Commercial Litigation UK

  • September 22, 2020

    7th Circ. Nixes Doc Bid In UK Engine Fire Arbitration

    The Seventh Circuit on Tuesday rejected an aerospace parts maker's bid for discovery to use in a $12.8 million U.K. arbitration over an engine fire, adding to an ever-widening circuit split on whether U.S. law allows federal courts to order discovery for private commercial arbitration abroad.

  • September 22, 2020

    Mastercard Tells Restaurants Interchange Fees Were Justified

    Mastercard Inc. has hit back against allegations from a group of London restaurants including Sexy Fish and the Ivy that the transaction fees it charged them were unlawful, claiming the charges were necessary to complete payments.

  • September 22, 2020

    PE Firm Mobeus Fights To Claw Back £14M Failed Investment

    Private equity firm Mobeus Equity Partners is suing a construction company after losing a £14 million ($17.8 million) investment when the company undershot its forecasts and went into administration.

  • September 22, 2020

    Holiday Parks Boss Banned After Investors Lose £19M

    The former head of a business that left investors £19 million ($24 million) out of pocket over a failed scheme where people invested in holiday chalets that were never built, has been banned, the Insolvency Service said Tuesday.

  • September 22, 2020

    Top EU Court Clears UK State Aid To Hinkley Nuclear Project

    The European Union's top court on Tuesday rejected an attempt by Austria to block British support for a major nuclear energy project, finding that the British government did not breach state aid rules.

  • September 22, 2020

    Waste Manager Sues Insurer Over £2M Fire Damage

    An Essex-based waste management company is suing its broker Daines Kapp for £2 million ($2.5 million) after a fire tore through the plant and the company could not claw back its losses under its policy.

  • September 22, 2020

    Top EU Court Rules Cities Can Bar Short-Term Rentals

    Europe's top court ruled Tuesday that cities may crack down on some short-term rentals in tourism centers to combat affordable housing shortages, dealing a blow to the likes of Airbnb and other rental sites turning apartments and second homes into vacation accommodation. 

  • September 22, 2020

    Financial List's Test Case Program Wins High Marks In 1st Use

    The recent decision in the Financial Conduct Authority's business interruption insurance case was a big deal for policyholders forced to shut because of COVID-19, but it also marked the first test of the Financial List's most unusual features five years since its launch.

  • September 22, 2020

    Maduro Fights For Recognition In Appeal Of $1B Gold Battle

    A legal battle over €930 million ($1 billion) of Venezuela's gold stored at the Bank of England returned to the London courts on Tuesday, with the Nicolás Maduro-backed central bank board seeking to overturn a decision recognizing opposition leader Juan Guaidó as the country's president.

  • September 22, 2020

    Spain Fights To Enforce $1B Judgment On Oil Tanker Insurers

    The insurers of an oil tanker that caused one of Spain's worst environmental disasters "submitted" to the jurisdictions of the Spanish courts, lawyers for the country have argued, as the nation fights to have an €855 million ($1.1 billion) judgment recognized in England.

  • September 22, 2020

    PE Funds Press For Quick Win In $77M Ship Demo Suit

    The sons of a ship demolition magnate were experienced businessmen and can't blame their father's "undue influence" over a company they controlled to escape a $76.7 million lawsuit over loans they guaranteed, a lawyer for five private equity firms told a London judge Tuesday.

  • September 21, 2020

    Dutch Court Freezes Funds Amid Angolan Billionaire Probe

    A Dutch court has frozen assets held by a company associated with Isabel dos Santos amid accusations that the Angolan billionaire and daughter of the country's former president embezzled and laundered state funds, dealing a win to the Angolan national oil company Sonangol.

  • September 21, 2020

    Russian IT Provider Gets Doc Bid Nixed In Delaware

    A Delaware federal judge has denied a bid by a Russian IT provider to gather information from the U.S.-based private equity manager OEP Capital for use in a pair of London-seated arbitrations with $65 million in damages at stake, ruling that the proceedings don't qualify under the statute.

  • September 21, 2020

    Top Court's Loss Ruling Can't Stop Pinsent Suit, Naibu Says

    A Chinese sportswear company told a London judge Monday it hasn't miscalculated the scale of its share drop lawsuit against Pinsent Masons following a recent landmark decision by the U.K.'s highest court, and isn't trying to count its alleged losses twice.

  • September 21, 2020

    Indonesian Airline Sued In London Over £10M Plane Bill

    Engineering business Goshawk Aviation Ltd. has hit an Indonesian low-cost airline with litigation in the English courts, seeking more than £10 million ($12.8 million) allegedly owed on seven Boeing jet leasing agreements.

  • September 21, 2020

    Payment Providers Fight To Force WEX To Close $1.7B Deal

    WEX shouldn't be able to use the coronavirus pandemic to escape a $1.7 billion deal for a pair of travel payment providers, the seller's lawyers said at trial Monday. 

  • September 21, 2020

    Boots Faces Multiple Suits Over Missed Rent Amid COVID-19

    British high street health retailer Boots is facing multiple lawsuits from its landlords over millions of pounds in unpaid rent after it was hit hard by the COVID-19 lockdowns.

  • September 21, 2020

    Ferry Operator Says Insurance Valid In €37M Shipbuilding Suit

    A Norwegian cruise operator has said a Spanish shipbuilder's commencement of insolvency proceedings was enough for it to cancel its contract for two passenger vessels and claim €36.8 million ($42.9 million) on its cover with a Portuguese insurer.

  • September 21, 2020

    AI Machine Can't Be Patent Inventor In UK, Judge Rules

    A judge ruled Monday that an artificial intelligence machine's invention cannot be patented because it is not a person, and thus not an inventor under the U.K.'s patent law, keeping the machine's creator from getting those patent rights.

  • September 21, 2020

    Homeowners, Developers Pause £5.6M Insurance Dispute

    A judge has stayed proceedings launched by a group of homeowners seeking £5.6 million ($7.2 million) in damages from the developer of their block of flats for alleged construction faults to allow the parties to settle the dispute.

  • September 21, 2020

    FCA Urges Insurers To Advance Claims After Test Case

    Insurers are facing increasing pressure from the U.K.'s financial regulator and claimant groups to pay up after a court ruled last week they are liable to compensate businesses forced to close during the lockdown. 

  • September 18, 2020

    Mishcon Adds London Disputes Partner From Hogan Lovells

    Law firm Mishcon de Reya has nabbed a disputes expert from rival firm Hogan Lovells as a partner in its London office.

  • September 18, 2020

    Remote Witnesses OK'd For Disgraced-Doctor Insurance Trial

    A judge refused Friday to require witnesses with COVID-19 concerns to physically attend a London insurance trial in November brought by a hospital operator suing for coverage for claims filed by patients of a surgeon convicted of conducting unnecessary operations.

  • September 18, 2020

    EU Top Court Upends Rebuke Of French Fishing Industry Aid

    The European Union's highest court has partially upended a European Commission decision finding that French aid for the fishing industry in the wake of a 1999 oil spill and a severe storm was illegal state aid.

  • September 18, 2020

    Brexit Prompts Brussels Boutique To Launch London Office

    Brussels antitrust and trade boutique Van Bael & Bellis has opened an office in London after receiving the green light from the Solicitors Regulation Authority as the Brexit transition period winds down.

Expert Analysis

  • Leveraged Trading, Margin Calls And The 'Retail Client'

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    A rise in margin losses due to pandemic-related market turbulence could lead to disputes in the context of leveraged trading products, and retail investors involved in such disputes should pay particular attention to recent additions to the Financial Conduct Authority Handbook, says Katherine Harper at Forsters.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • Why Damages-Based Agreements Aren't More Popular

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    Although the U.S. contingency fee model may seem attractive, similar fee structures in the U.K. risk being deemed unenforceable based on any alleged noncompliance with the establishing statutes, as a recent High Court of Justice case shows, says Andy Ellis at Practico.

  • Creditors Welcome UK Supreme Court's Reflective Loss Decision

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    The U.K. Supreme Court's recent Sevilleja v. Marex decision benefits creditors and other stakeholders by excluding their claims from the reflective loss principle, which precludes third-party complaints that merely reflect company loss, say Robert Fidoe and Jack Moulder at Watson Farley.

  • Challenging The Use Of Anchor Defendants In UK Litigation

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    With the merits test for anchor defendants in U.K. litigation involving European Union defendants back before the English courts this summer, the London High Court's recent decision in Tsareva v. Ananyev provides useful precedent for jurisdictional challenges to anchor defendants' inclusion, say Egishe Dzhazoyan and Kateryna Frolova at King & Spalding.

  • How Credit Card Fee Antitrust Cases Fare In UK Versus US

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    When compared with the U.S. Supreme Court’s Ohio v. American Express opinion, two recent U.K. Supreme Court rulings holding that credit card companies' payment schemes violated antitrust law suggest that corporations operating two-sided platforms are much more likely to win an antitrust case in the U.S., say Allison Gorsuch and Lauren Weinstein at MoloLamken.

  • LCIA's 2020 Rules Play Catch-Up With Venue Rivals

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    The London Court of International Arbitration's 2020 rules governing its processes and procedures include welcome improvements in the technological space, but may merely mimic what is already happening in tribunals across the globe, says Shantanu Majumdar at Radcliffe Chambers.

  • UK Ruling Shows Global SEP Enforcement Dilemma

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    The U.K. Supreme Court's recent ruling that U.K. judges have the power to set extraterritorial licensing royalty rates for standard-essential patents highlights a problem with global patent enforcement coordination and efficiency that could potentially be solved through the Patent Cooperation Treaty, says Roya Ghafele at Oxfirst.

  • Opinion

    German Facebook Antitrust Ruling Should Prompt FTC Action

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    Following the German high court's recent holding that Facebook abuses its market dominance through data collection, the Federal Trade Commission should increase the severity of sanctions for user data exploitation in anticipation of potential U.S. antitrust violations, says Garrick Josephs at Wilson Elser.

  • Wirecard Class Action Raises Regulator Immunity Questions

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    Investors in German payment processor Wirecard are suing the German Federal Financial Supervisory Authority, calling attention to whether allegations of gross failings can overcome regulator immunity, say Anna Battams and Isobel McNaught at Collyer Bristow.

  • 8 Questions For Cos. After EU Top Court Privacy Shield Ruling

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    While the European Union high court's recent privacy shield invalidation makes complying with the General Data Protection Regulation harder, eight practical considerations can help companies shape their business practices, including using standard contractual clauses for personal data transfer, to avoid violations, say Alan Brill and Yvette Gabrielian at Kroll.

  • German FRAND Decision May Shape Global SEP Landscape

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    The German high court's recent decision that patent owner Sisvel didn't breach its fair, reasonable and nondiscriminatory patent licensing obligations by refusing to grant Haier a license represents a shift in the standard-essential patent landscape in favor of SEP holders' enforcement freedom, say Erik Puknys and Michelle Rice at Finnegan.

  • The Tiger In The Car Wash

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    The continuing story of wrongdoing at the Brazilian state-owned oil producer Petrobras uncovered by an anti-corruption investigation called Operation Car Wash is both disturbing and instructive of the country's system of law, says Stephen Baker at Baker & Partners.

  • UK Court Of Appeal Ruling Clarifies US Sanctions Compliance

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    The U.K. Court of Appeal's recent decision in Lamesa Investments v. Cynergy Bank considered whether U.S. secondary sanctions were a mandatory provision of law under a standard agreement clause and is a valuable reminder of the importance of bespoke drafting of sanctions-related contractual clauses, say Jason Hungerford and Paul Whitfield-Jones at Mayer Brown.

  • HSBC Suit Shows Challenge Of Designing Tax Relief Laws

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    Investors' recent lawsuit against HSBC over film-related tax avoidance schemes spotlights the difficult balancing act of crafting practical tax relief legislation while safeguarding against abuse, says Andrew Parkes at Andersen Tax.

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