Commercial Litigation UK

  • September 27, 2022

    Russia Can't Escape $5B Award Fight, Yukos Unit Says

    The financing arm of Yukos Oil Co. is fighting back against Russia's efforts to persuade a D.C. federal court to toss litigation to enforce a $5 billion arbitral award against it, arguing Monday that the Kremlin waived its right to protest allegedly improper service in this case.

  • September 27, 2022

    UK Court OKs Stay For Mesh Suits Against Endo Unit

    An English judge Tuesday agreed to recognize the U.S. bankruptcy of a unit of pharmaceutical maker Endo International, pressing pause on U.K. product liability suits claiming damages from the unit's vaginal mesh devices.

  • September 27, 2022

    Insurers, Art Exhibitor Settle Forgery Coverage Fight

    An art exhibitor and a group of European insurers have settled their dispute over insurance payments amid an investigation into paintings seized by the Italian government in 2017 under suspicions of forgery, according to an order dismissing the case Tuesday.

  • September 27, 2022

    BioNTech And Pfizer Want CureVac COVID Patents Nixed

    BioNTech and Pfizer have asked a London court to invalidate two European patents for a rival's COVID-19 vaccine technology, bringing an international patent spat between the companies to the U.K.

  • September 27, 2022

    Barrister, Insurer Settle £50M Tax Claims With Investors

    A senior barrister and his insurer have reached a settlement with more than 100 investors in a £50 million ($53.9 million) film finance tax scheme seeking compensation for the losses they sustained when they had to foot large tax bills.

  • September 27, 2022

    NCA Fights To Keep Funds Frozen In Russia Sanctions Probe

    The U.K.'s top crime investigating agency made disclosure errors when it applied to freeze bank accounts used by a Russian billionaire amid an investigation into a suspected sanctions evasion, the billionaire's counsel told a London court Tuesday.

  • September 27, 2022

    UK Bank Escapes Tax On Loan Interest Under US Treaty

    HM Revenue & Customs can't impose £4.5 million ($4.8 million) in taxes on interest a Japanese-parented U.K. bank earned from a loan to a U.S. subsidiary, a U.K. tribunal ruled, saying a U.S.-U.K. double-tax treaty covered the transaction.

  • September 27, 2022

    Advanz Begins Appeal Of £100M CMA Drug Pricing Fine

    Pharmaceutical company Advanz and its two former private equity owners said Tuesday that a £100 million ($107 million) fine levied by the competition watchdog for charging the NHS too much for a thyroid drug is "manifestly wrong" at the start of an appeal challenge.

  • September 27, 2022

    Christian Doctor OK To Offer Spiritual Care In Deal With NHS

    A Christian doctor reached a settlement with the British National Health Service on Monday allowing him to pray with patients on the eve of his employment tribunal challenge to disciplinary measures.

  • September 27, 2022

    Director Accused Of Taking Payments From Insolvent Biz

    An insolvency litigation financing business has sued the director of a failed company and his wife, alleging misappropriation of more than £450,000 ($480,000) of funds before the company went into liquidation.

  • September 27, 2022

    Game Developer Countersues Studio In Shares Row

    A video game developer has countersued a company he founded in a bid to regain control of his shares after Failbetter Games won an injunction to prevent him from exercising his shareholder rights until a legal dispute between them is resolved.

  • September 27, 2022

    Pensions Biz Fights Suit Over 'Unsuitable' SIPP Choices

    Pensions company Carey has hit back at a lawsuit from 20 individuals with self-invested personal pensions, saying that it owed them no duty to consider the suitability of high-risk schemes that made no returns.

  • September 27, 2022

    How Removing Bank Bonus Caps Could Trigger Legal Fallout

    The government's removal of a cap on bankers' bonuses could unleash new and bigger legal challenges from disgruntled bank employees as an unexpected consequence of a broader post-Brexit plan to tear up regulations for financial services.

  • September 26, 2022

    Herbert Smith Offering Legal Course Certificate Via NFT

    Herbert Smith Freehills LLP announced on Monday that it would again provide a course on burgeoning technologies such as the metaverse and non-fungible tokens, or NFTs, with the addition of a new certificate transferred as an NFT.

  • September 26, 2022

    UK Law Firm TLT Launches New In-House Legal Tool

    U.K. law firm TLT LLP has launched a new online platform that allows in-house legal teams to track and manage their workflow, automate processes and capture data that can be used to improve their performance.

  • September 26, 2022

    Truss' Employment Law 'Bonfire' Prompts Worries For Attys

    The U.K. government's rollback of European law may have vast ramifications in employment, retiring gold-plated regulations that govern everything from working hours and maternity leave to workplace health and safety, leading experts to warn companies could face a compliance nightmare with the changes.

  • September 26, 2022

    Squire Patton Adds Another Brown Rudnick Insolvency Pro

    Squire Patton Boggs said Monday it has added another former Brown Rudnick LLP partner to its restructuring and insolvency practice less than one month after five insolvency specialists left Brown Rudnick for the firm ahead of predicted economic troubles.

  • September 26, 2022

    Deloitte Exec Fired For Bad Work Relationships, Not Race

    Deloitte's dismissal of a former cybersecurity executive was due to a breakdown in relationships with her colleagues, not because of discrimination related to her race or disability, a London tribunal has ruled.

  • September 26, 2022

    UK Plan To Boost Penalties For Lawyers Sparks Concern

    The U.K. government's second economic crime bill of the year sent shockwaves through the British legal profession, with leading trade bodies warning the proposal to eliminate fining caps would harm attorneys.

  • September 26, 2022

    Sky Retail Gets Most Of Bias Suit Tossed Over Filing Delay

    The retail arm of broadcasting giant Sky escaped most of an employee's disability discrimination suit Monday after a judge ruled that the employee had not given a good enough reason for missing deadlines.

  • September 26, 2022

    Bar Council Calls On Gov't To Improve Legal Panels' Diversity

    The Bar Council urged the U.K. government Monday to improve the diversity of the barristers included on its legal panels to represent it in court amid "unambiguous evidence" that advocates from Black, Asian and other ethnic minorities are being "systematically underrepresented."

  • September 26, 2022

    Ship Charterer Fights For Payout Amid Sanctions On Appeal

    A ship charterer argued at the Court of Appeal on Monday that it is entitled to an arbitration award from a shipping company after it refused to accept payments for freight in euros, amid concerns about U.S. sanctions on the charterer's Russian owner.

  • September 26, 2022

    Scottish University Can't Shield Report In Harassment Suit

    A tribunal has refused to let a Scottish university shield the original version of a report about a researcher's harassment claims, concluding that it wasn't privileged just because comparing the two versions might shed light on advice the school received.

  • September 26, 2022

    Property Investor Sues Former Director Over Interest In Rival

    A real estate investment firm has sued its former director for lost profits, alleging he worked for a rival and steered business away while he was in its employ. 

  • September 26, 2022

    Caravan Park Hits Back At Group Action Over Pitch Fee Hikes

    A British holiday park has argued that it can forge ahead with a plan to increase site fees that have prompted many tenants to complain about the timing of the plan, telling a London court that the contract terms are fair.

Expert Analysis

  • Steps Businesses Can Take To Mitigate AI Discrimination Bias

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    There are risks that artificial intelligence systems can result in actionable discrimination in recruitment and employment processes, and to mitigate bias businesses should ensure there is informed human involvement, putting in place suitable policy frameworks to reflect their values and positions on diversity, says David Lorimer at Fieldfisher.

  • Preparing For FCA's New Appointed Representative Rules

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    The Financial Conduct Authority's new rules make authorized financial firms acting as principal more responsible for their appointed representatives and take effect in less than three months, so firms must understand the changes and undertake a gap analysis of current policies against the requirements as soon as possible, say attorneys at Herbert Smith.

  • 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.

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