Commercial Litigation UK

  • January 17, 2020

    BigLaw Arbitration Specialists Are Among 114 New QCs

    Six international arbitration lawyers from Freshfields Bruckhaus Deringer LLP, White & Case LLP, Herbert Smith Freehills LLP, Blackstone Chambers and Clyde & Co. LLP are among the 114 new Queen's Counsel who will formally become silks in March.

  • January 17, 2020

    Britvic Dealt Blow In Pension Rate Increase Dispute

    Soft drink maker Britvic PLC cannot lower the rate it applies to inflationary increases in employee pension plans that are already being paid out, a judge in London ruled on Friday.

  • January 17, 2020

    Owner Must Pay Costs After $23M Sunken Ship Suit Sinks

    A Panamanian shipping company that gave up its fight to recover $22.5 million for a sunken container ship from insurers who alleged the vessel was sabotaged must pay a portion of the insurer's costs for taking the ship’s owners to court, a judge ruled Friday.

  • January 17, 2020

    RBS Demands £24M From Insurers Over Madoff Fraud Losses

    The Royal Bank of Scotland has taken aim at five insurers who wrote computer fraud policies for one of its subsidiaries, saying it is owed more than £24 million ($31.3 million) for losses caused by Bernard Madoff’s investment vehicle.

  • January 17, 2020

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

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 17, 2020

    Shipper Settles Spoiled Milk Fight With Dairy Co.

    Shipping giant MSC Mediterranean and a Kuwaiti insurer have settled a lawsuit at the High Court in London over damage to a cargo of milk powder and cigarettes, ending a battle over whether bad weather was at fault.

  • January 17, 2020

    Insurers Rip Maersk’s Cybersecurity In $1M Cargo Loss Claim

    Allianz, AXA and food companies cast doubt on claims by Maersk Line AS that a cyberattack caused more than $1 million in cargo losses back in 2017, but said if that were true, flaws in the shipping giant’s computer security were to blame.

  • January 17, 2020

    Jail Talk Was 'Shorthand' For Qatar Deal Risks, Jury Told

    A former Barclays executive accused of fraud testified Friday that his jokes about avoiding prison because of the bad food and "worse sex" while organizing a crucial cash injection from Qatar during the financial crisis were “shorthand” for ensuring the transaction was legal.

  • January 16, 2020

    Banker Denies Brainstorming Dishonest Ways To Pay Qatar

    A former Barclays executive accused of fraud denied discussing dishonest ways to pay extra fees to Qatar to secure emergency funding from the Gulf state during the financial crisis, testifying Thursday he was “brainstorming” ideas he believed provided “commercial value” to the bank.

  • January 16, 2020

    Broker, Property Owner Get 9-Day Trial For £7M Dispute

    An insurance dispute over the liability for fire damage to a landmark building in Liverpool will head to trial next year, a judge ruled in a recent court order.

  • January 16, 2020

    Hedge Fund Can't Add Trash Talk Claim To Fee Fight

    A judge said on Wednesday that it is too late for a hedge fund to amend its defamation claim against a broker to include allegations that the broking company owner called the fund a "sinking ship," as he refused to widen a dispute over unpaid fees.

  • January 16, 2020

    Ex-Citi Banker Wins Dismissal Case After Boss Called Him Old

    A former executive at Citigroup in London has won an age discrimination case against the U.S bank, after a tribunal ruled he had been unfairly dismissed after being told he was "old and set in your ways."

  • January 16, 2020

    Auditor Defends Info-Gathering In Insurer's £20M Loss Suit

     BSG Valentine has defended the steps it took to get audit evidence from a now-defunct Caribbean insurer about the value of gold reserve bonds on its books, as the accounting company fights negligence claims from the insurer's liquidators.

  • January 16, 2020

    Broker Fights Nigerian Insurer's Unpaid Reinsurance Claim

    A British insurance broker struck back against litigation filed by a Nigerian insurer alleging that the intermediary failed to find it suitable reinsurance coverage, leaving the insurance company on the hook for some damages when an airplane storage facility caught fire.

  • January 15, 2020

    EU Court Adviser Suggests Curbing Gov't Security Data Grabs

    Security agencies in the U.K., France and Belgium cannot indiscriminately sweep up personal data from phone and internet service users, even during terrorism investigations, an adviser to the EU's top court said Wednesday.

  • January 15, 2020

    SocGen Reaches Settlement In Libor-Rigging Suit

    Societe Generale SA has cut a deal to settle part of the massive Libor-rigging litigation investors have leveled against more than a dozen big banks, although no specifics on the agreement were provided.

  • January 15, 2020

    Journalist Denies Leaking Confidential Info On ENRC Probe

    A British freelance journalist has denied leaking confidential information about an internal investigation by Eurasian Natural Resources Corp. into suspected corruption, saying the information he shared with newspapers wasn't protected.

  • January 15, 2020

    Barclays' Qatari Side Deal Was Legit, Ex-Exec Testifies

    A former Barclays executive on trial for fraud testified Wednesday that a side deal to pay additional fees to Qatar for providing needed capital to Barclays at the height of the financial crisis was both legal and commercially reasonable.

  • January 15, 2020

    Qatar Bank Gets A Boost After Yacht Owner Bails On €5M Trial

    A High Court judge on Wednesday threw out Force India Ltd.’s defense to a €5 million ($5.5 million) claim from Qatar National Bank over outstanding loan payments and the sale of a luxury yacht after the Indian company failed to show up for trial.

  • January 15, 2020

    Oligarch's Ex Loses Fight For £9M London House

    A London judge on Wednesday scrapped an upcoming trial over whether a Russian banker's ex-wife can profit from the sale of a £9 million ($11.7 million) house in the country's capital because of her "casual" approach to disclosing her bank accounts.

  • January 15, 2020

    PIs Who Broke Ex-Bank Client Confidence Found In Contempt

    A judge ruled on Wednesday that two private investigators were in contempt of court for failing to hand over details about confidential information they unlawfully disclosed about a Tanzanian bank, whose owners had been their clients and who had been hit with money laundering allegations.

  • January 15, 2020

    Citadel Securities Sues Rival Over Trade Secrets Theft Claims

    Market-maker Citadel Securities is suing a London rival and five of its executives in the High Court over allegations they stole a secret trading strategy that cost the company more than $100 million to develop.

  • January 15, 2020

    Brown Rudnick Hires City Litigation Partner In London

    Brown Rudnick LLP has lured a new partner to join its litigation and arbitration practice who will focus on group litigation and class actions, the law firm said.

  • January 14, 2020

    Netherlands, Australia Lead As Securities Deal Hotspots

    Australia continues to be a hotbed for securities class action litigation outside of North America, but the Netherlands is where investors have secured some of the biggest settlements of all time in an overseas market, according to a new report from Institutional Shareholder Services Inc.'s Securities Class Action Services.

  • January 14, 2020

    Tribunal Gives Djibouti 2 Months To Restore Port Rights

    A London-based tribunal has ordered Djibouti to restore the Emirati company DP World's right to operate a deep-sea terminal that the East African nation illegally seized and transferred to a state-owned company, according to a Tuesday statement.​​​​​​

Expert Analysis

  • Mandatory Mediation May Lie Ahead For England And Wales

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    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

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    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

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    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

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    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

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    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

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    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?

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.