Commercial Litigation UK

  • November 18, 2022

    Cineworld Rent Claim Paused For COVID Arbitration Scheme

    A judge agreed on Friday to stay a claim for more than £1 million ($1.2 million) for outstanding rent from a Cineworld cinema site in London that was not paid during the coronavirus pandemic, pending the outcome of a statutory arbitration process.

  • November 18, 2022

    Tecnimont Backs Banks In Russian Biz's €212M Bond Suit

    An Italian industrial group has urged a London court to rule in favor of two European banks fighting a lawsuit brought by the Russian subsidiary of fertilizer producer EuroChem over their failure to pay it €212 million ($220 million) in bonds because of sanctions against Moscow.

  • November 18, 2022

    Finance Software Biz Sues For $2.3M Over $21M Deal

    A compliance software business has launched a $2.3 million lawsuit over a $21.1 million buyout, claiming that it wasn't told that lucrative client contracts held by its target company were about to expire.

  • November 18, 2022

    Two Tech Cos. Battle Over Use Of 'Wise' In Branding

    Software company WithWise has rejected the claim that the word "Wise" in its branding violates a trademark, arguing that its use of the term predates that of the financial technology business making the claim.

  • November 18, 2022

    FCA Censures Ex-Bangladeshi Bank CEO For AML Breaches

    The Financial Conduct Authority said Friday it has publicly censured the former chief executive of the U.K. subsidiary of a Bangladeshi state-owned bank, saying it lacked any prospect of enforcing payment of the £76,400 ($91,000) fine imposed for anti-money laundering failings.

  • November 18, 2022

    Kuwait Seeks To Limit London Embassy Doc's Damages Claim

    A former in-house doctor at the Kuwaiti embassy in London should not be allowed to expand his £715,000 ($852,000) claim for alleged race discrimination, the Gulf state's government argued at a U.K. employment tribunal on Friday.

  • November 17, 2022

    Nigerian Energy Co. Loses Award Challenge In $2B Loan Fight

    An English court has tossed a challenge by Nigerian energy conglomerate Aiteo against an arbitral award asserting a tribunal's jurisdiction over a claim brought by lenders against the company in their dispute seeking money owed under a $2 billion loan.

  • November 17, 2022

    Finnish Gas Co. Doesn't Need To Pay Gazprom In Rubles

    Gasum, Finland's state-owned energy company, says an arbitral tribunal has ruled that it is not obligated to pay a subsidiary of Russian supplier Gazprom for natural gas in rubles rather than in euros.

  • November 17, 2022

    Prosecutor Not Exempt From Review Despite Disability

    An employment tribunal has ruled that a Crown prosecutor who took a year's absence because of stress arising from PTSD and other conditions is not exempt from a 2018 performance review, and that the comments given during the review were justified.

  • November 17, 2022

    Former Clients Sue Freeths Over Property Sale Advice

    Two former clients of Freeths LLP have filed a lawsuit against the U.K. law firm, accusing it of giving bad advice that deterred them from buying back a property when a company set up to purchase it from them was going into insolvency.

  • November 17, 2022

    Law Bodies Call For Urgent Changes To Court System

    A body representing solicitors warned on Thursday that cuts to justice spending would likely lead to a complete system breakdown following the U.K. government's latest budget, as the Bar Council separately cautioned that courts were crumbling after decades of neglect.

  • November 17, 2022

    Plastic Maker Fights £9.5M Suit Over Dodging M&A Advice Bill

    Plastics company British Polythene Industries has tried to brush off claims that it owes a corporate finance adviser £9.5 million ($11.2 million) after allegedly refusing to pay its bill following a buyout by packaging giant RPC Group.

  • November 17, 2022

    Gym Worker's 'Bite This' Line Justified Firing, Council Says

    A gym employee who told a colleague to "bite this" while pushing her head toward the ground was fairly dismissed, his former employer, an English city council, argued at an appellate tribunal Thursday.

  • November 17, 2022

    Willkie Partner Rebuked Over Dangerous Driving Conviction

    A legal industry regulator has fined a Willkie Farr & Gallagher LLP competition partner after he was convicted of dangerous driving for accelerating toward a man in an attempt to frighten him.

  • November 17, 2022

    GE Reward Program Doesn't Trigger VAT Rules, ECJ Says

    An employee reward program set up by a British arm of General Electric that gives benefits to high-performing employees does not fall within the scope of European Union law on value-added tax, the European Court of Justice ruled Thursday.

  • November 17, 2022

    Bayer Says Sandoz, Accord Will Infringe UK Xarelto Patent

    Bayer has claimed that two rival drugmakers, Sandoz and Accord, plan on releasing generic blood-thinning treatments that will infringe a key U.K. patent for its best-selling drug Xarelto, shortly after the two companies asked a London court to revoke the patent.

  • November 16, 2022

    UK, French Firms Launch EU Patent Court Litigation Alliance

    European intellectual property firm EIP and French IP firm Amar Goussu Staub have formed an alliance to handle litigation before the international Unified Patent Court, which is set to open its doors in April.

  • November 16, 2022

    Ex-Hemp Trade Body Worker Fails To Save Whistleblower Suit

    A former hemp and cannabis administrator has failed to resurrect a suit against his former employer over allegations of embezzlement after a judge ruled he had waited too long to sue.

  • November 16, 2022

    What To Do When Someone Blows The Whistle

    Employers often mistreat whistleblowers, lawyers have warned, as the number of claims brought at tribunal by employees who believe they have suffered retaliation for raising concerns reaches a new high.

  • November 16, 2022

    FCA Risk Manager Loses Bid To Retry Whistleblowing Suit

    A former risk manager at the City watchdog could not convince a London tribunal to revive a claim that he was unfairly dismissed after making several disclosures to managers regarding systematic financial issues.

  • November 16, 2022

    Tribunal Takes 1st Crack At Rules For Class Communications

    Britain's antitrust tribunal grappled for the first time on Wednesday with what kind of communications can and cannot be sent to potential members of consumer class actions after a group of car carriers in a cartel claim sent letters to businesses allegedly urging them to opt out.

  • November 16, 2022

    Moderna Fights Pfizer's Bid To Invalidate Vaccine Patents

    Moderna has pushed back at Pfizer's move to bring an international patent dispute over mRNA vaccine technology to the U.K., denying that two of its patents protecting the inventions should be revoked as the international dispute between the rival biopharmas steams ahead.

  • November 16, 2022

    Berkeley Faces £15.6M Suit Over Grenfell-Style Cladding

    Developer Berkeley Homes and one of its contractors face a £15.6 million ($18.6 million) lawsuit after allegedly installing flammable Grenfell-style cladding and insulation on a London student accommodation block.

  • November 16, 2022

    EU Finance Watchdogs Call For 'Greenwashing' Evidence

    European Union financial regulators have called for evidence as they seek to improve their understanding of the motivation and risks associated with so-called greenwashing practices to support future policymaking and regulation.

  • November 16, 2022

    Cash Handler Unfairly Sacked For Racist Joke, Tribunal Says

    An employment tribunal has ruled that a cash processing company unfairly fired a worker after he posted a racist joke on its internal social network because it failed to carry out a proper investigation and could have punished him less severely.

Expert Analysis

  • Class Actions Set To Reshape Europe's Litigation Landscape

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    The implementation at the end of the year of the EU Directive on Representative Actions, allowing more cross-border mass litigation throughout Europe, means we will likely see a wave of class action legislation, and with plaintiffs incentivized to file claims, companies, courts and law firms will have to adapt to the ensuing new legal challenges, say attorneys at Gibson Dunn.

  • UK Service-By-NFT Ruling Opens Doors For Fraud Victims

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    By permitting a claim in a cryptocurrency fraud case to be served via non-fungible token to otherwise-untraceable defendants, the English High Court is adapting existing legal principles to create tools that may offer better recourse to victims of digital asset fraud, say attorneys at Dechert.

  • UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent

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    The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.

  • CMA Fashion Industry Probe Is A Greenwashing Warning

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    An investigation into the green claims made by three major fashion retailers confirms that the U.K. Competition and Markets Authority is willing to take a robust enforcement approach and is a reminder that all businesses should be taking steps to ensure the accuracy of environmental claims about their products and services, says Kate Gee at Signature Litigation.

  • How Greenwashing Litigation Is Affecting Financial Services

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    A rising demand for sustainable investment is likely to lead to an increase in claims of greenwashing, where a company's marketing falsely portrays its output as producing positive environmental outcomes, which carries risks for investors and insurers, says Kirsty Finlayson at Browne Jacobson.

  • EU And Turkey Show How To Break WTO Appeal Impasse

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    As the Appellate Body of the World Trade Organization has been nonfunctional since 2019, the significance of the recent settlement of an appeal arbitration between the EU and Turkey cannot be overstated, says Akshay Sewlikar at Linklaters.

  • Zara TM Ruling Shows Prefiling Clearance Is Always Advisable

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    The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.

  • Dutch Merger May Promote Behavioral Remedies Across EU

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    A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.

  • Latest Cum-Ex Fine Signals Increased FCA Scrutiny

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    The TJM Partnership's recent fine by the Financial Conduct Authority for compliance failings linked to suspected cum-ex trading highlights the importance of businesses having in place adequate in-house procedures to reduce the risk of financial crime and money laundering, says Nicola Sharp at Rahman Ravelli.

  • How Will UK Address AI Patent Infringement?

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    As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.

  • Pandemic Rent Ruling Is A Blow To Commercial Tenants

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    The recent U.K. Court of Appeal decision in London Trocadero v. Picturehouse demonstrates that even exceptional COVID-19-related circumstances will not induce courts to interfere with a previously considered allocation of risk between parties or imply terms in a contract, says Gurpreet Sanghera at Simkins.

  • Unfair Trading Claims May Reshape Collective Proceedings

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    The U.K. Competition Appeal Tribunal's recent certification of several collective proceedings based on unfair trading claims could signal the tribunal's willingness to entertain more consumer protection class actions — and herald open season for firms seeking to cash in on lucrative opt-out group litigation, say Sarina Williams and Alex Hannington at Linklaters.

  • Law Commission's 'Data Objects' Proposal Is Far-Reaching

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    The Law Commission’s proposals to recognize data objects as a new category of personal property would bring fundamental changes were they to be implemented, and would have significant ramifications for finance litigation, say attorneys at Norton Rose.

  • Cayman Courts Shift Toward More Efficient Case Management

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    Recent Cayman Islands court decisions evidence a move toward a more robust case management style, with an increasingly flexible and progressive approach to case management stays and a welcome focus on fairness, efficiency and proportionality, say attorneys at Appleby.

  • ESG Ruling Sends Out Warning To UK Parent Companies

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    U.K.-based parent companies with extensive overseas activities should pay close attention to the U.K. Court of Appeal's recent ruling in Municipio de Mariana v. BHP, since in applying a relatively low bar for determining whether mass environmental claims of this nature can proceed to trial, the potential for such claims is likely only to increase in coming years, say attorneys at Shearman.

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