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

By Joanne Faulkner · 2021-07-02 18:06:00 +0100

London - The past week in London has seen Barclays sue the founder of scandal-hit NMC Health, Nokia bring two patent claims against Chinese telephone makers, and Uber face litigation from drivers following a U.K. Supreme Court ruling.  

Here, Law360 looks at those and other new claims filed in the U.K.

Financial Services 

Barclays Bank PLC v. Shetty

The billionaire founder of failed hospital operator NMC Health is being sued by Barclays Bank PLC. The part 7 claim was filed on July 1. 

The former FTSE 100 health care company entered administration in 2020 after revealing billions of dollars in unreported debt and discovering that more than $4 billion in loans that could have benefited third parties were not disclosed on its balance sheet.

Britain's accounting watchdog, the Financial Reporting Council, opened an investigation into EY over the firm's 2018 audit of NMC's financial statement.

Barclays is represented by Simmons & Simmons Middle East LLP

The case is Barclays Bank PLC v. Shetty, case number CL-2021-000397, in the Commercial Court of the High Court of Justice of England and Wales. 

Wirex Ltd. v. Digital Active OU

Digital payments platform Wirex filed a general commercial contracts and arrangements on June 29 against Digital Active OU. Earlier this year, Wirex won a trademark battle after a judge ruled that a rival had infringed the name of its cryptocurrency rewards scheme.

Wirex is represented by Peters & Peters Solicitors LLP

The case is Wirex Ltd. v. Digital Active OU, case number LM-2021-000146, in London's Circuit Commercial Court in the High Court of Justice of England and Wales. 

FJ Chalke Ltd. v. Lloyds Bank PLC and others

Car dealership FJ Chalke Ltd. filed a professional negligence claim on June 25 against High Street lenders Lloyds Bank and TSB. 

FJ Chalke is represented by FS Legal Solicitors LLP. 

Lloyds Bank PLC is represented by CMS Cameron McKenna Nabarro Olswang LLP. 

The case is FJ Chalke Ltd. v. Lloyds Bank PLC and others, case number CC-2021-MAN-000047 in the Circuit Commercial Court, High Court of Justice of England and Wales.

Insurance 

Various Eateries Trading Ltd. v. Allianz Insurance PLC

Various Eateries, which runs 10 restaurants, filed an insurance and/or reinsurance claim on June 30 against Allianz. 

The U.K. Supreme Court ruled in January that insurers must pay out to hundreds of thousands of companies forced to close during the country's first COVID-19 pandemic lockdown.

Many insurers refused to pay out on claims after the country was first locked down in March 2020 and the coronavirus outbreak took hold, saying that such policies were not intended to cover global pandemics. 

The restaurant group is represented by Mishcon de Reya

The case is Various Eateries Trading Ltd. v. Allianz Insurance PLC, case number CL-2021-000396 in the Commercial Court of the High Court of Justice of England and Wales. 

Belsize Park Management Co. 2017 Ltd. v. Zurich Insurance PLC and others

Belsize Park Management Co. 2017 Ltd. filed an engineering claim on June 30 against Zurich Insurance PLC and six development and construction companies, including C.J. O'Shea & Co. Ltd.

Belsize Park Management is represented by BLM. 

The case is Belsize Park Management Co. 2017 Ltd. v. Zurich Insurance PLC and others, case number HT-2021-000250, in the High Court of Justice of England and Wales. 

Kyokuyo Co. Ltd. and another v. Maersk Line A/S

Shipping giant Maersk is the subject of a part 7 claim filed June 28 by Japanese insurance company Sompo and frozen seafood company Kyokuyo Co. Ltd. 

The claimants are represented by Clyde & Co LLP

The case is Kyokuyo Co. Ltd and another v. Maersk Line A/S, case number LM-2021-000143 in London's Circuit Commercial Court, in the High Court of Justice of England and Wales.

True World Foods Ltd v. Kagerer & Co. GmbH and others

Two units of Allianz and German seafood importer Kagerer & Co. GmbH are being sued by True World Foods Ltd., which distributes fish to Japanese restaurants.  

True World Foods is represented DAC Beachcroft Claims Ltd.

The case is True World Foods Ltd v. Kagerer & Co. GmbH and others, case number QB-2021-002500 in the High Court of Justice of England and Wales. 

Intellectual Property 

Nokia Technologies OY v. OnePlus Technology (Shenzhen) Co. Ltd. and others

Finnish telecommunications giant Nokia filed two separate patents and registered designs claims on July 1. They both target several Chinese telephone makers, including OnePlus Technology (Shenzhen) Co. Ltd., with four of the defendants overlapping. Some of the Chinese companies have also faced litigation from Mitsubishi over 3G and 4G telecoms standards.

Nokia is represented by Bird & Bird LLP.

The cases are Nokia Technologies OY v. OnePlus Technology (Shenzhen) Co. Ltd. and others, case number HP-2021-000023 and Nokia Technologies OY and another v. OnePlus Technology (Shenzhen) Co. Ltd. and others, case number HP-2021-000022, both in the Patents Court of the High Court of Justice of England and Wales. 

Neurim Pharmaceuticals (1991) Ltd. and another v. Generics (UK) Ltd. and another

Neurim Pharmaceuticals Ltd. and Flynn Pharma have commenced another round of litigation against Generics Ltd and Mylan. The two sides have previously faced off over an insomnia drug patent.

Neurim is represented by Gowling WLG (UK) LLP. 

Flynn Pharma is represented by Pinsent Masons LLP.

The case is Neurim Pharmaceuticals (1991) Ltd. and another v. Generics (UK) Ltd. and another, case number HP-2021-00002 in the High Court of Justice of England and Wales. 

Retail & E-Commerce

Ryan Sowney and 342 Others v. Tesco Stores Ltd

Supermarket giant Tesco Stores Ltd. has been hit with two separate part 7 claims filed on behalf of more than 700 claimants on June 28 by Keller Lenkner UK Ltd.  

The European Union's highest court ruled in June that female retail workers suing Tesco for equal pay can rely on European law in their case, as they seek to compare their wages to those of male workers in the grocery giant's distribution centers.

The cases are Ryan Downey and 342 Others v. Tesco Stores Ltd., case number QB-2021-002487 and Patricia Moseley & 355 Others v. Tesco Stores Ltd., case number QB-2021-002489, both in the High Court of Justice of England and Wales. 

Employment

Blagoev and another v. Uber London Ltd. and another

Ride-hailing service Uber is facing a breach of contract claim filed by law firm PGMBM on June 29 on behalf of drivers. The U.K. Supreme ruled in February that Uber drivers are entitled to minimum wage guarantees and other protections. 

The case is Blagoev and another v. Uber London Ltd. and another, case number QB-2021-002512 in the High Court of Justice of England and Wales. 

--Editing by Joe Millis.

Correction: A previous version of this story misstated the date the Nokia suits were filed. The error has been corrected.

For a reprint of this article, please contact reprints@law360.com.