Commercial Litigation UK

  • October 15, 2021

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

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Generic Fights To Revoke J&J Prostate Cancer Drug Patent

    Generic-drug maker Accord Healthcare has sued Janssen Oncology in a bid to invalidate the Johnson & Johnson subsidiary's patent for a prostate cancer treatment, saying it should be revoked because the purported medical advance lacked an inventive step.

  • October 15, 2021

    Clyde & Co Hit With £9M Negligence Suit By Nigerian Biz

    Two Nigerian maritime companies have sued Clyde & Co for almost £9 million ($12.4 million), saying the law firm made them settle a dispute over corporate ownership in the face of "blackmail" and "coercion."

  • October 15, 2021

    Aon Sued For 'Concealing' Pension Plan Errors At Defunct Co.

    Trustees for a former paper wholesaler's pension plan have sued Aon in London for allegedly botching attempts to scale back the company's retirement plan, saying the errors were "concealed" and have resulted in unplanned payouts. 

  • October 15, 2021

    UK Class Action Regime Picks Up Speed With BT Ruling

    Britain's emerging class action regime has picked up speed with the recent approval of a £589 million ($810 million) claim against BT that lawyers say will pave the way for more opt-out collective proceedings.

  • October 15, 2021

    Ex-Compliance Chief Denies Misdirecting Crypto-Funds

    A former compliance officer at a cryptocurrency company has claimed he was pressured into sidestepping rules on safeguarding electronic money after being accused in an English lawsuit of misappropriating funds.

  • October 15, 2021

    Boehringer Loses Bad Faith Claim In Diabetes Drug Deal Suit

    A London judge has sided with Royalty Pharma in its €23 million ($26.6 million) claim against Boehringer Ingelheim International GmbH, finding the patent licensing company did not change the basis on which it can collect royalties in bad faith.

  • October 15, 2021

    Insurers Take Gov't To Court To Undo EU Accident Ruling

    An insurance industry body said it is launching a judicial review over the failure by the British government to overturn a controversial legal precedent that requires it to pay out to individuals injured in motor accidents on private land.

  • October 14, 2021

    Greenberg Traurig Nabs London Disputes Team From Mishcon

    Law firm Greenberg Traurig has poached seven senior lawyers from rival Mishcon de Reya to join its disputes team in London as part of its bid to expand its litigation practice.

  • October 14, 2021

    ECJ Says Missed Declarations Don't Negate VAT Deductions

    European Union governments must allow deductions of input value-added tax even if a filer missed a deadline for declaring whether their purchase was for personal or business use, the EU's top court ruled Thursday in joined cases involving German taxpayers.

  • October 14, 2021

    Latest Wave Of PPI Claims Has Come Too Late, RBS Says

    The Royal Bank of Scotland urged the Court of Appeal on Thursday to stop consumers from launching a new wave of payment protection insurance claims, saying the historic credit agreements paid off more than a decade ago cannot be recovered.

  • October 14, 2021

    VC Firm Fights To Block £7.6M Rosenblatt Legal Bill

    A venture capital firm urged a judge Thursday not to toss a ruling that a fee arrangement with a City law firm breached rules governing how lawyers can request payment in a spat over invoices totaling more than £7.6 million ($10.4 million).

  • October 14, 2021

    Patients Sue Dentist For Malpractice After Hygiene Scandal

    Patients are suing a former dentist for negligence after secret recordings showing poor hygiene practices prompted the largest patient reexamination in U.K. history. 

  • October 14, 2021

    HSBC Fights Cayman Fund's Expanding $2B Madoff Claim

    An HSBC subsidiary urged the highest court for overseas British territories on Thursday to block a Cayman Islands investment fund from pressing new arguments in its long-running lawsuit seeking $2 billion in damages following losses from Bernie Madoff's massive Ponzi scheme.

  • October 14, 2021

    Essar Says Lenders Sued Too Late On $109M Unpaid Loan

    An arm of construction giant Essar Group has told a London court that four lenders suing for $109 million from an unpaid loan acted too late and cannot now recover the money.

  • October 14, 2021

    One In Three UK Judges Hit With Penalty Pensions Tax Rate

    A retirement savings threshold that penalizes higher earners hit more than 1,000 U.K. judges in the wallet last year, a 239% jump on the 303 who were affected in the 2016 tax year, according to data published on Thursday.

  • October 14, 2021

    SFO Shelves Probes Into Watchstone Group, Tata Steel

    The Serious Fraud Office has closed three investigations in the past two days, including long-running probes into insurance and technology provider Watchstone and a company owned by Indian Indian-British steel magnate Sanjeev Gupta's GFG Alliance.

  • October 13, 2021

    Universal Blames Junior Employee In £4M Music License Suit

    Record label Universal has said that a junior employee ultimately dismissed for gross misconduct was not authorized to sign a license agreement with a London media company, hitting back in the media company's £4.2 million ($5.7 million) lawsuit.

  • October 13, 2021

    Saudi Diplomat Faces 'Slavery' Claim At UK Top Court

    A Saudi Arabian diplomat accused of trafficking a domestic servant into appalling working conditions cannot hide from litigation because diplomatic immunity doesn't apply to "modern slavery," a lawyer for the worker told the U.K.'s top court on Wednesday.

  • October 13, 2021

    Informatica's Former VP Loses Fight Over Corruption Policy

    A former top sales executive at Informatica was not unfairly fired for violating the software developer's anti-corruption policy after paying for a senior official with Highways England to go on a California golfing trip, a London tribunal ruled Wednesday.

  • October 13, 2021

    UBS Sues Director Of Defunct Commodities Co. For $14M

    UBS has sued the director of a now-collapsed commodities trading company in a London court for $14 million for allegedly breaching his duties by moving money out of his business's accounts to his relatives despite defaulting on payments to creditors.

  • October 13, 2021

    Insurers Want More Changes To Asbestos Compensation Rule

    Aviva and Swiss Re asked a London appeal court on Wednesday to expand the reach of a ruling that the government's 100% recovery of personal injury benefits for asbestos victims from insurers violates British human rights law.

  • October 13, 2021

    Gibraltar Trustees Escape Investors' Pension Losses Case

    Dozens of investors lost their chance to sue a pension scheme trustee for recommending "inappropriate" investments after an English judge ruled on Wednesday that the lawsuit should have been brought in Gibraltar.

  • October 13, 2021

    AXA Escapes Claim For £3M Over Exec Tied To 1MDB Scandal

    A judge has rejected a London property developer's attempt to force AXA to cover water damage, ruling that the policy was void because the builder should have disclosed that its director was a former Goldman Sachs executive involved in the 1MDB scandal.

  • October 13, 2021

    Amazon Hit With £140M Worker Suit From Delivery Drivers

    A London law firm has launched a potential group claim on behalf of Amazon delivery drivers seeking upwards of £140 million ($190 million) in compensation in the wake of a landmark U.K. Supreme Court ruling that paved the way for gig economy workers to claim greater legal rights.

Expert Analysis

  • 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.

  • Grant Thornton Ruling May Broaden Advisers' Duty Of Care

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    The U.K. Supreme Court's ruling in Manchester Building Society v. Grant Thornton will affect other professional negligence cases as it downgraded the scope of duty test and will provide more flexibility for judges in deciding similar cases now that they have been released from the 1997 SAAMCO precedent, says Robin Henry at Collyer Bristow.

  • Arbitral Enforcement Takeaways From Kazakh Asset Ruling

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    While a Belgian court's recent decision in Stati v. Kazakhstan to uphold a freeze on Kazakhstan's assets sets a precedent in favor of arbitral award enforcement, it still highlights the difficulties of investor-state arbitration, and shows that investors' need to launch new proceedings may ultimately depend on the approach of the relevant jurisdictions, says Tomas Vail at Vail Dispute Resolution.

  • Prospects Look Strong For UK Class Actions

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    Class actions have become more commonplace in the U.K. and elsewhere in Europe amid high returns, and the trend is expected to continue in areas as diverse as competition, environmental, data privacy and securities, with some busy years ahead, say Edward Coulson and Rachel Ziegler at BCLP.

  • What The Financial Markets Might Look Like After Libor

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    As the long-awaited transition out of Libor via alternative reference rates such as the Sterling Overnight Index Average edges closer, several long-term uncertainties and inherent litigation risks remain, with legacy contracts and misseling claims among the key areas of concern, say Alexander Edwards and Hannah Sharp at Rosling King.

  • The UK Bribery Act At 10, And What's Next

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    Lauded as a gold standard that put the U.K. in step with modern commercial practices, the Bribery Act turns 10 years old with just a few unmet goals, mostly at the prosecutorial end — and those charged with enforcement will likely face some real tests in the next decade, says Anneka Randhawa at White & Case.

  • UK Employment Case May Lead To New Discrimination Suits

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    The recent Maya Forstater case before the U.K. Employment Appeals Tribunal, concerning whether gender-critical beliefs are a protected characteristic, could provoke an influx of discrimination cases on the basis that philosophical beliefs could trump other protected characteristics, says Jules Quinn at King & Spalding.

  • An Underused Group Litigation Tool Could Help UK Claimants

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    Though the Financial Markets Test Case Procedure has only been used as a collective redress mechanism for the first time recently in Financial Conduct Authority v. Arch Insurance, hopefully it will be called on more often to resolve future post-Brexit issues and other pandemic cases, says Becca Hogan at Signature Litigation.

  • Warnings And Guideposts From EU Sanctions Blocking Case

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    An advocate general's recent opinion in Bank Melli Iran v. Telekom Deutschland, a European Union sanctions blocking case, highlights serious new international regulatory compliance risks but also presents helpful guidance for navigating conflicting EU and U.S. rules, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

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