Commercial Litigation UK

  • March 27, 2024

    Wedlake Bell Can't Get Early Exit From Trust Negligence Case

    A London court dismissed a law firm's attempt to escape a damages claim for its admitted negligent management of a trust, finding Wednesday that the law is "in a state of development" about the scope of a solicitor's duty in that situation.

  • March 27, 2024

    Bayer Can Briefly Stop Rivals Selling Patented Xarelto Dosage

    Bayer AG can briefly block its rivals from selling generic versions of anticoagulant Xarelto at its protected once-daily dosage while both sides await a ruling on the validity of the patent, a London court said on Wednesday.

  • March 27, 2024

    StanChart Urges Court To Toss Part Of £1.4B Sanctions Suit

    Standard Chartered PLC urged a London judge Wednesday to block part of a group of investors' £1.4 billion ($1.77 billion) claim against it alleging that the bank had downplayed how much it breached U.S. sanctions against Iran by hundreds of billions of dollars, alleging some of the investors had not shown they had standing.

  • March 27, 2024

    Aviation Co. Did Not Undersell By $28M, Lessor Claims

    An aircraft lessor has denied falsely suppressing its profitability to convince an aviation business to undersell its shares in the lessor by $28 million, claiming that any estimates of possible income were genuine and honest.

  • March 27, 2024

    Property Developers Slash Legal Negligence Claim By £9M

    Two property developers have cut their claim accusing their solicitors of negligence in a residential development from £15 million ($19 million) to £6 million, representing unpaid loans that they are now on the hook for.

  • March 27, 2024

    Czech Republic Can't Bring New Challenge To $350M Award

    A London judge declined Wednesday to let the Czech Republic introduce a new jurisdiction challenge to a $350 million award in favor of a blood plasma company, because the state should have raised the matter in arbitration proceedings.

  • March 27, 2024

    Lawyer Group Ends Challenge Over Fixed Recoverable Costs

    A legal trade body has ended court proceedings against the U.K. government after it agreed to make changes to a new regime to extend fixed recoverable costs in personal injury cases.

  • March 27, 2024

    VAT Applies To UK Insurer's Prior Service Pact, Court Rules

    Value-added taxes apply to performance fees invoiced to a U.K.-based insurance company by an investment management firm as part of service agreements, a London court said, because those payments occurred outside the duration of the arrangement.

  • March 27, 2024

    Hospital Unfairly Fired Worker Accused Of Rape

    A hospital in Devon unlawfully sacked a clinical manager while police investigated him over allegations of rape made by a younger colleague, an employment tribunal has found.

  • March 27, 2024

    Sainsbury's Says Mandarins Not From Protected Variety

    Sainsbury's has hit back at accusations that a variety of its mandarin oranges infringe on the plant breeding rights of a French company, arguing that its Tang Golds are intrinsically different from the protected Nadorcotts owned by Nador Cott Protection SAS.

  • March 27, 2024

    Sony Faces £750K Equal Pay Claim From Female Accountant

    A former PlayStation accountant is suing Sony Interactive Entertainment Europe Ltd. for around £750,000 ($946,000), claiming that the company paid her half the salary of her male colleague and sacked her for bringing her case to a tribunal.

  • March 27, 2024

    Skyscanner Stands Firm In TM Infringement Feud With Rival

    Skyscanner Ltd. has doubled down on its claim that rival travel agency Loveholidays infringed its trademark by adopting a similar logo, while also refuting its competitor's claim that the imitation was actually the other way around.

  • March 27, 2024

    Jaguar, Land Rover Owners Bring New 'Dieselgate' Action

    More than 3,000 owners of Jaguar and Land Rover diesel vehicles have launched legal claims against the manufacturer, dealerships and auto finance companies, alleging that their cars were fitted with defective exhaust filters, the law firm steering the action said Wednesday.

  • March 27, 2024

    SFO Loses Bid To Delay £1B Damages Trial Over ENRC Leaks

    A judge refused to grant the Serious Fraud Office permission on Wednesday to challenge his findings that its officers encouraged a former Dechert LLP partner to divulge confidential information about ENRC.

  • March 27, 2024

    Uber Settles Racist AI Accusations With Driver

    An Uber Eats driver has won a payout after alleging that facial recognition features on the app were discriminating against his darker skin tone and preventing him from getting work, according to Britain's equality watchdog.

  • March 26, 2024

    UAE Fund Must Pay £7M As Judge Tosses Azima Fraud Ruling

    A London judge has ordered a sovereign wealth fund to make an initial £7.6 million ($9.6 million) payment to Farhad Azima, ending a lengthy feud involving allegations the fund fraudulently obtained a $4 million judgment against the aviation tycoon with help from a lawyer at Dechert LLP.

  • March 26, 2024

    Ex-Travel Exec Partially Wins Appeal Over Sexual Comments

    An appellate judge ruled Monday that an employment tribunal was wrong to draw conclusions about sexual harassment allegations against the former head of PR at a travel and tourism trade body when assessing his claims for unfair dismissal and whistleblowing.

  • March 26, 2024

    Lawyer Can't Charge For Executor Fees, Appeals Court Finds

    The Court of Appeal on Tuesday dismissed Shepherd & Co. Solicitors' argument that one of its partners should be paid for his work as the executor of an estate despite the absence of a charging clause in the will, because an inactive executor had not provided written consent to him being paid.

  • March 26, 2024

    Clyde & Co. Eyes Case Against Switzerland Over Credit Suisse

    Clyde & Co. LLP said it is currently soliciting claimants for a possible mass claim to be filed against Switzerland a year after the country forced a distressed sale of Credit Suisse to UBS along with a write-down of $17.5 billion of the bank's bonds to zero.

  • March 26, 2024

    Ex-Director Can't Get 'Rare And Unusual' Dismissal Changed

    An IT consulting business was right to fire a director without warning after their professional relationship irretrievably broke down, and made even the right to appeal a "futile" exercise, an appellate panel has ruled.

  • March 26, 2024

    Abbott Sues Over 3D TM Infringement Of Diabetes Device

    Abbott Diabetes has sued several companies for selling a Chinese-made glucose monitoring device with signs that allegedly look "identical" to the ones on its product.

  • March 26, 2024

    Ex-Museum Curator Ordered To Return Alleged Stolen Items

    A former British Museum curator accused of stealing over 1,800 artifacts to sell on eBay was ordered on Tuesday to hand over the items he still has and provide information about those he has sold.

  • March 26, 2024

    PACCAR Reforms Pushed Through At Consumers' Expense

    Draft legislation aimed at reversing a Supreme Court ruling that upended the financing of class actions has been well-received by litigation-funders, but critics say the government has steamed ahead at the expense of consumers.

  • March 26, 2024

    Ex-Dentons Saudi Chief Sues For $2.6M Of Withheld Pay

    Dentons' former Saudi Arabia managing partner is suing the firm for more than $2.6 million in a London court, alleging that it deprived him of pay after dismissing him for no good reason.

  • March 26, 2024

    LC&F Boss Denies Trying To Mislead Company Auditors

    The former chief of London Capital & Finance denied trying to paint a misleading picture of the mini-bond holder's finances, as he gave evidence at the £237 million ($299 million) investment scandal trial Tuesday.

Expert Analysis

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • How The Netherlands Became A Hub For EU Class Actions

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    As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.

  • Navigating The Novel Challenges Facing The Legal Profession

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    The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.

  • New Fixed Costs Rules May Have Unforeseen Consequences

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    The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.

  • A Look At Enforcing And Contesting Arbitral Awards In Qatar

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    As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Oil And Gas Case Highlights Judicial Review Climate Trends

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    Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.

  • Collapse-Risk Buildings Present Liability Challenges

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    Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.

  • Age Bias Cases Illustrate Key Employer Issues On Retirement

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    Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.

  • Why Indonesia Feels Frustrated By Airbus Dispute Outcome

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    Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.

  • UAE Bank Case Offers Lessons On Enforcing Foreign Rulings

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    The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.

  • 9 Hallmarks Of The New German Class Action Regime

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    By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.

  • Protecting The Arbitral Process In Russia-Related Disputes

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    Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.

  • Examining US And Europe Patent Disclosure For AI Inventions

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    As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.

  • Incontinence Drug Ruling Offers Key Patent Drafting Lessons

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    In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.

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