Commercial Litigation UK

  • July 03, 2020

    Developer's Suit Over Lloyds Interest Rate Hedge Tossed

    A judge in London has scrapped a property investor's suit against Lloyds Banking Group over its conduct during a review of interest rate hedging products that he bought in the mid-2000s, ruling on Friday that he had not taken the necessary steps for bringing his claim.

  • July 03, 2020

    SFO Must Ask Ex-Staff About Private Phone Use In ENRC Suit

    The Serious Fraud Office must ask its former employees whether they used personal mobile phones when doing work for the agency as part of ENRC's lawsuit accusing it of colluding with the Kazakh mining giant's former law firm, a judge said on Friday.

  • July 03, 2020

    Producer Fights Off Objections To Amend Tax Fraud Suit

    A judge has allowed a French movie producer to amend his fraud suit against nearly a dozen financial advisers and former HSBC bankers, dismissing objections on Friday from some of the defendants that the proposed changes "significantly disfigure the claim."

  • July 03, 2020

    6 Wirecard Units Follow Parent Into Insolvency Proceedings

    Six German subsidiaries of payments company Wirecard AG have applied for insolvency proceedings as administrators prepare to sell off assets to dismantle the group amid a fraud investigation. 

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 03, 2020

    Spreadbetting Platform Chases Tycoon Over £1M Debt

    An online trading platform is chasing real-estate tycoon Robert Tchenguiz for at least £1.1 million ($1.4 million) in unpaid debts after his bets on a rail and bus company went sour. 

  • July 02, 2020

    New Protocol Aims To Help Move Arbitrations Online

    A protocol aimed at helping the international arbitration community adopt a globally consistent approach to online case management platforms has been released, a document that its authors say they hope will become a reference point for arbitration users looking to move their disputes online.

  • July 02, 2020

    Safeway Seeks Millions In 4-Month Pension Payout Savings

    Safeway told an English appeals court Thursday the European Court of Justice's ruling that it couldn't retrospectively bump the retirement age of some female employees up to 65 didn't apply to a slim four-month period before changes were made to the workers' pension plan.

  • July 02, 2020

    Investors Must Disclose Advice History In Tax Relief Suit

    A group of investors suing financial advisers, accountants and banks over their alleged role in a failed film tax relief scheme operated by Ingenious Media must disclose other investments they made and advice they received, a London judge ruled Thursday.

  • July 02, 2020

    ECJ Nixes Barring New Info From VAT Invoice Corrections

    European Union countries can't prohibit the use of new information by those attempting to correct invoices for value-added tax transactions, the bloc's highest court ruled Thursday in a case involving agricultural businesses in Romania and Germany.

  • July 02, 2020

    Sky, SkyKick Get OK To Appeal Rulings In Trademark Battle

    Sky Ltd. and SkyKick can each challenge rulings in their trademark dispute after a court in London ruled that the British telecommunications giant had registered some uses in bad faith but concluded that the Seattle startup had infringed others.

  • July 02, 2020

    Ex-Barclays CEO Defends Qatar Dealings At Fraud Trial

    Barclays' former chief executive defended payments made by the bank to Qatar as it sought to raise capital in 2008, arguing at PCP Capital's £1.6 billion ($2 billion) fraud trial on Thursday that they were a legitimate part of a long-term strategy to generate more business.

  • July 02, 2020

    Depp Libel Trial To Go Forward Despite Withheld Texts

    A judge has refused to toss out Johnny Depp's libel suit against the publisher of The Sun newspaper after the actor's legal team failed to disclose text messages about his drug use, saying on Thursday that he accepted it was done in error.

  • July 02, 2020

    UK Gov't Recognizes Guaidó As Venezuela Prez, Judge Rules

    The British government has "unequivocally recognized" opposition leader Juan Guaidó as president of Venezuela, a judge ruled at a London court on Thursday as he found against the Nicolás Maduro government in a legal battle over access to €930 million ($1 billion) of gold stored at the Bank of England.

  • July 02, 2020

    BlackRock Not Entitled To Tax Exemption, Top EU Court Rules

    Investment manager BlackRock is not entitled to an exemption from value added tax on its technology platform under a provision meant to protect special investment funds, the European Union's top court ruled on Thursday.

  • July 01, 2020

    Unión Fenosa Wins Round In $2B Award Fight Against Egypt

    A London judge declined to set aside an order dispensing with formal service requirements relating to Unión Fenosa Gas' efforts to enforce a $2 billion arbitral award against Egypt after a certificate of service was apparently lost on its way back from Cairo to England.

  • July 01, 2020

    Bank Fights To Claw Back £3.6M Paid In Zumax Fight

    First City Monument Bank urged a London judge on Wednesday to order Zumax Nigeria Ltd. to return the more than £3.6 million ($4.5 million) the bank paid the engineering company for a now-overturned judgment, or face having its suit over the money tossed.

  • July 01, 2020

    Mozambique Can Tweak ID Of Privinvest Co. In $2B Fraud Suit

    A London judge agreed Wednesday to let Mozambique amend its lawsuit against a United Arab Emirates shipbuilder in its dispute with Credit Suisse over a $2 billion fraud and bribery scheme, rejecting claims the country had sued a company that no longer existed.

  • July 01, 2020

    BDO Seeks To Dodge Property Developer's Conspiracy Claims

    Lawyers for BDO LLP told a judge Wednesday that a property developer accusing the accounting firm of unlawfully conspiring with Barclays Bank PLC is wasting the court's time because identical claims against the lender have already been struck out.

  • July 01, 2020

    Investors Claim G4S Execs Turned Blind Eye To Overcharging

    Senior managers at G4S PLC "turned a blind eye" to the security and outsourcing giant's long-running practice of overcharging the British government for electronic tagging of offenders, institutional investors have alleged in a lawsuit claiming the group inflated its share price.

  • July 01, 2020

    Wirecard Offices Raided Again As Fraud Probe Widens

    Police and prosecutors raided Wirecard's head office in Germany and four other properties on Wednesday in a widening investigation into alleged fraud linked to €1.9 billion ($2.1 billion) missing from the company's accounts.

  • July 01, 2020

    What To Look For During The FCA's Biz Insurance Showdown

    Thousands of small businesses across the U.K. could see their financial futures turn on a High Court test case brought by the Financial Conduct Authority later this month, an action that could set new precedents for insurance law and the speed of the legal process.

  • June 30, 2020

    Dechert Atty's Evidence Errors Can't Reopen UAE Fraud Suit

    A London judge has refused to reconsider his ruling that aviation magnate Farhad Azima defrauded an Emirati state-owned fund, saying Tuesday that a Dechert attorney's incorrect testimony at trial did not alter the substantive findings against the Arab-American businessman.  

  • June 30, 2020

    Lloyds Hits Back At £8.5M Claim Over Libor Swaps

    The former chairman of a British-based mining investment company does not have a right to sue Lloyds Bank PLC over millions of pounds worth of swaps linked to Libor, the lender argued as it denied engaging in deceit or misrepresentation.

  • June 30, 2020

    Pfizer Calls For Fees On US Merck Pneumonia Vaccine At Trial

    Pfizer kicked off a London trial against Merck Sharp & Dohme on Tuesday by saying the rival pharmaceutical company's proposed pneumonia vaccine infringes its Prevenar 13 patent, meaning the U.S. drugmaker should pay for use of its technology.

Expert Analysis

  • Calderbank Offers Still Play A Role In English Litigation

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    The May decision by England's High Court in MEF v. St. George's Healthcare is a reminder that, notwithstanding the advantages of making a settlement offer under Part 36 of the Civil Procedure Rules, Calderbank offers should always be considered as part of any settlement strategy, says Afzalah Sarwar at Morgan Lewis.

  • UK Contract Guidance On COVID-19 Stresses Good Behavior

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    The U.K. Cabinet Office's recent guidance on how parties to contracts should address COVID-19 impact is unusual in underscoring the reputational consequences of commercial conduct, but so are the circumstances that have given rise to it, say Christa Band and Jane Larner at Linklaters.

  • UK Appellate Rulings Clarify Arbitral Choice Of Law

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    Two recent U.K. Court of Appeal decisions have changed the operation of the choice-of-law test for arbitration — a resolution as significant as changing the test itself because it affects the implied choices of the contracting parties, say attorneys at Squire Patton.

  • French Force Majeure Case Holds COVID-19 Lessons For Cos.

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    A French court's recent ruling in a dispute between two energy companies may represent the first commercial case law recognizing the COVID-19 pandemic as a force majeure event — and the court's close analysis of the parties' contract is relevant to companies in other jurisdictions, say attorneys at Signature Litigation.

  • Post-Pandemic Litigation To Expect In England And Wales

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    Globally, we are already starting to see insolvency-related claims and a number of insurance, breach of ‎contract, employment and securities class actions across numerous sectors. These and other claims will likely increase for U.K. businesses, say Tracey Dovaston and Fiona Huntriss at Boies Schiller.

  • A UK Court Take On Contracting With An Undisclosed Agent

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    The recent ruling by the English Commercial Court in National Bank of Kazakhstan v. BNY Mellon is a reminder of the potential difficulties that agency relationships — or the possibility of them — can create for contractual enforcement and interpretation, even years after a contract is signed, says Jonathan Swil at Shearman & Sterling.

  • Opinion

    Reflections On The UK Bribery Act 10 Years On

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    While the U.K. Bribery Act has been positive overall, regulators should seek urgent reform to better enable the investigation and prosecution of companies and individuals for economic crimes, especially in cases directly harming people and the environment, says Chris Phillips at Alvarez & Marsal.

  • UK Lawyers Can Adapt Due Diligence To Screen New Clients

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    As COVID-19-related fraud gains pace, U.K.-based practitioners should help combat money laundering by using alternative methods to verify that new clients are who they say they are, says Christopher Convey, a barrister at 33 Chancery Lane and chair of the Bar Council's Money Laundering Working Group.

  • A Powerful Lesson In UK Data Protection Law Restrictions

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    While data protection laws are not naturally associated with efforts to impede the use of the death penalty, a recent U.K. Supreme Court ruling related to the U.S. investigation of an ISIS militant has implications for authorities seeking to transfer data to international counterparts, as well as private data controls generally, says David Rundle at WilmerHale.

  • A Look Forward To UK Banking Litigation In The 2020s

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    With an eye on the impact of COVID-19 and the evolving threat of financial crime, Christa Band and Jane Larner at Linklaters provide an overview of the near-future challenges financial institutions should expect.

  • 6 Areas Where UK Class Actions May Increase

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    Class actions have been growing in prominence in the U.K. courts for a number of years, and the pandemic clearly has the potential to exacerbate that trend in certain areas in the coming weeks, months and years, say attorneys at Herbert Smith.

  • 4 Exceptions To Termination Of Intra-EU Investor Arbitration

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    An agreement for the termination of intra-European Union bilateral investment treaties signed last week was intended to eliminate arbitration claims brought outside of the member states' court systems, but may have left certain avenues for such claims, say attorneys at Dechert.

  • A UK Business View Of COVID-19's Economic Fallout

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    Covington attorneys Alex Leitch and Harry Denlegh-Maxwell provide a bird's-eye view of how U.K. businesses will navigate the legal and economic aftermath of the pandemic, including discussion of where litigation funding, class actions, insurance disputes and force majeure fit it.

  • Arbitration As A New Normal May Hinge On Cybersecurity

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    Aside from certain hearings that might not be suitably conducted via videoconferencing, the disruptive impact of COVID-19 on international arbitration has been relatively modest — however widescale remote work exacerbates the gaps in cybersecurity, say Claire Morel de Westgaver and Rachel Chiu at Bryan Cave.

  • Virtual Trials Are A Brave New World For UK Litigation

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    The English High Courts' shift to virtual hearings has dramatically altered courtroom dynamics, introducing many new variables and forfeiting the benefit of nonverbal communication, says Tom Sprange QC at King & Spalding.

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