Commercial Litigation UK

  • March 05, 2021

    US Blacklists Ex-PrivatBank Owner For Corruption

    The United States said Friday it placed a travel ban on a Ukrainian oligarch and former owner of PrivatBank for his involvement in "significant" corruption as an investigation relating to an alleged money laundering scheme involving billions stolen from the bank remains ongoing.

  • March 05, 2021

    Truck Buyers Rebuff Funding Challenge In UK Cartel Suits

    A London court on Friday rejected a challenge to funding arrangements used by two groups of truck purchasers suing leading manufacturers over a cartel, concluding that the deals weren't covered by rules on damages-based agreements.

  • March 05, 2021

    7 Questions For Covington EU Privacy Chief Daniel Cooper

    Covington & Burling LLP's European data protection chief Daniel Cooper talks to Law360 about how data privacy practice has developed over the course of his career and discusses the latest litigation and enforcement trends.

  • March 05, 2021

    Tabloid Loses Bid To Appeal Meghan Markle Privacy Win

    A London judge on Friday rejected a tabloid's request to challenge his ruling that the Daily Mail publisher had violated Meghan Markle's privacy by running extracts of a letter she wrote, saying he saw no prospect of success with an appeal.

  • March 05, 2021

    SFO, Dechert Can't Force ENRC To Post £34M In Leaks Row

    Kazakh mining company ENRC does not have to post £34 million ($47 million) cash in its bitter legal struggle with Dechert LLP and the Serious Fraud Office, as a judge said on Friday that its financial woes were obvious last year. 

  • March 05, 2021

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

    The past week in London has seen Scotland's ferry services sue its insurer, Britain's new high-speed rail service face another contract challenge and an ex-Qatari prime minister's company hit with a new suit. Here, Law360 looks at those and other new claims in the U.K.

  • March 05, 2021

    Insurer Amtrust Not On Hook For Repairs To £5M Penthouse

    A judge ruled on Friday that the owners of a £5 million ($6.9 million) London penthouse did not have cover for defects under insurance for a new building because the policy was not taken out in the name of the property developer as required.

  • March 05, 2021

    Soccer Club Can't Remove Arbitrator In £340M Takeover Fight

    Newcastle United has lost its bid to remove an arbitrator from the panel considering the club's dispute with the Premier League for scuttling its planned £340 million ($471 million) sale, as a judge rejected claims that the barrister had a conflict of interest.

  • March 05, 2021

    Germany Will Pay Utilities $2.9B For Nuclear Phaseout

    Germany has agreed to pay settlements totaling some $2.89 billion to four energy supply companies, including the Swedish company Vattenfall, to resolve legal disputes that arose after the country decided to phase out nuclear energy following the 2011 Fukushima disaster.

  • March 05, 2021

    Indian Banks Get Boost In UK Bid To Bankrupt Beer Tycoon

    A consortium of Indian banks won permission Friday to appeal the adjournment of English bankruptcy proceedings seeking to recover £1.05 billion ($1.45 billion) from erstwhile Indian drinks tycoon Vijay Mallya, who is facing extradition to India on fraud charges.

  • March 04, 2021

    Roc Nation Scores $12M Win In Maroon 5 Coverage Row

    A New York federal judge on Thursday awarded Jay-Z's entertainment company Roc Nation $12.5 million against HCC International Insurance Co. in a coverage dispute over the death of Maroon 5's manager, Jordan Feldstein, finding that the insurer wrongly calculated the coverage limit.

  • March 04, 2021

    HMRC Wins Appeal To Probe Utility Over Tax Structure

    A lower court should have deferred to HM Revenue & Customs' decision to leave open a tax investigation of a power company consortium, the U.K. Court of Appeal ruled.

  • March 04, 2021

    Energy Charter Treaty Case Highlights Divide Over Pact's Fate

    A legal adviser for Europe's highest court has concluded that the arbitration provision in a treaty relating to energy investments is invalid under European Union law, a decision that encapsulates a debate about the future of the aging and controversial treaty.

  • March 04, 2021

    Apple Faces UK Antitrust Probe Over App Store Terms

    The British competition authority opened an investigation Thursday into complaints that Apple sets unfair rules for app developers and monopolizes software on Apple devices.

  • March 04, 2021

    Justice Rose Tapped To Join UK Supreme Court

    The British government announced Thursday that Justice Vivien Rose will join the U.K. Supreme Court in April, after a winding career ranging from competition specialist to HM Treasury adviser.

  • March 04, 2021

    Cuba's €72M Debt Fair Game For Lawsuit, Fund Says

    Lawyers for an investment fund on Thursday defended its decision to sue Cuba for €72 million ($86 million) in unpaid sovereign debt at a hearing in London, arguing it's not a "vulture fund" aggressively pursuing the country over decades-old loans.

  • March 04, 2021

    Contractor Loses Challenge To £1.3B High-Speed Train Deal

    A judge ruled on Thursday that the state-funded company overseeing construction of Britain's new high-speed railway did not violate procurement rules when awarding a £1.3 billion ($1.8 billion) contract to build a key station to a consortium led by Balfour Beatty.

  • March 04, 2021

    No Goal: EU's Highest Court Overturns FC Barcelona Tax Deal

    A tax benefit granted to major Spanish soccer clubs, including FC Barcelona, constituted illegal state aid, Europe's highest court said in a final judgment Thursday, overruling a decision by the EU General Court two years ago.

  • March 04, 2021

    BT Gets June Date To Fight £600M Landline Rates Suit

    A tribunal ruled on Thursday that it will hear an attempt by a telecoms expert to bring a £600 million ($840 million) class action in London against BT Group PLC on behalf of millions of landline users by the end of June.

  • March 04, 2021

    AXA Unit Can Pull HMRC Into £10M Premiums Fraud Case

    A judge ruled on Thursday that a subsidiary of AXA XL Ltd. can sue HMRC as it pursues fraud allegations against an underwriter for £10 million ($14 million), describing the tax authority's attempt to avoid the claims as "smoke and mirrors."

  • March 04, 2021

    Virgin Sues US Train Operator For $250M For Dropping Name

    Virgin Enterprises is suing a U.S. train operator in London for more than $250 million in damages, accusing Brightline of using the COVID-19 pandemic to get out of trademark licensing deal early. 

  • March 03, 2021

    EU Adviser Says No To Energy Charter Treaty Arbitration

    An advocate general for the European Court of Justice concluded on Wednesday that the arbitration provision in the Energy Charter Treaty is incompatible with European Union law, a decision that backs the position already adopted by many EU member states and the European Commission.

  • March 03, 2021

    Credit Suisse Denies Conspiracy In $2B Mozambican Scandal

    Credit Suisse has denied knowing about a $2 billion fraud and bribery scam tied to loans the bank made to Mozambique, rejecting hedge funds' claims that it's liable for the actions of three former employees.

  • March 03, 2021

    InterDigital Kicks Off Trial Against Lenovo Over Its 4G IP

    InterDigital launched the first of a series of trials against Lenovo on Wednesday, accusing the Chinese tech giant of unlawfully using five of the mobile technology research company's standard-essential patents for 4G.

  • March 03, 2021

    UK's Move Closer To US Insolvency Law Slow To Play Out

    Eight months after the U.K. government introduced long-awaited reforms to bring the country's insolvency system more in line with the U.S. bankruptcy process, the changes remain largely untested amid the COVID-19 pandemic.

Expert Analysis

  • 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.

  • High Court Ruling Checks Growth Of Bank Protection Duty

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    A number of recent claimant-friendly decisions have considered and broadened a bank's common law duty to refrain from making payments where fraud is suspected, but the High Court's recent judgement in Philipp v. Barclays Bank suggests a turn in the tide, say Paul Brehony and Kate Gee at Signature Litigation.

  • Analyzing Illegality Defense Trend In Investor-State Arbitration

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    Cairn Energy v. India, a recent Permanent Court of Arbitration case, highlights the growing trend of states alleging illegal investor conduct to challenge tribunal jurisdiction or investor claim admissibility, say Caline Mouawad at Chaffetz Lindsey and Jessica Beess und Chrostin at Covington.

  • A Road Map For US Involvement In Europe's Cum-Ex Probe

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    The dividend arbitrage trading strategy known as cum-ex continues to face regulatory scrutiny in Europe, and stateside regulators may soon follow suit with the U.S. Securities and Exchange Commission’s recent American depositary receipt probe as a guide for enforcement, says Joshua Ray at Rahman Ravelli.

  • High Court Nazi Art Rulings Impede Restorative Justice

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    The U.S. Supreme Court's recent rulings in favor of the sovereigns in two cases involving art stolen by the Nazis, Germany v. Philipp and Hungary v. Simon, deprive victims of a domestic forum for restitution and leave them with the untested alternative of international arbitration, says Kathryn Lee Boyd at Hecht Partners.

  • ITC Dispute May Lead To PTAB Litigation Strategy Shifts

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    A pending motion to stay the dispute between AutoStore and Ocado at the U.S. International Trade Commission highlights competing timelines of the ITC and Patent Trial and Appeal Board, and has the potential to reshape the typical forum selection strategies for patentees and defense tactics for challengers, say attorneys at Reichman Jorgensen.

  • Opinion

    Judicial Review Panel Should Aim To Enhance Accountability

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    The U.K. government's panel assembled to conduct an independent review of administrative law should consider changes that would genuinely enhance judicial review, so the process can more effectively hold the government and public authorities to account, says Hatti Owens at ClientEarth.

  • UK Supreme Court Ruling Clarifies Arbitrator Bias Standard

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    The U.K. Supreme Court's judgment in Halliburton v. Chubb, likely the court's most important decision in the area of international arbitration in the past decade, articulates important guidelines for how English courts will police issues of arbitrator disclosure and bias, even as it fuels concerns among insurance policyholders, say Allan Moore and Ramon Luque at Covington.

  • ICJ Equatorial Guinea Ruling Could Alter Diplomatic Relations

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    The recent International Court of Justice judgment in Equatorial Guinea v. France, disallowing a sending state from unilaterally imposing its choice of premises for its diplomatic mission, bolsters anti-corruption efforts but may complicate future international relations, says Olivia Flasch at Signature Litigation.

  • Top Court MasterCard Ruling Lowers Bar For UK Class Suits

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    Although the U.K. Supreme Court's recent decision in MasterCard v. Merricks removes some certification barriers for collective actions, aspects of the court's opinion may provide comfort for defendants, say Louise Freeman and Harry Denlegh-Maxwell at Covington.

  • UK Biz Relief Extensions Back Debtor-Friendly Restructuring

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    New extensions of the Corporate Insolvency and Governance Act's temporary protections for struggling businesses, allowing delays to creditor enforcement actions, indicate that the U.K.'s restructuring process is increasingly prioritizing the survival of businesses amid the ongoing pandemic, say attorneys at Haynes and Boone.

  • Why The Singapore Convention Is Relevant In The UK

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    Although the U.K. has not ratified the newly effective Singapore Convention, which establishes a legal framework for mediated settlement recognition across jurisdictions, U.K. parties should heed the convention due to its scope and popular uptake, say Simon Everington and Johnny Shearman at Signature Litigation.

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