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Commercial Litigation UK
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July 01, 2025
Energy Cos. Say Italy Can't Escape $23M In Awards
Three companies looking to enforce $23 million in arbitral awards against Italy in D.C. federal court over revoked renewable energy incentives have opposed the country's new argument saying it has not waived its sovereign immunity since the underlying awards have been set aside.
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July 01, 2025
Creditors Accuse Shipping Biz Of Trying To Evade $309M Debt
The Norwegian government and three finance companies have sued two Guernsey-based companies and a shipping businessman in a London court, accusing them of fraudulently transferring real estate assets to evade liability for loan defaults.
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July 01, 2025
Trusts' Mauritius Share Sales Taxable In UK, Court Holds
HM Revenue & Customs was right to assess share sales by a group of Mauritius-based U.K. trusts for capital gains tax because the sale decisions were made in Britain, a London court held Tuesday.
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July 01, 2025
Bank Of Ireland Denies £60M Property Loan Fraud Claim
Bank of Ireland has denied a £60 million ($83 million) claim that it deceived a real estate investment business into borrowing millions of pounds by giving inflated property evaluations and said the borrower would have taken out the loan anyway because it was such a generous financial package.
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July 01, 2025
HMRC Can Collect Tax In Disputed Avoidance Schemes
A London court ruled that HM Revenue & Customs can collect disputed income tax owed by a group of companies that took part in tax avoidance schemes, even though the authority previously promised to postpone the requests until the disputes were settled.
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July 01, 2025
Vape Co. Loses Appeal To Block Rival's 'Crystal Bar' UK TM
A London court has refused a Chinese vape company's latest attempt to block a rival's "Crystal Bar" trademark bid, ruling Tuesday that the Shenzhen-based outfit held no goodwill in the brand dating from before its opponent's application.
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July 01, 2025
Kevin Spacey Sued Over Alleged Sexual Assault At Old Vic
Kevin Spacey is facing fresh legal scrutiny after British actor Ruari Cannon accused the Oscar-winning performer of sexually assaulting him in 2013 during a production at London's Old Vic Theatre.
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July 01, 2025
Barclays Car Finance Appeal Must Wait For Top Court Ruling
Barclays' bid to overturn a ruling by the Financial Ombudsman on motor finance commissions was delayed on Tuesday, as the Court of Appeal adjourned the case to await a high-stakes judgment from the U.K. Supreme Court.
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July 01, 2025
Petrofac Suffers Blow As Creditors Block $355M Rescue Plan
Samsung and an Italian oilfield services company have won their challenge to a $355 million restructuring plan for Petrofac, as a London appeals court ruled on Tuesday that the benefits of the plan had not been shown to be fair to all creditors.
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June 30, 2025
UK Supreme Court Denies Russia Immunity In $63B Yukos Case
Russia has been denied permission to challenge an appellate court ruling in Britain dismissing its attempt to use state immunity to block former investors in Yukos Oil Co. from enforcing more than $63 billion in arbitral awards they won nearly 11 years ago, the investors said Monday.
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June 30, 2025
HMRC Investigated Avoidance Scheme Enough, Court Rules
HM Revenue & Customs didn't need to investigate further before determining that nearly 50 consultants owed taxes on income routed through offshore entities on the Isle of Man, the High Court of Justice said in declining to review the British tax authority's decision.
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June 30, 2025
Co-Op Workers' Risk Of Abuse Relevant To Equal Pay Claim
A group of U.K. retail workers notched a victory in their equal pay claim against Co-Op after an employment tribunal ruled that the physical demands of their jobs and the risk of violence should be considered when comparing their duties to those of warehouse operatives.
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June 30, 2025
Software Startup Says Ideagen Trademark Use Not Deceptive
A software startup founded by the former directors of a company acquired by Ideagen has hit back at claims it lured customers away through deception, telling a court that it has every right to compete with Ideagen.
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June 30, 2025
Class Rep Can Bid To Revive £800M Water Pollution Case
An environmental consultant has won permission to challenge a U.K. antitrust court's decision to toss her proposed £800 million ($1.1 billion) class action against several water companies over their alleged failure to report pollution, her lawyers said Monday.
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June 30, 2025
Indian Co. Accuses UK Wholesaler Of Damaging Flour Brand
Indian conglomerate ITC has accused a British wholesaler of infringing its trademarks over "Aashirvaad" wheat flour, telling a London court that the company has imported goods intended only for India into the U.K.
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June 30, 2025
Rights Group Loses Bid To Halt UK F-35 Parts Sales To Israel
A Palestinian human rights organization lost its bid on Monday to force the U.K. government to suspend all arms export licenses to Israel, with a court ruling that an exclusion for parts for F-35 fighter jets was not unlawful.
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June 30, 2025
Judge Scolds Rep For Using Slang 'Karen' In Bias Case
A tribunal has criticized a support worker's friend and representative for using the derogatory term "Karen" to describe the way management treated her at a mental health charity while helping the former employee in her unsuccessful discrimination claim.
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June 30, 2025
Fired Legal Chief Stops Cosmetic Pharma From Seizing Docs
A London court has overturned an order that required a sacked chief legal officer to hand over documents which allegedly expose her "sham" redundancy from a cosmetic pharmaceutical company.
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June 30, 2025
Argentina Claims Sovereign Immunity In $16B Oil Biz Dispute
Argentina argued on Monday that a group of minority shareholders of nationalized oil company YPF SA cannot enforce a $16 billion New York judgment in England because the ruling is on the country's sovereign actions.
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June 30, 2025
UK Fights To Cut Unions' Claims Over EU Copyright Law Breach
The government urged a judge on Monday to toss most of a legal claim brought by two U.S. trade unions and fund trustees for not properly instituting European Union copyright laws, arguing that the unions did not have standing to bring their claims.
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June 30, 2025
Ex-Stobart Boss Loses Latest Conspiracy Case Over Sacking
Stobart Group's former chief executive has lost his latest battle to prove an alleged conspiracy to remove him as chair of the logistics company, as a judge ruled that his case against some of its shareholders was an unlawful attempt to re-open earlier claims.
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June 30, 2025
Japanese Chemicals Biz Takes Aim At Rival's Patents In UK
A subsidiary of Japanese chemicals firm Kuraray has asked a London court to strip a rival of three patents linked to laminated glass for a head-up display, arguing that the patents are all invalid.
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June 27, 2025
UK Tribunal Says Visa, Mastercard Fees Infringe Antitrust Law
A U.K. tribunal issued a judgment Friday siding with merchants seeking damages from Visa and Mastercard for claims they were charged excessively high transaction fees, finding the interchange fees merchants pay to banks violate competition law.
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June 27, 2025
How Staley's Legal Bid To Save His Reputation Backfired
Former Barclays boss James "Jes" Staley's bid to salvage his reputation has backfired in the face of a London tribunal's findings he "lacked credibility" due to the "overwhelming" evidence of his close relationship with convicted sex offender Jeffrey Epstein.
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June 27, 2025
Biotech Co. Beats 'Bad Leaver' Ex-CEO's Claim Over Ouster
An employment tribunal has refused to reconsider a former chief executive's claims that a biotech startup fired him for blowing the whistle on poor company strategies, ruling that his new evidence still didn't prove he was punished.
Expert Analysis
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Decoding Arbitral Disputes: UK Awards Versus EU Judgments
The Court of Appeal of England and Wales' recent refusal to enforce a €855 million Spanish judgment inconsistent with earlier binding arbitral awards in England provides crucial guidance for practitioners navigating the complexities of cross-border disputes involving arbitration agreements and sovereign states, says Josep Galvez at 4-5 Gray's Inn.
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Sky Trademark Ruling Suggests Strategy Tips For Brands
Following the U.K. Supreme Court's SkyKick v. Sky trademark ruling, brand owners should strike a balance between a specification broad enough to meet business requirements but not so broad as to invite unnecessary counterattacks for bad faith, says Josh Charalambous at RPC.
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Forced Labor Imports Raise Criminal Risks For UK Retailers
Last summer’s London appeals court ruling applying the Proceeds of Crime Act to products made with forced labor, potential legislative reforms and recent BBC allegations about Chinese produce harvested by Uyghur detainees suggest British importers and retailers should increase scrutiny of their supply chains, says Ian Hargreaves at Quillon Law.
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EU's AI Act May Lead To More M&A Arbitration
With the EU's Artificial Intelligence Act and its stiff penalties beginning to take effect, companies acquiring AI targets should pay close attention to the provisions in the dispute resolution clauses of their deal documents, say Nelson Goh at Pallas Partners and Benjamin Qiu at EKLJ.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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7 Pitfalls To Watch In Tech Referral Fee Programs
The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.
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Takeaways On Freezing Injunctions After Dos Santos Ruling
The Court of Appeal's recent decision in dos Santos v. Unitel moved the needle in favor of applicants for freezing injunctions in two ways, say lawyers at Cooke Young.
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How The Wirecard Judge Addressed Unreliability Of Memory
In a case brought by the administrator of Wirecard against Greybull Capital, High Court Judge Sara Cockerill took a multipronged and thoughtful approach to a common problem with fraudulent misrepresentation claims — how to assess the evidence of what was said at a meeting where recollections differ and where contemporaneous documentation is limited, says Andrew Head at Forsters.
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Decoding Arbitral Disputes: Cross-Border Contract Lessons
A U.K. court's decision this month in Banco De Sabadell v. Cerberus provides critical lessons for practitioners involved in drafting and litigating cross-border investment agreements, and offers crucial insight into how English courts apply foreign law in complex cross-border disputes, says Josep Galvez at 4-5 Gray's Inn.
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Rowing Machine IP Loss Waters Down Design Protections
The Intellectual Property Enterprise Court's recent judgment dismissing WaterRower's claim that its wooden rowing machines were works of artistic craftsmanship highlights divergence between U.K. and European Union copyright law, and signals a more stringent approach to protecting designs in a post-Brexit U.K., say lawyers at Finnegan.
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Preparing For The Next 5 Years Of EU Digital Policy
The new European Commission appears poised to build on the artificial intelligence, data management and digital regulation groundwork laid by President Ursula von der Leyen's first mandate, with a strong focus on enforcement and further enhancement of previous initiatives during the next five years, say lawyers at Steptoe.
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Hawaii Climate Insurance Case Is Good News For Energy Cos.
The Hawaii Supreme Court's recent ruling in a dispute between an oil company and its insurers, holding that reckless conduct in the context of activities that can cause climate harms is covered by liability policies, will likely be viewed by energy companies as a positive development, say attorneys at Fenchurch Law.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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Key Takeaways From EU's Coming Digital Act
The European Union's impending Digital Operational Resilience Act will necessitate closer collaboration on resilience, risk management and compliance, and crucial challenges include ensuring IT third-party service providers meet the requirements on or before January 2025, says Susie MacKenzie at Coralytics.
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State Immunity Case Highlights UK's Creditor-Friendly Stance
The English Court of Appeal's decision in a conjoined case involving Spain and Zimbabwe, holding that the nations cannot use state immunity to escape arbitral award enforcement, emphasizes the U.K.'s reputation as a creditor-friendly and pro-arbitration jurisdiction, says Jon Felce at Cooke Young.