Commercial Litigation UK

  • January 27, 2022

    HMRC Tells Justices Not To Overlook Accounting Standards

    Judges shouldn't overlook accounting standards to enable subsidiaries to claim a parent company's accounting debits from granting options the companies purchased for employees through a benefit program using intercompany transactions, HM Revenue & Customs told the U.K.'s top court.

  • January 27, 2022

    Ex-Jefferies VP Loses Credibility Row Over Doctor's Report

    A London court has dismissed a lawsuit brought by a former Jefferies vice president against a doctor, finding that it was the broker's dishonesty rather than the physician's health report that doomed his employment discrimination claim.

  • January 27, 2022

    Taylor Wessing May Face Expanded Suit Over Tax Advice

    Two of Norway's richest men asked a court Thursday to expand their £11 million ($14.7 million) lawsuit accusing Taylor Wessing and Moore Stephens of failing to respond to changes in how the government taxes U.K. residents based abroad.

  • January 27, 2022

    Top UK Court Passes On $1.4B 1MDB Scandal Deal Review

    Malaysia's government can proceed with efforts to upend a $1.4 billion settlement with a United Arab Emirates investment fund in connection with the 1MDB scandal after the U.K. Supreme Court announced on Thursday that it would not hear the case.

  • January 27, 2022

    ECJ Rules Spanish Disclosure Statute Violates EU Law

    A Spanish law that requires taxpayers to declare assets held outside the country or face steep fines violates European Union laws guaranteeing the free movement of capital, Europe's highest court ruled Thursday.

  • January 27, 2022

    DLA Piper Says Former Client Can't Avoid Unpaid Fees

    DLA Piper has pushed to knock out a counterclaim from a former client seeking to avoid the law firm's attempt to recover £828,000 ($1.1 million) in allegedly unpaid legal fees, arguing it wasn't negligent when advising the building company in a separate lawsuit.

  • January 27, 2022

    Top Court To Weigh Jersey's Reach For Criminal Asset Grab

    The highest court for overseas British territories confirmed on Thursday that it will consider whether Jersey's courts can help confiscate an apartment owned by a former banker convicted of money laundering, in a major test of the offshore island's reach.

  • January 27, 2022

    Liquidators Lose Appeal In $318M Siphoned Securities Case

    An appeals court ruled on Thursday that a Saudi Arabian bank, Samba Financial Group, cannot be liable for compensation sought by a defunct lender because the ownership of shares changed when they were transferred overseas.

  • January 27, 2022

    Allen & Overy Hires Veteran Civil Fraud Lawyer From RPC

    Allen & Overy has hired disputes specialist Andy McGregor, former head of civil fraud at RPC, as a partner to boost its litigation and investigations business in London.

  • January 26, 2022

    UK Top Court Asked To Set Aside Book Rules For Profits

    Lower courts correctly found two subsidiaries can deduct accounting debits from their parent company's stock option grants to employees when calculating profits for corporate tax, despite international accounting standards, the firms told the U.K. Supreme Court.

  • January 26, 2022

    Vale Says It Was Victim Of Elaborate Fraud In Mining Deal

    Brazilian mining giant Vale told the High Court on Wednesday that it is owed $1.2 billion in damages by an Israeli billionaire, who the company alleges fraudulently induced it into a corrupt iron ore deal in Guinea.

  • January 26, 2022

    Trader Says Court Held 'To Ransom' In Denmark Cum-Ex Case

    A trader accused of bilking Denmark out of £1.5 billion ($2 billion) in fraudulent tax refunds told an appeals court Wednesday that the country is holding England's courts "to ransom" by alleging it was the victim of a massive dividend tax scam.

  • January 26, 2022

    Bitcoin 'Inventor' Can't Post Security In Tokens, Court Rules

    A self-described bitcoin inventor cannot post security in the form of digital assets to cover future costs in his lawsuit, which seeks to force software developers to help him recover access to approximately £4 billion ($5.4 billion) in cryptocurrency, a London judge ruled Wednesday.

  • January 26, 2022

    EU Court Annuls €1.1B Antitrust Fine Against Intel

    A European Union court has overturned a €1.06 billion ($1.2 billion) antitrust fine against chipmaker Intel Corp., finding on Wednesday that legal errors were made when the penalty was handed down in 2009.

  • January 26, 2022

    Judge Tosses MBS Suit, Allows Directors To Remove Names

    A judge on Wednesday struck out a lawsuit purportedly brought by a mortgage-backed securities vehicle and granted permission to the company's directors to strike their names from the action, amid a continuing row over control of the business.

  • January 26, 2022

    Boots Ex-Workers Sue Retailer Over Gender Pay Gap

    About 150 former employees of high street health retailer Boots have sued the company over a gender pay gap, alleging that female workers are treated less favorably because of their gender.

  • January 26, 2022

    Car Crash Claims Fall 20% After Injury Law Reform

    The number of people filing personal injury claims from motor wrecks fell by nearly 20% last year after the government introduced major civil justice reforms, a trade body for consumers and businesses that support claims said on Wednesday.

  • January 26, 2022

    Kuwait Pension Fund Loses Appeal To Sue Swiss Banks In UK

    Two Swiss banks succeeded on Wednesday in keeping bribery allegations brought by Kuwait's pension authority out of the English courts after appellate judges held that the claim was barred by jurisdictional clauses.

  • January 25, 2022

    Romania Can't Pay $356M Award, Europe's Top Court Says

    Europe's highest court ordered the EU General Court to determine once and for all if a $356 million arbitration award to Swedish investors falls under state aid law, reviving a long-running dispute over the European Commission's decision to bar Romania from paying the award.

  • January 25, 2022

    Eurostar Employee Loses Appeal On Disability Claim

    A customer service worker for Eurostar has lost an appeal over whether fatigue said to be suffered following an operation could be considered a disability, after claiming that the train operator had failed to make accommodating changes to her shift pattern.

  • January 25, 2022

    Nearly 1 In 2 Large UK Firms Seeking Mergers To Grow Faster

    Almost half of large U.K. law firms are actively looking to merge with other firms, acquire, or be acquired, hoping not to be left behind in an increasingly consolidated market, according to a new study by Acquira Professional Services.

  • January 25, 2022

    BCLP, Fieldfisher May Face Suits In Mortgage Vehicle Fights

    Law firms Bryan Cave Leighton Paisner LLP and Fieldfisher LLP have been named as proposed defendants in separate lawsuits brought by special purpose mortgage vehicles seeking court orders enforcing what they say are their new slates of directors.

  • January 25, 2022

    Financial Adviser Sues Insurance Broker Over Success Fee

    A financial advisory company has sued a motor insurance provider for allegedly failing to pay it a "success fee" of at least £500,000 ($674,000) after the broker was successfully sold to a private equity executive.

  • January 25, 2022

    Danish Tax Authority Looks To Revive $2B Cum-Ex Fraud Suit

    Denmark urged an English appellate court on Tuesday to revive its £1.5 billion ($2 billion) dividend tax fraud case against British hedge fund trader Sanjay Shah and others, arguing it was wrongly thrown out as an inadmissible foreign revenue claim.

  • January 25, 2022

    Investigator Returns After SFO Says He Wasn't ENRC Source

    A two-year internal probe into a Serious Fraud Office investigator accused of leaking confidential information about Eurasian Natural Resources Corp. has found he did not disclose materials to the press, the agency said in a London court filing.

Expert Analysis

  • Ruling Highlights UK Courts' Approach To Climate Claims

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    The Scottish Court of Session's decision in Greenpeace Ltd. v. The Advocate General illustrates that courts in England, Wales and Scotland do not consider the effects of oil consumption to be a relevant consideration in the context of environmental impact assessments, thereby putting the issue of the justiciability of climate-related claims back into the spotlight, say Mark Clarke and Gwen Wackwitz at White & Case.

  • Issues To Watch In Potential English Arbitration Act Reform

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    Summary dismissal, confidentiality, technological updates and certain other topics that could fall under the England and Wales Law Commission's upcoming review of the 25-year-old Arbitration Act should be of particular interest to those considering an English-seated arbitration, say Neil Newing and Alasdair Marshall at Signature Litigation.

  • Investors May Reconsider Arbitration Seats After ECJ Ruling

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    The European Court of Justice's recent Moldova v. Komstroy decision undermines the attractiveness of European Union-seated investment arbitration as it highlights to investors that such proceedings can be subject to interference from EU courts, says Tomas Vail of Vail Dispute Resolution.

  • How Immune Are State Agents From Foreign Courts?

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    The ongoing case of Basfar v. Wong is the latest to raise questions about the boundary between commercial or private activity and the exercise of sovereign authority that shields state agents from foreign judicial scrutiny — and the U.K. Supreme Court's upcoming decision in the matter will likely bring clarity on exceptions to the immunity doctrine, say Andrew Stafford QC and Oleg Shaulko at Kobre & Kim.

  • Football Statistics Fight May Clarify Data Fouls Under GDPR

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    Expected litigation from a group of footballers against companies that mine and monetize their performance statistics would challenge the boundaries of permissible data collection and help define damages under the General Data Protection Regulation, says Kim Roberts at King & Spalding.

  • UK's Vicarious Liability Juggernaut Shows Signs Of Slowing

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    In the last five years, U.K. court decisions have generally broadened the scope of vicarious liability, holding organizations responsible for individuals' crimes, but more recent decisions suggest that courts are finally taking steps to limit such liability, say Stephanie Wilson and Philip Tracey at Plexus Legal.

  • UK Ruling Evinces Conflict In Int'l Award Enforcement

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    A recent U.K. Supreme Court decision in Kabab-Ji SAL v. Kout Food Group, declining to enforce an International Chamber of Commerce award, revives a decade-old cautionary tale in Anglo-French judicial relations and the potential lack of consensus in the cross-border enforcement of international awards, say attorneys at Crowell & Moring.

  • Navigating FCPA Risks Of Minority-Owned Joint Ventures

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    The U.S. Department of Justice and U.S. Securities and Exchange Commission will likely continue to focus on third-party risks under the Foreign Corrupt Practices Act, so companies with minority-owned joint ventures should take several steps to mitigate related compliance challenges, say Ben Kimberley at The Clorox Company and Addison Thompson at Covington.

  • What SEP Holders Can Take Away From UK's Apple Ruling

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    A U.K. court's recent decision in the standard essential patent dispute between Apple and Optis Cellular Technology provides encouragement for SEP owners litigating their portfolios in the U.K. and reaffirms the country's place as a patentee-friendly jurisdiction, says Tess Waldron at Powell Gilbert.

  • Complex Fraud Ruling Clarifies Abuse Of Process Jurisdiction

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    The U.K. Court of Appeal’s recent judgement in Regina v. Jones — allowing prosecution of the complex fraud case to continue — provides important guidance on trial judges’ proper use of the abuse of process jurisdiction in the context of private prosecution, says David Corker at Corker Binning.

  • The Rise Of Climate Change Litigation In Europe

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    European courts are an increasingly popular arena for preventative environmental litigation because they can give judgments that have immediate and binding effects on member states and international companies, making it imperative for companies to comply with and exceed environmental standards, say Sylvie Gallage-Alwis and Stephanie Eaton at Signature Litigation.

  • Policyholder Outlook Following UK Biz Interruption Test Case

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    In the nine months since the U.K. Supreme Court ruled in favor of policyholders in the Financial Conduct Authority’s test case on insurance coverage for COVID-19 businesses interruption claims, similar lawsuits filed against insurers show that a positive outcome for insureds is not guaranteed, say Peter Sharp and Paul Mesquitta at Morgan Lewis.

  • How UK Data Breach Ruling May Rein In Insurance Claims

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    The recent U.K. High Court ruling in Warren v. DSG Retail, which held that claimants can only pursue personal data claims provided for in data protection legislation, narrows the basis upon which claims can be made following a data breach, and could make lower-cost recovery of after-the-event insurance premiums a thing of the past, say attorneys at Jenner & Block.

  • Takeaways On Noncompete Pacts From UK Top Court Ruling

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    The recent U.K. Supreme Court holding in Harcus Sinclair v. Your Lawyers provides a helpful synopsis of factors to be considered in determining whether the beneficiary of a restraint of trade undertaking has legitimate interests to protect, say David Fisher and Pooja Dasgupta at CM Murray.

  • Takeaways On Pre-Action Protocols From UK Patent Ruling

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    The U.K. High Court's recent patent ruling in Add2 Research v. dSpace instructs parties in proper pre-action discussions that avoid breaches of protocol, including how to provide materials in confidence, say Angela Jack and Emily Atherton at EIP.

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