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

  • EU Antitrust Rules Set To Pose Challenges To US Businesses

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    With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.

  • Navigating The Rising Threat Of Greenwashing Enforcement

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    Recent high-profile cases before the Danish Consumer Ombudsman are a signal that authorities are ready to take robust action against greenwashing, and with a likely increase in the stringency of laws and severity of penalties, it is vital that businesses promoting their sustainable credentials do so in a compliant manner, says Lars Karnøe at Potter Clarkson.

  • New Legislation May Not Be Needed For Recovery Of Crypto

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    The recent seizure of cryptocurrency under a civil recovery order raises the issue of whether extended powers under the forthcoming Economic Crime Bill are necessary, with the ability to seize crypto-related items that may be the subject of a search order more likely to be of assistance, says Nicola McKinney at Quillon Law.

  • Opinion

    Russia Ruling Should Lead UK To Review Sanctions Policy

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    The High Court's recent dismissal of the first-ever court challenge to Russian sanctions in Shvidler v. Secretary of State sets a demanding standard for overturning designation decisions, highlighting the need for an independent review of the Russia sanctions regime, says Helen Taylor at Spotlight on Corruption.

  • UPC Revocation Actions Offer An Attractive Patent Strategy

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    As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.

  • Pension Plan Amendment Power Lessons From BBC Ruling

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    The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.

  • 5 Takeaways For Litigants From Early EU Patent Court Ruling

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    One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.

  • What To Know About The EU Residency Scheme Changes

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    The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.

  • High Court Dechert Ruling Offers Litigation Privilege Lessons

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    While the recent High Court ruling in Al Sadeq v. Dechert LLP, which concerned torture conspiracy allegations against the firm, held that litigation privilege can be claimed by a nonparty to proceedings, the exact boundaries of privilege aren't always clear-cut and may necessitate analyzing the underlying principles, says Scott Speirs at Norton Rose.

  • What To Know About AI Fraudsters Before Facing Disputes

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    The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.

  • UK Insolvency Reform Review Shows Measures Are Working

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    The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.

  • More UK Collective Actions On The Horizon After Forex Ruling

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    A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.

  • How Russia Sanctions May Complicate Contract Obligations

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    Against the backdrop of recent comprehensive sanctions against Russia and Belarus, a review of recent U.K. case law clarifies that certain force majeure clauses likely cover trade sanctions, and that future litigation will further develop the scope of force majeure and frustration in the context of sanctions, says Frances Jenkins at Quillon Law.

  • New Guidance Offers Clarity For Charities On ESG Investing

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    The need for charities to understand investing in line with environmental, social and governance aspirations has never been more pressing, and recently updated U.K. Charity Commission guidance should give trustees confidence to make decisions that are right for their organization, says Robert Nieri at Shoosmiths.

  • Taking Stock Of Company Climate Duties After ClientEarth

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    Despite the High Court's recent dismissal of ClientEarth v. Shell, the case nonetheless has key consequences for companies that are susceptible to being targeted by nonprofit activists as environmental, social and corporate governance lawfare continues, says Dan Harris at Chancery Advisors.

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