Commercial Litigation UK

Expert Analysis

• Opinion

  UK Rescue Procedure For Corporate Directors Is No Panacea

  

  The U.K. government's plans to protect company directors from wrongful trading liability is a laudable attempt to mitigate COVID-19's harm to the economy, but they may create problems by keeping unviable businesses artificially afloat, says Howard Morris at MoFo.

• A Test Of UK Courts' Ability To Support Foreign Arbitrations

  

  A recent anonymized decision from the U.K. Court of Appeal provides welcome clarification regarding English and Welsh courts' power to compel evidence from third parties, but also highlights some continued uncertainty surrounding court powers in relation to foreign arbitrations, says Nick Storrs at Taylor Wessing.

• A Lesson In UK Search Order Sagacity

  

  A recent case before the English High Court over an alleged conspiracy by an aviation equipment manufacturer to infringe various parties' intellectual property rights offers a stark reminder that applicants for a search order should not use preserved documents without specific court sanction, say Mark Cooper and Richard Bacon at Eversheds Sutherland.

• Aviation Waste Problem Is A Green Economy Opportunity

  

  As airport projects receive increasing environmental and legal scrutiny, the need for a resource recovery model that can handle the aviation sector's waste challenges is clear, say Jonathan Cocker at Baker McKenzie and Andrew Wilson at the International Aviation Waste Management Association.

• UK Ruling Shows That Clarity Is Key In Restrictive Covenants

  

  The U.K. Court of Appeal's decision in Guest Services Worldwide v. Shelmerdine — upholding a 12-month post-departure noncompete restriction on a shareholder employee — reminds employers to clearly identify whom restrictive covenants apply to and when they will be triggered, say Lois Horne and Hannah Leonard at Macfarlanes.

• How Proposed EU Class Action Directive Could Affect Insurers

  

  Insurers should beware the explosive potential of the EU's proposed directive providing for cross-border class actions and third-party funding for such actions, although it also bears strict requirements that will limit the number of cases, say Emmanuèle Lutfalla and Simon Fitzpatrick at Signature Litigation.

• Opinion

  SFO Must Radically Overhaul Prosecution Approach

  

  The Serious Fraud Office's recent failure to convict three Barclays executives for fraud is the latest evidence that the agency's real issue is its tendency to seek prosecution without a realistic chance of conviction, says Bambos Tsiattalou at Stokoe.

• Aviation Watch: Airbus Gets Off Easy In Bribery Settlement

  

  The $4 billion settlement Airbus recently agreed to pay to the U.S., U.K. and France over foreign bribery charges is merely a cost of doing business for the aircraft manufacturer, and suggests that there is no effective deterrent to corruption when companies are too big to prosecute, says Alan Hoffman, a retired attorney and aviation expert.

• The Future Of Personal Data Class Litigation Across Europe

  

  In Europe, class action-style litigation has been slowed by practical obstacles in the 21 months since the General Data Protection Regulation went into force, but the number of cases is expected to rise in the next few years, say Mathilde Gerot and Simon Fitzpatrick at Signature Litigation.

• How 2 New Rulings Affect UK Legal Professional Privilege

  

  The English Court of Appeal recently handed down judgments in two cases that show how English law on legal professional privilege can be applied to emails sent to multiple recipients, and whether a no-infringement exception can exist, say Rory Conway and Stephen Lacey at Linklaters.

• UK Group Data Breach Claims Pose Big Financial Risks

  

  Recent English court decisions appear to make it easier for data breach victims to bring collective actions, and consequently companies may find they are liable for huge sums in addition to fines under the General Data Protection Regulation, say attorneys at Morrison & Foerster.

• Decline In Arbitral Challenges Shows Reliability Of UK Awards

  

  Recent English Commercial Court data shows a drop-off in challenges to arbitral awards, providing an important reminder of the court's supportive approach to arbitration and reluctance to overturn awards, say Craig Tevendale and Rebecca Warder at Herbert Smith.

• Proposed Arbitration Funder Rules Are A Welcome Change

  

  Recently proposed amendments to the International Centre for Settlement of Investment Disputes' third-party funding rules would strike an appropriate balance between providing access to justice and reducing the risk that conflicts of interests may appear later in the procedure, say Leigh Crestohl and Petar Petkov at Zaiwalla.

• Why 'Irregularity' Challenges To UK Arbitral Awards Often Fail

  

  Recent examples of successful and unsuccessful "serious irregularity" challenges to arbitral awards indicate the English Commercial Court's strict approach to such applications, which supports the finality of the international arbitration process, says Ryan Cable at Signature Litigation.

• Collective Redress Schemes Can Manage Data Breach Suits

  

  Recent court decisions in the U.K. and abroad have increased firms' potential exposure to group litigation related to data security events, and in this environment a voluntary collective redress scheme may be a very attractive option, say attorneys at Bryan Cave.