Commercial Litigation UK

  • April 09, 2020

    Anheuser Busch £10M IP Trial Delayed By COVID-19 Issues

    A London judge agreed Thursday to delay the start of Anheuser-Busch's infringement trial against Heineken for a few days due to the COVID-19 pandemic, but rejected its request to push back the dispute over beer keg patents by two weeks.

  • April 09, 2020

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

    The past week in London has seen a major Portuguese bank join the queue of lenders suing Mozambique in the wake of a $2 billion fraud scandal. Russia's sovereign wealth fund target another news outlet over coverage and BP add to the legal woes for its rival Glencore. Here, Law360 looks at those and other new claims in the U.K.

  • April 09, 2020

    Ex-RBS Manager Loses Legal Fee Challenge In Tax Suit

    A former Royal Bank of Scotland manager has lost his fight over the legal fees he owes Fieldfisher LLP for his now-settled £14 million ($17.3 million) lawsuit against a financial adviser over tax advice, after a judge ruled that the appeal has no chance of success.

  • April 09, 2020

    Healthcare Provider Pushed Into Administration Amid Probe

    Troubled hospitals operator NMC Health PLC was placed into administration by a court on Thursday after failing to win support from its creditors following a regulatory probe and reports of financial turmoil.

  • April 08, 2020

    Hogan Lovells Shakes Up Firm Structures With CEO Change

    Hogan Lovells is planning to reorganize its practice groups and reshuffle its international leadership when its next global CEO and deputy CEO take over in July, the firm said Wednesday.

  • April 08, 2020

    Enforcement Of €290M NextEra Award Will Remain On Hold

    Efforts by Dutch subsidiaries of U.S.-based NextEra Energy Inc. to enforce a €291 million ($316 million) award against Spain will remain on hold, although Madrid must agree to promptly pay the award if its ongoing set-aside bid is unsuccessful, an international committee has ruled.

  • April 08, 2020

    Investors Reach Deal With Estera In Caribbean Resort Fight

    A dispute between a Guernsey-based trust manager and a group of investors seeking to recoup funds they poured into a failed Caribbean resort project has been paused after the parties struck a deal to bring the claim to an end.

  • April 08, 2020

    Jet Owner Hit With £30M Damages Claim Over Loan Breach

    A financing company has sued a private jet operator for more than £30 million ($37.2 million) in damages for allegedly breaching the terms of a funding agreement used to purchase a new plane.

  • April 08, 2020

    Bank Sanctioned For Disclosure Failings In $318M Share Row

    A London judge on Wednesday barred Saudi Arabian bank Samba Financial Group from defending certain issues at trial in litigation over $318 million worth of shares, calling it a “severe but proportionate punishment” for its failure to produce key documents.

  • April 08, 2020

    Amber Heard Can Testify Privately In Johnny Depp's Libel Trial

    A "very short" segment of Johnny Depp's libel trial against the publishers of The Sun newspaper will be held in private to allow the actor's ex-wife Amber Heard to testify about allegations of abuse out of the public eye, a London judge ruled Wednesday.

  • April 08, 2020

    FCA Says Parking Cos. Accused Of Scam Are Playing Dumb

    The Financial Conduct Authority has hit back at claims that its lawsuit accusing a group of airport parking companies of running unauthorized investment schemes is “too vague,” arguing the companies know more than they are letting on.

  • April 07, 2020

    Insurer Denies Food Supplier's £2.6M Chicken Feed Bill Claim

    A French trade credit insurer has told a London court that a feed supplier cannot claim £2.6 million ($3.2 million) in unpaid bills, as the company withheld key information about financial problems at one of its biggest customers.

  • April 07, 2020

    Ocado Suit Against Co-Founder Over Rival Biz Goes Forward

    Ocado faced off Tuesday with two former executives the online grocer has accused of unlawfully obtaining company data to launch a rival business, sparring over how much information the two sides must disclose before trial.

  • April 07, 2020

    Chubb Faces Appeal To Block $400M Fire Suit In Russia

    A Turkish engineering company urged an English appeals court Tuesday to block Chubb from pursuing a $400 million suit in Moscow over a power plant fire, saying it shouldn't be up to a Russian court to determine if the litigation breached a London arbitration agreement.

  • April 07, 2020

    Tesco Loses Bid To Upend Expired Food Prosecution

    The High Court has rejected retailer Tesco's bid to knock out 22 charges brought by a U.K. council for selling food past its use-by date, ruling that marketing unsafe produce is a criminal offense under English and European Union law.

  • April 07, 2020

    Fund Witnesses Must Testify In Suit Over RBS Litigation Costs

    Witnesses for a group of institutional investors trying to avoid paying legal costs associated with a £200 million ($260 million) settlement for Royal Bank of Scotland shareholders will be cross-examined when the case goes to trial in May, a London judge ruled Tuesday.

  • April 07, 2020

    COVID-19 Personal Injury Litigation Rules To Be Reviewed

    Claimant lawyers and insurers said Tuesday they will carry out a review next week of an “unprecedented” set of temporary rules over personal injury litigation adopted following coronavirus-related disruption to courts.

  • April 07, 2020

    NatWest Must Hand Over Docs In Nursing Home Swap Row

    NatWest must hand over an official review of an interest rate swap sold to a nursing home after a London judge ruled Tuesday that the materials may be relevant at an upcoming trial over whether the financial product was improperly sold.

  • April 07, 2020

    Ex-CEO Of Wind Farm Says Execs Exploited $700M Share Sale

    The former owner of a Thai wind energy company accused its current executives of “covertly” profiting from the illegal $700 million sale of his shares, expanding his London lawsuit to claim they intentionally sold stakes in the company for next to nothing.

  • April 07, 2020

    Private Health Group Faces Court Battle Over Administration

    One of NMC Health’s biggest bank creditors will ask a London court on Thursday to forcibly place the private hospital company into administration so it can investigate alleged unauthorized financial conduct.

  • April 06, 2020

    Jones Day Hires K&L Gates Atty For Global Disputes Practice

    Jones Day said it has hired a K&L Gates LLP attorney experienced in litigation and international arbitration to work in the law firm's Hong Kong office as a partner with its global disputes practice.

  • April 06, 2020

    Lloyd's Wants Boy Scouts' Arbitration Approval Reconsidered

    A Massachusetts federal judge applied the wrong legal standard when she allowed an insurance company to pursue arbitration against Lloyd's of London regarding Boy Scouts of America sexual abuse settlements, the U.K. insurer said.

  • April 06, 2020

    VTB Capital Sues Mozambique For $670M Amid Fraud Fallout

    The British arm of a Russian lender has sued Mozambique in London for more than $670 million sunk into maritime projects alleged to have been fronts for a massive bribery and corruption scandal that has toppled politicians and bankers.

  • April 06, 2020

    Dechert Attys Accused Of Pressuring UAE Political Prisoner

    A former executive at a United Arab Emirates investment fund has accused three prominent white-collar attorneys in London of violating his human rights while he was held prisoner and tortured after becoming targeted during a political purge.

  • April 06, 2020

    Theater Owner Seeks $1M Payout Under 'Pandemic' Clause

    A Texas theater owner is taking a group of underwriters at Lloyd's of London to court after the insurers said they would not pay out on a $1 million policy for shutdowns resulting from COVID-19, claiming the denial flies in the face of a "pandemic event endorsement" in the policy that specifically covers coronavirus-related disease.

Expert Analysis

  • Opinion

    UK Rescue Procedure For Corporate Directors Is No Panacea

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    The U.K. government's plans to protect company directors from wrongful trading liability is a laudable attempt to mitigate COVID-19's harm to the economy, but they may create problems by keeping unviable businesses artificially afloat, says Howard Morris at MoFo.

  • A Test Of UK Courts' Ability To Support Foreign Arbitrations

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    A recent anonymized decision from the U.K. Court of Appeal provides welcome clarification regarding English and Welsh courts' power to compel evidence from third parties, but also highlights some continued uncertainty surrounding court powers in relation to foreign arbitrations, says Nick Storrs at Taylor Wessing.

  • A Lesson In UK Search Order Sagacity

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    A recent case before the English High Court over an alleged conspiracy by an aviation equipment manufacturer to infringe various parties' intellectual property rights offers a stark reminder that applicants for a search order should not use preserved documents without specific court sanction, say Mark Cooper and Richard Bacon at Eversheds Sutherland.

  • Aviation Waste Problem Is A Green Economy Opportunity

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    As airport projects receive increasing environmental and legal scrutiny, the need for a resource recovery model that can handle the aviation sector's waste challenges is clear, say Jonathan Cocker at Baker McKenzie and Andrew Wilson at the International Aviation Waste Management Association.

  • UK Ruling Shows That Clarity Is Key In Restrictive Covenants

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    The U.K. Court of Appeal's decision in Guest Services Worldwide v. Shelmerdine — upholding a 12-month post-departure noncompete restriction on a shareholder employee — reminds employers to clearly identify whom restrictive covenants apply to and when they will be triggered, say Lois Horne and Hannah Leonard at Macfarlanes.

  • How Proposed EU Class Action Directive Could Affect Insurers

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    Insurers should beware the explosive potential of the EU's proposed directive providing for cross-border class actions and third-party funding for such actions, although it also bears strict requirements that will limit the number of cases, say Emmanuèle Lutfalla and Simon Fitzpatrick at Signature Litigation.

  • Opinion

    SFO Must Radically Overhaul Prosecution Approach

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    The Serious Fraud Office's recent failure to convict three Barclays executives for fraud is the latest evidence that the agency's real issue is its tendency to seek prosecution without a realistic chance of conviction, says Bambos Tsiattalou at Stokoe.

  • Aviation Watch: Airbus Gets Off Easy In Bribery Settlement

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    The $4 billion settlement Airbus recently agreed to pay to the U.S., U.K. and France over foreign bribery charges is merely a cost of doing business for the aircraft manufacturer, and suggests that there is no effective deterrent to corruption when companies are too big to prosecute, says Alan Hoffman, a retired attorney and aviation expert.

  • The Future Of Personal Data Class Litigation Across Europe

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    In Europe, class action-style litigation has been slowed by practical obstacles in the 21 months since the General Data Protection Regulation went into force, but the number of cases is expected to rise in the next few years, say Mathilde Gerot and Simon Fitzpatrick at Signature Litigation.

  • How 2 New Rulings Affect UK Legal Professional Privilege

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    The English Court of Appeal recently handed down judgments in two cases that show how English law on legal professional privilege can be applied to emails sent to multiple recipients, and whether a no-infringement exception can exist, say Rory Conway and Stephen Lacey at Linklaters.

  • UK Group Data Breach Claims Pose Big Financial Risks

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    Recent English court decisions appear to make it easier for data breach victims to bring collective actions, and consequently companies may find they are liable for huge sums in addition to fines under the General Data Protection Regulation, say attorneys at Morrison & Foerster.

  • Decline In Arbitral Challenges Shows Reliability Of UK Awards

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    Recent English Commercial Court data shows a drop-off in challenges to arbitral awards, providing an important reminder of the court's supportive approach to arbitration and reluctance to overturn awards, say Craig Tevendale and Rebecca Warder at Herbert Smith.

  • Proposed Arbitration Funder Rules Are A Welcome Change

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    Recently proposed amendments to the International Centre for Settlement of Investment Disputes' third-party funding rules would strike an appropriate balance between providing access to justice and reducing the risk that conflicts of interests may appear later in the procedure, say Leigh Crestohl and Petar Petkov at Zaiwalla.

  • Why 'Irregularity' Challenges To UK Arbitral Awards Often Fail

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    Recent examples of successful and unsuccessful "serious irregularity" challenges to arbitral awards indicate the English Commercial Court's strict approach to such applications, which supports the finality of the international arbitration process, says Ryan Cable at Signature Litigation.

  • Collective Redress Schemes Can Manage Data Breach Suits

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    Recent court decisions in the U.K. and abroad have increased firms' potential exposure to group litigation related to data security events, and in this environment a voluntary collective redress scheme may be a very attractive option, say attorneys at Bryan Cave.

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