Commercial Litigation UK

  • January 22, 2020

    ECJ Adviser's Glaxo Opinion A Boost For Pay-For-Delay Fines

    A European Court of Justice advocate general said Wednesday that the court should back £44.99 million ($59 million) in U.K. government fines against GlaxoSmithKline PLC and generic-drug makers accused of cutting anti-competitive pay-for-delay deals, in an opinion that could have important implications for other pay-for-delay cases before the top court.

  • January 22, 2020

    Swipe-Fee Fight Turns To Antitrust Exemption At Top UK Court

    Britain's top court should hold Visa and Mastercard to a high standard of proof if their interchange fees are to be exempt from EU competition law under a provision designed to shield restrictive agreements that ultimately benefit consumers, three retailers said in arguments Wednesday.

  • January 22, 2020

    Aviation Mogul's Hacked Emails At Center Of UAE Fraud Claim

    A cache of emails divulged by a hacker revealed that an aviation magnate was a “serial fraudster” who dishonestly reaped millions from an Emirati state-owned investment authority, the fund’s counsel said during opening trial statements Wednesday.

  • January 22, 2020

    Credit Suisse Gets Ex-Employee's 'Espionage' Claims Cut

    A London judge pared back a £46 million ($60 million) lawsuit brought against Credit Suisse by a former director who was jailed in Romania on espionage charges, but ruled on Wednesday that the bank could still have to pay him back after his career was ruined.

  • January 22, 2020

    Ex-Kazakh PM Slams ENRC's 'Incoherent' Suit Over SFO Leak

    The former prime minister of Kazakhstan has denied leaking confidential information about a mining giant to the Serious Fraud Office, saying the “incoherent” allegations should be severed from the latest suit connected to the Kazakh company’s complex legal battle with the agency.

  • January 22, 2020

    Serco Shareholders Sue Over Stock Dive After Fraud Probe

    Dozens of shareholders in Serco are suing the company at the High Court to seek compensation after share prices were devastated in 2013 by fraud and false accounting revelations over the electronic tagging service the security outsourcing giant operated for the government.

  • January 22, 2020

    Pension Co. Loses Demand For Docs At £86M FCA Trial

    A judge barred a pension company on Wednesday from seeing documents linked to an investigation by the Financial Conduct Authority into its business partners, hindering its efforts to deflect blame for allegedly misleading consumers at an £86 million ($113 million) trial.

  • January 21, 2020

    NY Settlement Lets Goldman Sachs Exit La. Bond-Rigging Suit

    A Louisiana federal court said Tuesday that a $20 million settlement in a different case allows Goldman Sachs & Co. LLC to exit a suit alleging the Wall Street titan and other major banks rigged the price of bonds issued by government-sponsored entities such as Fannie Mae and Freddie Mac.

  • January 21, 2020

    Insurer Fighting Fire Damages Award Faces Doubtful Judges

    A panel of appellate judges expressed skepticism Tuesday at an insurer’s contention that a U.K. bedding weaver was overpaid by more than £1.4 million ($1.8 million) for losses suffered in a fire.

  • January 21, 2020

    EU Court Adviser Backs Hungary's Bid To Revive Tobacco Tax

    An official adviser to the European Union's highest court has recommended that it side with Hungary in its appeal of an EU order that the country temporarily suspend a hygiene inspection fee and tax on tobacco.

  • January 21, 2020

    Pensions Co. Raked In Huge Fees As Savers Lost, FCA Says

    A pensions “introducer” promised consumers unrealistic, sky-high returns if they sunk their retirement savings into risky overseas investments and reaped huge commission fees as the projects failed, the financial services watchdog said at trial Tuesday.

  • January 21, 2020

    Grant Thornton Fights Damages Award Over Botched Audit

    Grant Thornton UK LLP told an appellate court on Tuesday that it should not have to pay £22.4 million ($29.2 million) in damages to a fire engine provider it audited in 2009 because the losses did not fall within the scope of the accounting company’s duty.

  • January 21, 2020

    Raiffeisen Bank Loses Docs Fight Again In Coal-Mining Row

    An appellate court in London ruled on Tuesday that Austrian lender Raiffeisen Bank cannot be given the instructions received by Ashurst LLP over the sale of shares in an international coal-mining group because the materials are privileged.

  • January 20, 2020

    IBM Willfully Breached Deal, Insurer Says At £130M Trial

    IBM willfully defaulted on a contract to build an IT system for a British insurance company and was “reckless to the consequences of that breach,” an attorney for the insurer said Monday at the start of a £130 million ($170 million) trial.

  • January 20, 2020

    Allianz Hit With £3.6M Suit Over Property Refit Dispute

    A real estate investor is suing Allianz and another insurer for £3.6 million ($4.7 million) for allegedly failing to pay for the cost of fixing defective refurbishment work carried out on the tallest residential block in an eastern English county.

  • January 20, 2020

    LC&F Administrators Get Replacement For Conflicted Trustee

    A judge has named a new trustee for London Capital & Finance following his recent decision that Global Security Trustees Ltd. was too much in conflict over its links to the collapsed bond firm to maintain the confidence of bondholders.

  • January 20, 2020

    Visa, Mastercard Interchange Fee Battles Land At Top Court

    Competition was not restricted by the way that Visa and Mastercard set interchange fees in Britain, a lawyer for one of the credit card giants told the Supreme Court on Monday in a long awaited appeal.

  • January 20, 2020

    30 Advisers Exit Pensions Transfers Over Litigation Woes

    Rising costs of insurance for financial advisers have caused more than 30 companies to stop offering pensions transfer advice in the last three months, the Personal Finance Society warned on Monday.

  • January 17, 2020

    BigLaw Arbitration Specialists Are Among 114 New QCs

    Six international arbitration lawyers from Freshfields Bruckhaus Deringer LLP, White & Case LLP, Herbert Smith Freehills LLP, Blackstone Chambers and Clyde & Co. LLP are among the 114 new Queen's Counsel who will formally become silks in March.

  • January 17, 2020

    Britvic Dealt Blow In Pension Rate Increase Dispute

    Soft drink maker Britvic PLC cannot lower the rate it applies to inflationary increases in employee pension plans that are already being paid out, a judge in London ruled on Friday.

  • January 17, 2020

    Owner Must Pay Costs After $23M Sunken Ship Suit Sinks

    A Panamanian shipping company that gave up its fight to recover $22.5 million for a sunken container ship from insurers who alleged the vessel was sabotaged must pay a portion of the insurer's costs for taking the ship’s owners to court, a judge ruled Friday.

  • January 17, 2020

    RBS Demands £24M From Insurers Over Madoff Fraud Losses

    The Royal Bank of Scotland has taken aim at five insurers who wrote computer fraud policies for one of its subsidiaries, saying it is owed more than £24 million ($31.3 million) for losses caused by Bernard Madoff’s investment vehicle.

  • January 17, 2020

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

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 17, 2020

    Shipper Settles Spoiled Milk Fight With Dairy Co.

    Shipping giant MSC Mediterranean and a Kuwaiti insurer have settled a lawsuit at the High Court in London over damage to a cargo of milk powder and cigarettes, ending a battle over whether bad weather was at fault.

  • January 17, 2020

    Insurers Rip Maersk’s Cybersecurity In $1M Cargo Loss Claim

    Allianz, AXA and food companies cast doubt on claims by Maersk Line AS that a cyberattack caused more than $1 million in cargo losses back in 2017, but said if that were true, flaws in the shipping giant’s computer security were to blame.

Expert Analysis

  • Mandatory Mediation May Lie Ahead For England And Wales

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    The U.K. Court of Appeals' decision in Lomax v. Lomax, among other recent developments, show significant judicial support for compulsory mediation of appropriate civil and commercial cases in England and Wales, say Margarita Michael and Grace Spurgeon of O'Melveny.

  • Some Clarity On Inventor-Employee Compensation In The UK

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    The recent U.K. Supreme Court decision in Shanks v. Unilver swept away a perception that some employers are simply too big to pay inventor compensation under the U.K.’s statutory compensation provisions, and may offer some hope to prospective employees, say attorneys at Haseltine Lake.

  • Key Risks And Developments For UK Law Firm Culture In 2020

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    In 2020, law firms throughout the U.K. will be increasingly reshaped by rapid changes in societal expectations and advances in technology, say Helen Rowlands and Niya Phiri of Clyde & Co.

  • The Outlook For Autonomous Vehicles In The UK And US

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    As both the U.K. and U.S. governments continue to develop regulatory frameworks for autonomous vehicles, manufacturers can take certain steps to avoid litigation and manage risk, say attorneys at FaegreBD.

  • PayPal Case Illustrates Difficulty Of Avoiding CMA Penalties

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    The U.K. Competition and Markets Authority's recent fine against PayPal for violating U.K. merger control rules — despite the company's attempts to put safeguards in place — demonstrates how rigid the CMA can be when it comes to initial enforcement orders, say attorneys at Fried Frank.

  • Huawei Case Might Mean UK Forum Sets Global FRAND Rates

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    The U.K. Supreme Court’s eventual opinion in Unwired Planet v. Huawei will decide whether English courts are a proper forum for determining global fair license terms for standard-essential patents, and there are several reasons to question the English courts' creation of this approach, says Thomas Cotter of the University of Minnesota Law School.

  • Perspectives

    Artisanal Miners' Roadblocks To Justice: Is A Path Clearing?

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    Efforts to give small-scale gold miners, who face displacement, pollution and violence at sites around the world, access to fair and functioning justice systems have met with apathy from politicians and fierce resistance from powerful business lobbies, but there are signs that this may be changing, says Mark Pieth, president of the Basel Institute on Governance.

  • Norwich Pharmacal Orders Remain Vital In The Internet Age

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    Norwich Pharmacal orders, which can require third parties to reveal vital information despite duties of confidentiality, have proven to be a versatile remedy in a wide range of cases over the decades. Today, they remain relevant because websites provide platforms for anonymous wrongdoing, says Simon Bushell of Signature Litigation.

  • Latest Mastercard Ruling Is A Milestone For UK Class Actions

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    A London appeals court recently revived a £14 billion proposed class action against Mastercard for charging high credit card fees, which represents a fillip for consumers in the ultimate David vs. Goliath contest but is not a slingshot to success just yet, say attorneys at FaegreBD.

  • UK Confiscation Order Ruling Is A Win For Prosecutors

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    Prosecutors will be glad that an English appeals court's recent judgment in Fulton v. Regina joins other Proceeds of Crime Act decisions in confirming that a court does not need to show leniency or resolve ambiguities in favor of an offender when making a confiscation order, says Nick Barnard of Corker Binning.

  • UK Antitrust Watchdog Proposals Would Bolster Enforcement

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    The U.K. Competition and Markets Authority's proposals for reshaping competition enforcement and consumer protection would shift the historical balance in U.K. competition policy, increasing regulatory burden on companies while weakening judicial scrutiny of CMA actions, says Bill Batchelor of Skadden.

  • Proposed Arbitration Law May Be A Misstep For India

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    A proposed Indian law, which could have the effect of excluding non-Indians from acting as arbitrators, is threatening to undermine the country's ambition to become an important seat of international arbitration, says Sarosh Zaiwalla of Zaiwalla & Co.

  • UK Patent Law: Hot Topics Of 2018 And What's Ahead

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    English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.

  • UK Litigation And Guidance Highlight Cybersecurity Risk

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    Recent developments in the United Kingdom emphasize the importance of companies implementing cybersecurity measures proactively both to prevent incidents and to argue in mitigation when, not if, the company does suffer a data breach, say Guillermo Christensen of Ice Miller LLP and Anupreet Amole of Brown Rudnick LLP.

  • Attorney-Client Privilege Must Be Reclaimed In The UK

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    The House of Lords' landmark decision in Three Rivers v. Bank of England significantly undermined confidentiality of communications between lawyers and clients. The U.K. Supreme Court should review this case as soon as possible, says Quentin Bargate of Bargate Murray Ltd.