  • October 21, 2020

    ECB Wins EU Appeal Over Failed Portuguese Bank Disclosure

    The European Central Bank was within its rights to refuse to disclose information from meetings that led to its suspension of aid to the now-collapsed Banco Espirito Santo SA, the EU's top court ruled Wednesday.

  • October 21, 2020

    Russian Bank Beats Challenge To €17M Italian Property Sale

    The Court of Appeal refused on Wednesday to impede an attempt by a Russian bank to sell three Italian properties worth €17 million ($20 million) to recoup debts owed by a businessman, ruling that the latest legal challenge to the sale was a disingenuous ploy to frustrate the lender.

  • October 21, 2020

    Chappell Blames Ex-BHS Owner For Woes At Tax Fraud Trial

    The owner of high street chain BHS told a London jury on Wednesday that the company's former owner, British retail tycoon Phillip Green, misled him about its pension deficit and promised "as a knight of the realm" to resolve a dispute with the pensions regulator.

Expert Analysis

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • G4S Deferral Agreement Illustrates SFO's Enforcement Focus

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    The Serious Fraud Office’s recent deferred prosecution agreement with multinational security services company G4S suggests the agency’s approach to compliance, program remediation and corporate renewal is evolving to favor parent company involvement and the appointment of independent compliance monitors, say Chris Roberts and James Ford at Mayer Brown.

  • 2 High Court Cases Highlight Comity Principles

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    High Court decisions in National Bank of Kazakhstan v. Bank of New York Mellon and Riverrock Securities v. Bank of St. Petersburg serve as a useful reminder that the principle of comity may require English courts to exercise judicial restraint, even where their assistance has been sought by foreign courts, say Egishe Dzhazoyan and Kabir Bhalla at King & Spalding.

  • Nigerian Oil Spill Ruling Shows Limits Of UK Class Actions

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    The High Court of Justice of England and Wales recently required thousands of Nigerians suing Shell in London over an oil spill to provide individual evidence of damage and individual defenses in Jalla v. Shell, illustrating how U.K. class action claimants must truly have a common interest, say attorneys at Signature Litigation.

  • Court Support For Mediation Refusal Is Diminishing

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    In light of the increasing prevalence of alternative dispute resolution methods and the surge of post-pandemic litigation, parties can no longer rely on the perceived strength of their case as an excuse to avoid mediation, says Russell Strong at Zaiwalla & Co.

  • Is It Better To Face Prosecution In The US Or UK?

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    A Unaoil executive's recent decision to plead guilty to Foreign Corrupt Practices Act violations in the U.S. rather than facing bribery prosecution in the U.K. highlights strategic considerations for individuals facing criminal charges in multiple jurisdictions, says Joshua Ray at Rahman Ravelli.

  • Key Points From New Blockchain Legal Guidance

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    Mark Dawkins and Jenny Arlington at Akin Gump analyze the Law Society and Tech London Advocates' recent guidance on blockchain, smart legal contracts, crypto assets and other advanced technologies, and explain why legal practitioners should familiarize themselves with it.

  • Leveraged Trading, Margin Calls And The 'Retail Client'

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    A rise in margin losses due to pandemic-related market turbulence could lead to disputes in the context of leveraged trading products, and retail investors involved in such disputes should pay particular attention to recent additions to the Financial Conduct Authority Handbook, says Katherine Harper at Forsters.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • Why Damages-Based Agreements Aren't More Popular

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    Although the U.S. contingency fee model may seem attractive, similar fee structures in the U.K. risk being deemed unenforceable based on any alleged noncompliance with the establishing statutes, as a recent High Court of Justice case shows, says Andy Ellis at Practico.

  • Creditors Welcome UK Supreme Court's Reflective Loss Decision

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    The U.K. Supreme Court's recent Sevilleja v. Marex decision benefits creditors and other stakeholders by excluding their claims from the reflective loss principle, which precludes third-party complaints that merely reflect company loss, say Robert Fidoe and Jack Moulder at Watson Farley.

  • Challenging The Use Of Anchor Defendants In UK Litigation

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    With the merits test for anchor defendants in U.K. litigation involving European Union defendants back before the English courts this summer, the London High Court's recent decision in Tsareva v. Ananyev provides useful precedent for jurisdictional challenges to anchor defendants' inclusion, say Egishe Dzhazoyan and Kateryna Frolova at King & Spalding.

  • How Credit Card Fee Antitrust Cases Fare In UK Versus US

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    When compared with the U.S. Supreme Court’s Ohio v. American Express opinion, two recent U.K. Supreme Court rulings holding that credit card companies' payment schemes violated antitrust law suggest that corporations operating two-sided platforms are much more likely to win an antitrust case in the U.S., say Allison Gorsuch and Lauren Weinstein at MoloLamken.

  • LCIA's 2020 Rules Play Catch-Up With Venue Rivals

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    The London Court of International Arbitration's 2020 rules governing its processes and procedures include welcome improvements in the technological space, but may merely mimic what is already happening in tribunals across the globe, says Shantanu Majumdar at Radcliffe Chambers.

  • UK Ruling Shows Global SEP Enforcement Dilemma

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    The U.K. Supreme Court's recent ruling that U.K. judges have the power to set extraterritorial licensing royalty rates for standard-essential patents highlights a problem with global patent enforcement coordination and efficiency that could potentially be solved through the Patent Cooperation Treaty, says Roya Ghafele at Oxfirst.

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