Commercial Litigation UK

Expert Analysis

• Mandatory Mediation May Lie Ahead For England And Wales

  

  The U.K. Court of Appeals' decision in Lomax v. Lomax, among other recent developments, show significant judicial support for compulsory mediation of appropriate civil and commercial cases in England and Wales, say Margarita Michael and Grace Spurgeon of O'Melveny.

• Some Clarity On Inventor-Employee Compensation In The UK

  

  The recent U.K. Supreme Court decision in Shanks v. Unilver swept away a perception that some employers are simply too big to pay inventor compensation under the U.K.’s statutory compensation provisions, and may offer some hope to prospective employees, say attorneys at Haseltine Lake.

• Key Risks And Developments For UK Law Firm Culture In 2020

  

  In 2020, law firms throughout the U.K. will be increasingly reshaped by rapid changes in societal expectations and advances in technology, say Helen Rowlands and Niya Phiri of Clyde & Co.

• The Outlook For Autonomous Vehicles In The UK And US

  

  As both the U.K. and U.S. governments continue to develop regulatory frameworks for autonomous vehicles, manufacturers can take certain steps to avoid litigation and manage risk, say attorneys at FaegreBD.

• PayPal Case Illustrates Difficulty Of Avoiding CMA Penalties

  

  The U.K. Competition and Markets Authority's recent fine against PayPal for violating U.K. merger control rules — despite the company's attempts to put safeguards in place — demonstrates how rigid the CMA can be when it comes to initial enforcement orders, say attorneys at Fried Frank.

• Huawei Case Might Mean UK Forum Sets Global FRAND Rates

  

  The U.K. Supreme Court’s eventual opinion in Unwired Planet v. Huawei will decide whether English courts are a proper forum for determining global fair license terms for standard-essential patents, and there are several reasons to question the English courts' creation of this approach, says Thomas Cotter of the University of Minnesota Law School.

• Perspectives

  Artisanal Miners' Roadblocks To Justice: Is A Path Clearing?

  

  Efforts to give small-scale gold miners, who face displacement, pollution and violence at sites around the world, access to fair and functioning justice systems have met with apathy from politicians and fierce resistance from powerful business lobbies, but there are signs that this may be changing, says Mark Pieth, president of the Basel Institute on Governance.

• Norwich Pharmacal Orders Remain Vital In The Internet Age

  

  Norwich Pharmacal orders, which can require third parties to reveal vital information despite duties of confidentiality, have proven to be a versatile remedy in a wide range of cases over the decades. Today, they remain relevant because websites provide platforms for anonymous wrongdoing, says Simon Bushell of Signature Litigation.

• Latest Mastercard Ruling Is A Milestone For UK Class Actions

  

  A London appeals court recently revived a £14 billion proposed class action against Mastercard for charging high credit card fees, which represents a fillip for consumers in the ultimate David vs. Goliath contest but is not a slingshot to success just yet, say attorneys at FaegreBD.

• UK Confiscation Order Ruling Is A Win For Prosecutors

  

  Prosecutors will be glad that an English appeals court's recent judgment in Fulton v. Regina joins other Proceeds of Crime Act decisions in confirming that a court does not need to show leniency or resolve ambiguities in favor of an offender when making a confiscation order, says Nick Barnard of Corker Binning.

• UK Antitrust Watchdog Proposals Would Bolster Enforcement

  

  The U.K. Competition and Markets Authority's proposals for reshaping competition enforcement and consumer protection would shift the historical balance in U.K. competition policy, increasing regulatory burden on companies while weakening judicial scrutiny of CMA actions, says Bill Batchelor of Skadden.

• Proposed Arbitration Law May Be A Misstep For India

  

  A proposed Indian law, which could have the effect of excluding non-Indians from acting as arbitrators, is threatening to undermine the country's ambition to become an important seat of international arbitration, says Sarosh Zaiwalla of Zaiwalla & Co.

• UK Patent Law: Hot Topics Of 2018 And What's Ahead

  

  English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.

• UK Litigation And Guidance Highlight Cybersecurity Risk

  

  Recent developments in the United Kingdom emphasize the importance of companies implementing cybersecurity measures proactively both to prevent incidents and to argue in mitigation when, not if, the company does suffer a data breach, say Guillermo Christensen of Ice Miller LLP and Anupreet Amole of Brown Rudnick LLP.

• Attorney-Client Privilege Must Be Reclaimed In The UK

  

  The House of Lords' landmark decision in Three Rivers v. Bank of England significantly undermined confidentiality of communications between lawyers and clients. The U.K. Supreme Court should review this case as soon as possible, says Quentin Bargate of Bargate Murray Ltd.