Commercial Litigation UK

  • November 30, 2020

    EU's Top Court Asked To Mull Nokia Patent Fight With Daimler

    The European Court of Justice has been asked to weigh in on whether Nokia can freely decide how to license its technology to Daimler's suppliers after a German court sought clarification in the companies' patent fight over cellular technologies in cars.

  • November 30, 2020

    BigLaw Firms Launch New Online Arbitration Protocol

    A working group of lawyers from six international law firms including Herbert Smith Freehills, CMS Legal Services and DLA Piper on Monday launched the final version of a long-awaited protocol to help the global arbitration community adopt a consistent approach to online case management platforms.

  • November 30, 2020

    Docs Sued Over 'Time Bomb' Breast Implants Get Ultimatum

    A London judge on Monday ordered two surgeons who inserted what she called "time bomb" breast implants to name their expert witnesses for a preliminary January trial or see their former patients get a default win in the first round of litigation over their liability.

  • November 30, 2020

    Russian Banks Get OK To Share Asset Info With Prosecutors

    Two of Russia's biggest banks seeking to recover more than $700 million in a complex High Court fraud suit have been granted permission to hand over evidence to criminal investigators in Russia.

  • November 30, 2020

    Ex-Stobart Group Chief Sues To Claw Back Settlement

    Stobart Group's founder and former CEO has sued the infrastructure company to recoup £740,000 ($989,000) in settlement fees after a court ruled he violated his responsibilities during a campaign to push out the chairman, claiming documents that undermined those findings were omitted from the trial.

  • November 30, 2020

    Deutsche Bank Seeks Committal Of Billionaire Over $300M

    Deutsche Bank told a court on Monday that a Monaco-based billionaire should be threatened with prison time for allegedly failing to hand over documents and deliberately frustrating the bank's recovery of $300 million in debt.

  • November 30, 2020

    Pension Plan Eyes Negligence Suits Against Linklaters, Squire

    A pension plan for the auto industry is seeking court permission to bring a professional negligence claim against Linklaters LLP and Squire Patton Boggs LLP after they allegedly gave poor advice about equal payouts to members of the multi-employer scheme.

  • November 27, 2020

    DNA Sequencing Trial Wraps, Illumina Rival Seeks Invalidity

    Four subsidiaries of Chinese company BGI Group seeking to invalidate patents behind an American company's system for rapid DNA sequencing maintained in closing arguments at trial on Friday that the techniques at issue were obvious based on earlier lessons.

  • November 27, 2020

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

    This past week in London has seen a state-owned energy company in Norway being sued, major telecom providers targeted by academic publishers and Italian cable manufacturer Prysmian instigate an intellectual property dispute. 

  • November 27, 2020

    ENRC Loses Bid To Cut Lawyer Harassment Claims

    A partner at Dechert LLP can accuse his former mining company client of harassment at a trial over "illegal" spying, as a judge ruled on Friday that it is too early to definitively say whether the covert surveillance caused alarm and distress.

  • November 27, 2020

    NatWest Beats Claims It Misled Care Home In Crisis-Era Swap

    A judge on Friday dismissed a nursing home's case accusing NatWest of improperly selling its director  an interest rate swap during the financial crisis, saying that the bank had not breached its duties.

  • November 27, 2020

    Ex-Freshfields Atty Overturns Sexual Misconduct Penalty

    A former Freshfields partner in London has overturned a six-figure penalty imposed over his sexual encounter with an intoxicated junior attorney, as a court ruled on Friday that the finding of a disciplinary tribunal that he acted without integrity was "not coherent."

  • November 27, 2020

    Top UK Court Tosses Halliburton Appeal In Deepwater Case

    Britain's top court has dismissed an appeal by U.S. oil-services company Halliburton over Chubb's choice of arbitrator for a dispute over the Deepwater Horizon disaster, in a highly anticipated ruling on Friday that has also clarified the legal test for apparent bias in arbitration.

  • November 27, 2020

    7 Questions for Quinn Emanuel's Richard East

    Quinn Emanuel senior partner Richard East talks to Law360 about how the firm's London office grew from an idea into a respected litigation boutique, how the firm attracts talent, and why it has been business as usual during the pandemic.

  • November 27, 2020

    Investor Says Property Giant's Breaches Void £38M Deal

    A Monaco-based investor has fought back against litigation brought by Countrywide Group PLC seeking damages for a failed £38 million ($50 million) deal to buy a company, claiming the agreement is invalid because the real estate giant failed to disclose other disputes.

  • November 26, 2020

    Property Cos. Urge Court To Toss Libyan Fund's Revised Suit

    Libya's sovereign wealth fund should not have been allowed to bring new claims over the valuation of a real estate development in England, two property consultants and their companies argued at an appeals court on Thursday.

  • November 26, 2020

    Bank Says $86M Win Against Oil Co. Wasn't A 'Mini Trial'

    A Puerto Rican lender has urged a London court to prevent Petroleos De Venezuela SA from appealing her findings that U.S. sanctions did not bar the state-run oil company from repaying some $86 million owed under a loan agreement.

  • November 26, 2020

    Nigerian Builder Wins Enforcement Of $48M Arbitration Award

    An appeals court overturned an order on Thursday that prevented a construction company, which is seeking damages over an abandoned hotel commission in Nigeria, from enforcing parts of a $48 million arbitration award against the African country's federal airports authority.

  • November 26, 2020

    Insurers Hit Back In $23M Lawsuit Over Scrapped Ships

    A group of 12 insurance underwriters including Axis, Munich Re and Tokio Marine have told a London court that a finance company was fully aware that a fleet of ships was likely to be scrapped as they hit back in a $23.7 million claim.

  • November 26, 2020

    Ex-Trader Says Exit Package Didn't Cover Libor Fight Costs

    A former trader has alleged that a termination package paid to him by Rabobank did not cover the legal costs that he later racked up when fighting Libor-rigging investigations in the U.S. and Britain, which regulators ultimately dropped.

  • November 26, 2020

    Air Berlin Loan Dispute Belongs In England, UAE Airline Says

    Lawyers for Etihad Airways urged an appellate court in London on Thursday to continue litigation proceedings to enforce a letter of reassurance caught up in Air Berlin's bankruptcy solely in England.

  • November 26, 2020

    Lloyd's Wins Court Approval Of Contract Transfers For Brexit

    Lloyd's of London said it has been granted approval by a court in London to transfer a book of European insurance business to its new hub in Belgium, as the market gears up for the end of the Brexit regulatory transition period.

  • November 25, 2020

    EU Floats IP Plan, Eyes Standard-Essential Patents

    The European Union is going to take new steps to overhaul intellectual property law in an effort to "reduce frictions" and litigation over standard-essential patents in the tech sector, the bloc's top antitrust and digital technology official announced.

  • November 25, 2020

    UK Antitrust Dept. Claims Authority To Ban $360M Sabre Deal

    The U.K.'s competition watchdog told an appeal tribunal Wednesday that it had lawful discretion to determine the relevant travel services at issue when it blocked travel tech giant Sabre Corp.'s proposed $360 million takeover of rival Farelogix.

  • November 25, 2020

    PE Firm Advent International Sues GE Over Failed $3B Deal

    A private equity firm sued in London over its $3 billion purchase of a General Electric power unit has hit back with its own suit, accusing the conglomerate of making key omissions in financial statements used to evaluate the final price of the deal.  

Expert Analysis

  • Response Options For Danish Cum-Ex Interview Targets

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    As the Danish tax authority prepares for the first of a three-part U.K. trial involving cum-ex fraud, U.K. recipients of interview requests from the Danish prosecutorial agency should neither automatically accept, nor ignore the invitations, despite that agency's seeming lack of power to compel their attendance, says David Corker at Corker Binning.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Contractual Takeaways From Payment Providers Ruling

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    The U.K. High Court's recent decision in Travelport v. WEX, dissecting a material adverse effect clause in the context of the pandemic's impact on the payments industry, highlights contractual ambiguity and provides practical drafting pointers for mergers and acquisitions lawyers in the U.K. and U.S., say attorneys at King & Spalding.

  • Opinion

    BVI Ruling Clarifies Jurisdiction's Stance On Legal Finance

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    The Eastern Caribbean Supreme Court's recent Crumpler v. Exential Investments decision, officially allowing legal financing in the British Virgin Islands, represents a continuation of litigation funding's acceptance across key jurisdictions for insolvency litigation during a time when these types of cases are set to spike, says Robin Ganguly at Burford Capital.

  • Compliance Hurdles For UK Cannabis Investors

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    Nicola Finnerty and Tom Surr at Kingsley Napley discuss the legal barriers U.K. investors face in reaping the rewards of cannabis legalization in Canada and the U.S., and what recent developments may mean for the future of U.K. cannabis enforcement.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • G4S Deferral Agreement Illustrates SFO's Enforcement Focus

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    The Serious Fraud Office’s recent deferred prosecution agreement with multinational security services company G4S suggests the agency’s approach to compliance, program remediation and corporate renewal is evolving to favor parent company involvement and the appointment of independent compliance monitors, say Chris Roberts and James Ford at Mayer Brown.

  • 2 High Court Cases Highlight Comity Principles

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    High Court decisions in National Bank of Kazakhstan v. Bank of New York Mellon and Riverrock Securities v. Bank of St. Petersburg serve as a useful reminder that the principle of comity may require English courts to exercise judicial restraint, even where their assistance has been sought by foreign courts, say Egishe Dzhazoyan and Kabir Bhalla at King & Spalding.

  • Nigerian Oil Spill Ruling Shows Limits Of UK Class Actions

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    The High Court of Justice of England and Wales recently required thousands of Nigerians suing Shell in London over an oil spill to provide individual evidence of damage and individual defenses in Jalla v. Shell, illustrating how U.K. class action claimants must truly have a common interest, say attorneys at Signature Litigation.

  • Court Support For Mediation Refusal Is Diminishing

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    In light of the increasing prevalence of alternative dispute resolution methods and the surge of post-pandemic litigation, parties can no longer rely on the perceived strength of their case as an excuse to avoid mediation, says Russell Strong at Zaiwalla & Co.

  • Is It Better To Face Prosecution In The US Or UK?

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    A Unaoil executive's recent decision to plead guilty to Foreign Corrupt Practices Act violations in the U.S. rather than facing bribery prosecution in the U.K. highlights strategic considerations for individuals facing criminal charges in multiple jurisdictions, says Joshua Ray at Rahman Ravelli.

  • Key Points From New Blockchain Legal Guidance

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    Mark Dawkins and Jenny Arlington at Akin Gump analyze the Law Society and Tech London Advocates' recent guidance on blockchain, smart legal contracts, crypto assets and other advanced technologies, and explain why legal practitioners should familiarize themselves with it.

  • 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.

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