Commercial Litigation UK

  • August 06, 2020

    Dechert Says UAE Suspect's Confession Wasn't Coerced

    Despite his claims to the contrary, a trio of Dechert lawyers in London say a former United Arab Emirates investment fund executive "willingly" participated in an investigation they led and that he confessed to committing fraud, according to a filing made public Thursday.

  • August 06, 2020

    Zimbabwean Co. Can't Nix Service Order In $124M Award Fight

    An English judge on Thursday denied a Zimbabwean commercial forestry company's bid to overturn an order allowing a former investor to serve documents relating to efforts to enforce a $124 million arbitral award, rejecting arguments that the order violated Zimbabwean law.

  • August 06, 2020

    Philips Seeks Info On TCL Sales in Phone Patent Battle

    Philips urged a London judge Thursday to order TCL Corp. to provide information on its worldwide sales so it can begin to assess financial damages for its infringement claims.

  • August 06, 2020

    FCA To Pay Mortgage Broker's Costs In Licensing Fight

    A London judge has ordered the Financial Conduct Authority to pay a mortgage broker's legal costs over its "unreasonable" decision to pull the business' trading permissions for not having insurance amid a broad mortgage fraud probe.

  • August 06, 2020

    McDermott Faces SRA Review After Sharing Trial Zoom Link

    McDermott Will & Emery LLP has reported itself to the U.K.'s solicitor regulatory body after allowing a restricted Zoom link for its client's trial against the author of the Trump dossier to be distributed to individuals outside of the case, drawing criticism Thursday from a high-ranking judge.

  • August 06, 2020

    Airbus Investors Say $4B Corruption Deal Crushed Stock

    Defense contractor Airbus SE was hit with a proposed class action Thursday alleging company executives misled investors about corruption probes and a subsequent $4 billion settlement that led to multiple stock drops over a four-year period.

  • August 06, 2020

    Credit Suisse Accuses Libya Of Rehashing Bribery Claims

    Credit Suisse argued that the Libyan Investment Authority shouldn't be allowed to sue it over alleged bribes to a businessman with ties to former Libyan dictator Moammar Gadhafi's regime because the claims have already been resolved in lawsuits against other financial giants. 

  • August 06, 2020

    Hedge Fund Boss Gets Limited Money To Fight $2B Fraud Suit

    A judge refused on Thursday to release £12.7 million ($16.7 million) in assets held by the court to a hedge fund founder accused of masterminding a $2 billion tax fraud against Denmark, saying the Dubai-based businessman needed only a slice of the money to pay his legal fees.

  • August 06, 2020

    Creditor Fights To Revive Defense In $50M Loan Dispute

    A Russian financier's company urged a London court on Thursday to revive its fight against a $50 million lawsuit brought by a Luxembourg-based asset manager over an unpaid loan, saying its creditors have paid for its defense.

  • August 06, 2020

    ITV Makes £31M Offer To Watchdog Over Pension Scheme

    Broadcaster ITV has submitted an initial offer of £31 million ($41 million) to bail out a troubled retirement fund, but warned on Thursday that it will consider further legal action against the pensions watchdog it they cannot reach an agreement.

  • August 06, 2020

    Quinn Emanuel Snags Disputes Expert From Fried Frank

    Quinn Emanuel Urquhart & Sullivan LLP said Thursday it has snagged a commercial litigation expert from Fried Frank as a partner in its London office.

  • August 06, 2020

    Irish Insurers Told To Pay Litigants' Costs In Test Cases

    Insurers should pay the legal costs of small companies that pursue litigation over rejected claims for business interruption in test cases, even if the insurer wins the dispute, according to directions issued by the Central Bank of Ireland. 

  • August 05, 2020

    Aussie Banks Can't Duck Rate-Rigging Suit

    A New York federal judge on Tuesday doubled down on his decision to keep two Australian banks as defendants in a proposed class action alleging manipulation of Australia's benchmark interest rate, refusing to dismiss them alongside seven other banks.

  • August 05, 2020

    Judge Rips Shareholder In Gold Mining Boardroom Fight

    A contentious fight over board control for a London-based gold miner operating in Russia spilled into a British courtroom Wednesday with a judge accusing a shareholder seeking to tighten an injunction before a board vote of shifting his argument at the end of an all-day hearing.

  • August 05, 2020

    UK Private Drivers Lose Bias Challenge To Traffic Fee

    The Court of Appeal ruled Wednesday that a congestion charge for London minicabs does not indirectly discriminate against Black and ethnic minority drivers even though taxis run by mostly white drivers remain exempt from the fee.

  • August 05, 2020

    Irwin Mitchell Sued For £1.3M Over Share Sale Advice

    The chairman of a British construction adviser has sued Irwin Mitchell for £1.3 million ($1.7 million) in London over advice from a predecessor that allegedly stiffed him on the sale of his shares to a real estate developer.

  • August 05, 2020

    Investors Get Boost From US Docs In Forex-Rigging Suit

    A judge said on Wednesday that institutional investors suing some of the world's largest banks for allegedly conspiring to manipulate the foreign exchange market could reformulate their accusations after the lenders were ordered to disclose new evidence overseas.

  • August 05, 2020

    Meghan Markle Can Keep Pals' Names Secret In Privacy Suit

    A judge has handed Meghan Markle a win in her privacy suit against a British tabloid that published her letter to her father, saying on Wednesday that the names of five friends who gave confidential interviews to People magazine would remain undisclosed — for the time being.

  • August 05, 2020

    Top UK Court Restores Chinese Shipper's $69M Damages Win

    Britain's highest court restored a Hong Kong ship owner's $68.6 million damages award on Wednesday, overturning an appellate decision requiring a new trial to determine whether the company had paid bribes to secure the hiring of one of its vessels.

  • August 04, 2020

    Spain Fights Energy Biz's Efforts To Enforce €64.5M Award

    Spain has slammed a Dutch renewable energy firm's latest bid to collect a €64.5 million ($71.35 million) arbitral award against the Iberian nation, telling a D.C. federal judge that he shouldn't remove a stay he imposed because his reasons for imposing it haven't changed.

  • August 04, 2020

    Mylan Fights To Invalidate Novartis Blood Transfusion IP

    Mylan SAS fought back allegations that its planned generic version of a blood transfusion drug made by Novartis AG would infringe Novartis' exclusive rights, arguing that the pharmaceutical giant wasn't entitled to another extension after its protection under Europe's orphan drug program lapsed.

  • August 04, 2020

    Rolls-Royce Sues Contractor For £26M Over Factory Build

    Engine manufacturing giant Rolls-Royce has told a London court it is owed more than £26 million ($34 million) from a construction company after its new flagship factory was handed over with "significant defects" and health and safety concerns.

  • August 04, 2020

    Vodafone Disputes SIM Card Legitimacy In £10M Fee Fight

    Telecommunications giant Vodafone has hit a SIM card distributor with a £2 million ($2.6 million) counterclaim in London for the "artificial activation" of more than 140,000 cards, saying the huge surge in sales does not appear to be genuine.

  • August 04, 2020

    Virgin Atlantic Gets OK To Take COVID-19 Refinancing To Vote

    A London judge gave Virgin Atlantic the go-ahead on Tuesday to take its planned £1.2 billion ($1.5 billion) recapitalization to creditors for approval, after the airline said it is facing a severe liquidity crisis because of the coronavirus pandemic.

  • August 04, 2020

    Bank Of Cyprus Hit With €28M Loss Claim In London

    The Bank of Cyprus is facing a €28 million ($33 million) lawsuit in London after Helix Subco SARL upped its claim accusing the lender of submitting inaccurate data files ahead of a loan portfolio transaction.

Expert Analysis

  • HSBC Suit Shows Challenge Of Designing Tax Relief Laws

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    Investors' recent lawsuit against HSBC over film-related tax avoidance schemes spotlights the difficult balancing act of crafting practical tax relief legislation while safeguarding against abuse, says Andrew Parkes at Andersen Tax.

  • Warranty Claims Litigation May Surge Due To COVID-19, Brexit

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    With the twin pressures of COVID-19 and Brexit placing businesses from all sectors under acute financial stress, a wave of breach of warranty and fraud litigation will likely bring a number of below-the-radar warranties to the forefront, say Tom Snelling at Signature Litigation and Sophie Shaw at Brick Court Chambers.

  • COVID-19 Can't Provide Sole Basis For Contract Cancellation

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    Parties looking to invoke a force majeure clause or argue a contract has been frustrated should look beyond the pandemic to the specific event that prevented, hindered or delayed performance to justify cancelling a contract, say Robert Maxwell Marsh and Daniel Powell at Zaiwalla & Co.

  • Opinion

    A Modest Proposal For Judge-Only Trials In Fraud Cases

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    Any legally represented defendant prosecuted by the Serious Fraud Office or the Crown Prosecution Service's Specialist Fraud Division should have the right to demand a judicial method of determining their guilt or innocence — and COVID-19 could be a catalyst for necessary change, says David Corker at Corker Binning.

  • Swipe Fee Ruling Brings Clarity To UK Competition Litigation

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    While the U.K. Supreme Court decision last month in the MasterCard and Visa multilateral interchange fees cases rectifies a number of inconsistent decisions in the litigation saga, the court's findings on the "pass-on defense" in competition damages claims are of wider application, says Kim Dietzel at Herbert Smith.

  • Transferring Personal Data To US After EU Top Court Ruling

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    In light of the Court of Justice of the European Union's ruling invalidating the EU-U.S. privacy shield, data processors and operators should consider several issues before using standard contractual clauses to move personal information to the U.S., say attorneys at Akin Gump.

  • How Courts Are Encouraging Mediation In England And Wales

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    As the judiciary braces for widespread pandemic-driven contractual disputes, courts in England and Wales are showing enthusiastic support for mediation, both when determining the implications of a party's refusal to mediate and when assessing whether normal restrictions on the use of mediation-derived information apply, says Leah Alpren-Waterman at Watson Farley.

  • Opinion

    EU Class Action Policy Guided By Wrong Measure Of Success

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    The political agreement obtained last month on the first European Union-wide rules on collective redress illustrates the fact that the main goal of the authorities is to increase the number of class action claims rather than focus on the application of standard civil liability principles, says Sylvie Gallage-Alwis at Signature Litigation.

  • An Attractive Regime For Governing Jurisdiction Post-Brexit

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    As indicated by the U.K.'s recent application to join the Lugano Convention, this is an "oven-ready" option for the U.K. for governing questions of jurisdiction and the enforcement of judgments with European Union countries after Brexit — but not without important differences from the current regime, say attorneys at Latham.

  • In Defense Of The One-Stop Shop: CNIL Stands Corrected

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    While France's highest administrative court last month did confirm the 2019 decision by the country's data protection regulator CNIL fining Google 50 million euros for alleged violations of the General Data Protection Regulation, the court also corrected CNIL on a key element of GDPR enforcement — how to apply the "one-stop-shop mechanism," say attorneys at MoFo.

  • Calderbank Offers Still Play A Role In English Litigation

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    The May decision by England's High Court in MEF v. St. George's Healthcare is a reminder that, notwithstanding the advantages of making a settlement offer under Part 36 of the Civil Procedure Rules, Calderbank offers should always be considered as part of any settlement strategy, says Afzalah Sarwar at Morgan Lewis.

  • UK Contract Guidance On COVID-19 Stresses Good Behavior

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    The U.K. Cabinet Office's recent guidance on how parties to contracts should address COVID-19 impact is unusual in underscoring the reputational consequences of commercial conduct, but so are the circumstances that have given rise to it, say Christa Band and Jane Larner at Linklaters.

  • UK Appellate Rulings Clarify Arbitral Choice Of Law

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    Two recent U.K. Court of Appeal decisions have changed the operation of the choice-of-law test for arbitration — a resolution as significant as changing the test itself because it affects the implied choices of the contracting parties, say attorneys at Squire Patton.

  • French Force Majeure Case Holds COVID-19 Lessons For Cos.

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    A French court's recent ruling in a dispute between two energy companies may represent the first commercial case law recognizing the COVID-19 pandemic as a force majeure event — and the court's close analysis of the parties' contract is relevant to companies in other jurisdictions, say attorneys at Signature Litigation.

  • Post-Pandemic Litigation To Expect In England And Wales

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    Globally, we are already starting to see insolvency-related claims and a number of insurance, breach of ‎contract, employment and securities class actions across numerous sectors. These and other claims will likely increase for U.K. businesses, say Tracey Dovaston and Fiona Huntriss at Boies Schiller.

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