Commercial Litigation UK

  • May 13, 2021

    Retail Giants Say Fake Evidence Nixes Damages In TM Case

    Two British retail giants that sold ready-made meals provided by a company that infringed the trademark of a bodybuilder's healthy food business have accused him of falsifying evidence to back his claims.

  • May 13, 2021

    Accounting Firm Denies Blame In Book Publisher's £90M Suit

    Accounting firm Haysmacintyre LLP has argued that a publishing house would have pushed forward with a costly expansion plan independent of the financial statements the firm prepared, pushing back against a £90 million ($126 million) negligence lawsuit.

  • May 13, 2021

    RSA Sues Insurer Over Tower Block Repair Costs

    Royal & Sun Alliance has sued another insurer in London for failing to contribute to the £6 million ($8.4 million) cost of repairing an apartment block in northern England after design defects led to chunks of cladding falling off.

  • May 13, 2021

    Insurers Fight $10M Suit Over Ship Stuck In Venezuela

    Lloyd's of London underwriters have argued that a subsidiary of Crédit Agricole SA cannot claim $10.4 million for a tanker requisitioned by Venezuela because the U.S. has signaled that it could relax sanctions against the nation, which make its return more likely.

  • May 13, 2021

    UK Targets Debt-Dodging Bosses Of Firms Hit By COVID

    Company directors who wind up their businesses to avoid repaying state-backed loans issued during the COVID-19 pandemic and other debts face being banned under draft legislation.

  • May 13, 2021

    UAE Bank Unit Sues Coal Trader Over $20M Finance Fraud

    A subsidiary of Dubai's Rasmala Investment Bank has sued a major commodities trader in London for fraud, accusing the Singapore-based company of deceiving it into providing $20 million to pay off debts.

  • May 13, 2021

    Facebook Loses Appeal Over CMA's Giphy Merger Probe

    An appeals court has tossed Facebook's challenge to restrictions imposed by U.K. antitrust enforcers as they investigate its purchase of Giphy Inc., saying on Thursday that the continuing restraints are a problem of the tech giant's own making

  • May 12, 2021

    Bitcoin 'Inventor' Sues For Access To $5.6B In Cryptocurrency

    Self-styled Bitcoin inventor Craig Wright on Wednesday formally launched legal claims in the U.K. against 16 Bitcoin developers, saying they should help him recover access to roughly £4 billion ($5.6 billion) in cryptocurrency.

  • May 12, 2021

    Eni Says Del. Litigation Funder Can't Avoid Sanctions

    Italian energy company Eni SpA has pressed a Delaware federal judge to sanction a litigation funder for failing to comply with discovery orders related to an arbitration against Nigeria, claiming that the funder's misconduct has harmed the oil giant.

  • May 12, 2021

    Amazon Did Not Receive Illegal State Aid, EU Court Says

    Amazon is off the hook for a £250 million ($301 million) tax bill after Europe's second highest court declared Wednesday that the online retailer's tax deal with Luxembourg didn't constitute an illegal loophole.

  • May 12, 2021

    UK Shipping Co. Avoids $5M Tax Charge On Resale Of Asset

    British tax authorities cannot tax a U.K. shipping company £3.5 million ($4.92 million) on its sale of a depreciated vessel because a straightforward application of the country's tax code prohibits it, Britain's top tax tribunal ruled.

  • May 12, 2021

    EU Courts Told To Let Iranian Cos. Use Sanction Blocking Law

    Iranian banks and businesses should be allowed to ask European Union courts to invoke a blocking law if they think a company has cut ties over fears of violating U.S. sanctions, a legal adviser told the bloc's top court on Wednesday.

  • May 12, 2021

    Tabloid Must Pay Markle's Legal Fees For Copyright Challenge

    A judge ordered a British tabloid on Wednesday to pay Meghan Markle's legal costs for challenging her copyright claim, saying the publisher had "refused to face up" to evidence that she was the sole author of a letter to her father that it published without her permission.

  • May 12, 2021

    Insurers Lose Human Rights Challenge To $1B Oil Spill Suit

    A London court dismissed on Wednesday part of a challenge brought by a club of insurers against the recognition of a Spanish ruling holding it liable for up to $1 billion for a devastating oil spill, tossing the underwriters' human rights arguments.

  • May 12, 2021

    Developer Loses Appeal To Avoid Fees For Ex-Lehman Banker

    A U.K. property developer lost its bid on Wednesday to avoid handing over performance fees and interest worth more than £1.3 million ($1.8 million) to a financier who stopped working on a joint venture.

  • May 12, 2021

    Retailers Seek Quick Win In MasterCard, Visa Swipe Fees Suit

    Hundreds of retailers asked a tribunal on Wednesday to rule that Visa and Mastercard overcharged them to process card purchases, arguing that it is bound by a U.K. Supreme Court ruling against the credit card companies over their merchant fees.

  • May 12, 2021

    Pension Introducer Avoids Closures Over Steelworker Scandal

    Two companies linked to an unregulated pension introducer avoided being shut down by the government when a judge ruled Wednesday that there was no evidence they did anything wrong in connection with an investment advice scandal involving steelworkers.

  • May 12, 2021

    Britvic Fights For More Pension Rate Powers At Appeals Court

    Soft drinks maker Britvic PLC urged a London appeals court on Wednesday to allow it to apply whatever percentage rate of increase on employee pension plans it chooses, including the option to reduce the rise year-on-year.

  • May 12, 2021

    Landlords Lose Challenge To Virgin Active's Restructuring

    A London court approved Virgin Active's planned restructuring on Wednesday despite opposition from a group of major landlords who objected to plans to wipe out overdue rent on most of the gym operator's sites after the pandemic sent revenues plummeting.

  • May 12, 2021

    Pfizer, BMS Aim To Block Generic In Blood Thinner IP Fight

    Pfizer and a subsidiary of Bristol Myers Squibb have hit back at an attempt by Teva to invalidate patents for development of a blockbuster blood thinner, saying the generic drugmaker's planned thrombosis treatment infringes its patents.

  • May 11, 2021

    Cayman Islands Court OKs Disclosure In $1.5B Award Fight

    A Cayman Islands appeals court has affirmed an order directing the principal holding company for Indian conglomerate Essar Group to disclose information and documents relating to the assets of an Essar unit that owes U.S. steel company ArcelorMittal more than $1.5 billion under a 2017 arbitral award.

  • May 11, 2021

    Insulin Pump Maker Says Roche Sneaked Into Market

    Medical device company Insulet kicked off a patent infringement trial Tuesday by accusing pharmaceutical giant Roche of launching its rival tubeless insulin pump before Insulet's patent expired to jump ahead of competitors and catch it off guard.

  • May 11, 2021

    ECJ Adviser Deems Portugal's Dividend Withholding Tax Legal

    Portugal's application of different tax rules to investment funds formed under its own laws and to those established in another European Union country is in line with EU legislation, an adviser to the bloc's highest court said.

  • May 11, 2021

    Jailed Billionaire Sues Rival Co. Over Alleged Corporate Raid

    A company owned by jailed Russian businessman Ziyavudin Magomedov is suing a rival firm over an alleged corporate raid at transportation giant FESCO, after the shipping company launched a $1 billion arbitration to claw back loans from Magomedov.

  • May 11, 2021

    The Hut Group Ordered To Hand Over PwC Report Into Fraud

    The Hut Group must hand over a PricewaterhouseCoopers report that uncovered fraud in the e-commerce company's accounts in 2011 to a journalist who has been covering its latest efforts to go public, a London court ruled on Tuesday.

Expert Analysis

  • Lifting US Sanctions On Iran Would Increase Financial Activity

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    If recent talks for the U.S. to rejoin the Iran nuclear deal pan out, financial activity between formerly sanctioned entities and European counterparties will likely increase, and demand for certain types of legal work may shift, say Kartik Mittal and Stephanie Limaco at Zaiwalla.

  • UK Ruling Shows Tool For Taming Multijurisdictional Disputes

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    In PJSC National Bank Trust v. Mints, the U.K. High Court imposed costs on the prevailing party for failure to notify the court of related proceedings, demonstrating an approach that judges may use to mitigate the risk of discordant outcomes in multijurisdictional litigation, say Thomas Grant at Cambridge University and Scott Kieff at George Washington Law School.

  • A Bumpy Road To Normality After UK Pandemic Support Ends

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    As U.K. government relief measures that have shored up businesses amid the pandemic taper off, parties that cannot resolve restructuring or insolvency issues through commercial bargaining will influence the types of matters appearing before courts for years, say attorneys at Freshfields.

  • Opinion

    High Court Int'l Discovery Case Fits Mootness Exception

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    Even if the underlying arbitration in Servotronics v. Rolls Royce concludes before the U.S. Supreme Court decides the case, the court should recognize an exception to mootness and resolve the circuit split on whether a U.S. discovery statute applies to international commercial arbitration, say attorneys at Freshfields.

  • 3 Lessons For UK Litigators In Virtual Trials

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    UK litigators should note several best practices for adapting to the hurdles, and capitalizing on the benefits, of virtual trials, and expect the new hearing format to persist beyond the end of the pandemic, say Christopher Boyne and Emma Laurie-Rhodes at Debevoise.

  • RETRACTED: Considering The Future Of The Serious Fraud Office

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    Editor's note: This guest article has been removed due to the authors' ongoing involvement in the case discussed.

  • Justices Will Bring Welcome Resolution In Int'l Discovery Row

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    The U.S. Supreme Court's decision this week to review Servotronics v. Rolls-Royce — a case concerning use of a U.S. discovery statute in aid of private international arbitration — will result in greater certainty as to the statute's scope and allow domestic parties to better defend themselves from foreign discovery requests, say Dan Ward and Elena Davis at Ropes & Gray.

  • ITC Seems Unlikely To Stay Investigations For Parallel IPRs

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    The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.

  • Opinion

    How London Could Become Europe's Arbitration Hub

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    Trade, historical and geographical advantages give London the post-Brexit opportunity to strengthen its position as the leading arbitration-friendly jurisdiction in the region and become the hub for European parties in dispute, says Leigh Crestohl at Zaiwalla.

  • Analyzing Cost Issues After Top Court MasterCard Ruling

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    The U.K. Supreme Court recently directed MasterCard v. Merricks back to the Competition Appeal Tribunal after clarifying the tests for class action certification, likely resulting in a green light for the action and a review of the regime-specific costs and funding models of the opt-out class action, says Andy Ellis at Practico.

  • Opinion

    US Should Learn From German Courts Balancing SEP Rights

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    The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

  • A Post-Brexit Guide To UK-Swiss Disputes

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    Following Brexit, jurisdictional issues in U.K.-Swiss disputes and the recognition and enforcement of foreign judgments will be governed by each country's respective national laws, rather than the Lugano Convention, creating uncertainty and potentially more expense and satellite litigation, say Janine Alexander at Collyer Bristow and Sébastien Collart at 100 Rhône Avocats.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Mitigate Key FCPA Risks With Tailor-Made Compliance

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    Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

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