Commercial Litigation UK

  • November 11, 2022

    Ex-Soccer Club Exec Gets Asset Freeze Lifted In Fraud Fight

    A judge lifted a freezing order on Friday on the assets of a former director of Leeds United Football Club that was imposed in a dispute with a private equity firm, as he urged caution when deploying the "nuclear weapon" of English law.

  • November 11, 2022

    Solicitor Fined For Inappropriate Conduct In Work For Friend

    A London tribunal has ordered a criminal defense solicitor to pay £50,000 ($59,000) for "deliberate, calculated and repeated" misconduct over a three-month period while helping a friend in a custody dispute, including repeatedly going to her former husband's home.

  • November 11, 2022

    Anti-Discrimination Enforcement Needs Overhaul, Group Says

    Britain's failure to bring enforcement action over workplace discrimination has disproportionately hit the country's lowest earners, who are far less likely to go to the employment tribunals even though bias at work remains rampant, new research says.

  • November 11, 2022

    Law Firm Manager Fined Over Legal Aid Payments

    The Solicitors Disciplinary Tribunal has fined a law firm's owner and its compliance officer for misusing money received from the Legal Aid Agency for professional disbursements.

  • November 11, 2022

    Polish Private Jet Worker Loses Bias Suit Over 'Gypsy' Remark

    An employment tribunal has ruled that a Polish analyst at a charter jet company did not suffer from racial harassment or discrimination when a colleague referred to him as a "gypsy" on numerous occasions.

  • November 11, 2022

    Former Goldman Banker Settles £20M Whistleblowing Suit

    A former employee of Goldman Sachs International has reached a settlement in his £20 million (£23 million) whistleblowing lawsuit against the bank after accusing it of breaking financial regulations.

  • November 11, 2022

    AA Boss Sues Lawyers Over Lost 'Fracas In A Bar' Lawsuit

    A former motoring organization executive who was fired over a "fracas in a bar" accused his former solicitors at the start of a trial on Friday of negligently failing him when he sued his former employer, causing him to lose hundreds of thousands in legal fees.

  • November 11, 2022

    Teva Wins Challenge To Novartis' Blood Transfusion Patent

    Generic drug manufacturer Teva has succeeded in its bid to invalidate two patents owned by Novartis AG, as a London court found that the pharmaceutical giant's intellectual property for a blood transfusion medicine lacked novelty.

  • November 11, 2022

    E-File Deadlines Run Til Midnight, Appeals Court Rules

    The Court of Appeal assured commercial litigators on Friday that traditional close-of-business deadlines do not apply to documents filed electronically after a software license reseller tried to argue that Microsoft had missed an opening to challenge its £270 million ($306 million) antitrust suit.

  • November 11, 2022

    Court Backs FCA Petition To Wind Up 8 Investment Firms

    The Financial Conduct Authority said Friday that the High Court has ordered the winding up of eight linked financial services firms that offered investment services beyond the credit broking permissions the watchdog gave them, which posed significant risk to consumers.

  • November 11, 2022

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

    The past week in London has seen pharmaceutical giant Teva begin a new patent claim against rival Bayer, car parts manufacturer Denso sued by Jaguar Land Rover in a competition claim, and Jeremy Corbyn's former executive director of Leader of the Opposition's Office sue the Times Newspaper in a defamation case.

  • November 11, 2022

    Personal Injury Test Cases Go Straight To Appeals Court

    The Court of Appeal is due to hear a test case within weeks that experts hope will close a major legal loophole created by the government's controversial "whiplash" personal injury reform.

  • November 10, 2022

    Former Cleary Gottlieb Competition Law Pioneer Dies

    Cleary Gottlieb Steen & Hamilton LLP is mourning the loss of its former longtime competition practice leader who joined the firm's Brussels office in 2000 and led the practice for the next 15 years.

  • November 10, 2022

    Investment Fund Partly Loses Fight To Hide Clients' Identities

    There is no basis for a "zone of privacy" around litigants' identities in English law, an appeals court ruled Thursday, largely rejecting an investment vehicle's battle to conceal the identities of the people instructing its lawyers in a $100 million lawsuit against Credit Suisse.

  • November 10, 2022

    NCA Investigator's Firing Over Comments Ruled Reasonable

    The National Crime Agency was not unreasonable when it decided to dismiss an analyst accused of making racist comments about Muslim countries during a cultural awareness training, the Employment Tribunal has ruled.

  • November 10, 2022

    Ex-BP Trader Loses Whistleblowing Claim Over Africa Deals

    An employment tribunal ruled that a former oil trader at BP PLC was fairly dismissed after he raised concerns about the multinational giant using local agents in Nigeria to secure contracts with the country's state-owned oil company.

  • November 10, 2022

    Aviva Says Hotel Chain Fell Short On Safety In Fire Suit

    Building insurer Aviva says it doesn't have to pay out more than £6.2 million ($7.2 million) in damages to Britannia Hotels following a fire, claiming the U.K. chain failed to comply with its insurance policy.

  • November 10, 2022

    Charles Russell Brings On Sports Law Veteran

    Charles Russell Speechlys has announced its hire of a veteran Swiss attorney with a background in commercial sports law, including a stint working for world soccer's top governing body, to serve as a Zurich-based partner within the British law firm's sports team.

  • November 10, 2022

    Appeals Court To Weigh What Counts As Insured Loss

    A London appeals court is set to weigh in for the first time on what the definition of an insured loss is for the purposes of professional indemnity coverage, as Royal & Sun Alliance fights to avoid paying out to a Northern Irish law firm in its dispute with Brown Rudnick.

  • November 10, 2022

    Ex-Exec Sues Cannabis Biz For £1.8M Unpaid Compensation

    A businesswoman is suing a publicly listed medical cannabis company, saying it owes her compensation after firing her because she allegedly refused to stop making decisions on behalf of a subsidiary without the chief executive's approval.

  • November 10, 2022

    Barclays Hits Back Over Role In Breast Implant Fraud

    Lawyers for Barclays told a London court on Thursday that it is almost "impossible" to claim that the lender acted dishonestly during the restructuring of an insolvent medical company in a scheme to shield compensation from women given defective breast implants.

  • November 10, 2022

    Cartel Truckmakers Can Be Asked For New Evidence

    Buyers can ask truckmakers involved in a cartel to produce new evidence to help quantify damages in compensation claims brought against them, the European Union's top court ruled Thursday.

  • November 10, 2022

    Fake Dr. Dre Gig Promoters Forgot About Debt, Lender Says

    An investment management group told a London court on Thursday that the directors of a music promoter used a separate business account as "a personal piggy bank" as the firm sues for £2.2 million ($2.6 million) over the financing of Dr. Dre gigs that never happened.

  • November 10, 2022

    Bank Of Asia Chief Can't Retry Share Disclosure Ruling

    A company that belonged to a Bank of Asia co-founder violated its contract to give an American executive the equivalent of 22% interest in the bank's founding project, the top court for Britain's overseas territories ruled on Thursday.

  • November 09, 2022

    Barclays Accused Of Helping Defraud Breast Implant Victims

    Women who received dangerous breast implants and other creditors of an insolvent health care company accused Barclays and a U.K. law firm at trial Wednesday of participating in a scheme to restructure the business so it could avoid paying millions in compensation.

Expert Analysis

  • Latest Commercial Court Guide Reflects A Shifting Landscape

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    While the latest version of the Commercial Court Guide focuses on the future of litigation both culturally and practically, the guide covers many aspects of litigation procedure, some of which arguably signal shifting dynamics prompted by the COVID-19 pandemic, says Elizabeth Warwick at King & Spalding.

  • UK Courts May Be Signaling A Preference For Mediation

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    A recent ruling from the Queen's Bench Division may show that interest in compulsory alternative dispute resolution between parties is growing, and in addition to findings of contempt, the court has a range of tools at its disposal to see that its wishes are carried into effect, say Bryan Shacklady and Joe May at Forsters.

  • Rulings Offer Insight On Interim Remedies For Asset Recovery

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    While there are limits on what English courts will do to assist claimants with asset recovery before proceedings are heard in full, several recent rulings provide guidance on the scope of interim remedies, particularly as they relate to asset disclosure orders and the reliefs ancillary to those orders, say Kate Gee and Olivier Swain at Signature Litigation.

  • Bloomberg Privacy Ruling Reestablishes Balance In UK Law

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    The U.K. Supreme Court's recent ruling in favor of the respondent in Bloomberg v. ZXC restates the long-standing legal requirement for balance between freedom of expression and privacy rights in a criminal investigation, up until an individual is charged, say Lloyd Firth and Anna Gaudoin at WilmerHale.

  • How EU Proposal Would Affect Corporate Sustainability Duties

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    The European Commission recently released its proposal for a directive on corporate sustainability, human rights and environmental due diligence, that, if adopted, will have a substantial impact on the external corporate regulation and the internal corporate governance of the largest companies operating in the EU, says François Holmey at Carter-Ruck.

  • Navigating EU Sanctions Blocking After Bank Melli V. Telekom

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    The European Union Court of Justice’s Bank Melli v. Telekom decision portends more stringent enforcement of the EU sanctions blocking statute as the Office of Foreign Assets Control expands its extraterritorial reach — so companies with both U.S. and EU nexus should make sure they understand their conflicting obligations, says Kevin Gaunt at Hunton.

  • Evaluating M&S Bottle Design Infringement Case Against Aldi

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    A central issue in Marks & Spencer's recently filed intellectual property infringement suit over Aldi's Gold Flake Gin Liqueur bottles may be whether the informed user would have the same overall impression from the M&S registered bottle design and the Aldi designs, say Alex Borthwick and Fraser Simpson at Powell Gilbert.

  • Brexit's Effect On UK Trademarks, 1 Year Later

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    Charlotte Wilding at Wedlake Bell discusses the status of U.K. trademark rules and regulations one year post-Brexit, including a potential increase in intellectual property rights and challenges, delays at the Intellectual Property Office and a growth of innovation and divergence.

  • How Will UK Use New Penalties For Debt-Dodging Directors?

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    Thomas Shortland at Cohen & Gresser discusses the scope of the new disqualification regime for company directors who dissolve their businesses to avoid paying back state COVID-19 loans, and identifies factors that may affect how frequently the government exercises the new powers.

  • 3 Safe Passages To Avoid Sanctions Double Binds

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    The Court of Justice of the European Union's recent judgment in Bank Melli v. Telekom Deutschland shines light on safe passages through which businesses may navigate challenges posed by conflicting international sanctions and sanctions-blocking measures, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University Law School.

  • Ruling Highlights UK Courts' Approach To Climate Claims

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    The Scottish Court of Session's decision in Greenpeace Ltd. v. The Advocate General illustrates that courts in England, Wales and Scotland do not consider the effects of oil consumption to be a relevant consideration in the context of environmental impact assessments, thereby putting the issue of the justiciability of climate-related claims back into the spotlight, say Mark Clarke and Gwen Wackwitz at White & Case.

  • Issues To Watch In Potential English Arbitration Act Reform

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    Summary dismissal, confidentiality, technological updates and certain other topics that could fall under the England and Wales Law Commission's upcoming review of the 25-year-old Arbitration Act should be of particular interest to those considering an English-seated arbitration, say Neil Newing and Alasdair Marshall at Signature Litigation.

  • Investors May Reconsider Arbitration Seats After ECJ Ruling

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    The European Court of Justice's recent Moldova v. Komstroy decision undermines the attractiveness of European Union-seated investment arbitration as it highlights to investors that such proceedings can be subject to interference from EU courts, says Tomas Vail of Vail Dispute Resolution.

  • How Immune Are State Agents From Foreign Courts?

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    The ongoing case of Basfar v. Wong is the latest to raise questions about the boundary between commercial or private activity and the exercise of sovereign authority that shields state agents from foreign judicial scrutiny — and the U.K. Supreme Court's upcoming decision in the matter will likely bring clarity on exceptions to the immunity doctrine, say Andrew Stafford QC and Oleg Shaulko at Kobre & Kim.

  • Football Statistics Fight May Clarify Data Fouls Under GDPR

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    Expected litigation from a group of footballers against companies that mine and monetize their performance statistics would challenge the boundaries of permissible data collection and help define damages under the General Data Protection Regulation, says Kim Roberts at King & Spalding.

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