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Commercial Litigation UK
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October 09, 2024
Nigerians Fight 'All-Or-Nothing' Ruling In Shell Oil Spill Case
Lawyers representing thousands of Nigerian villagers urged the Court of Appeal on Wednesday to reverse a ruling that requires them to prove that Shell is responsible for all the chronic oil pollution in their claim against the energy giant.
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October 09, 2024
Tech Co. Denies Claim That Plasma Reactor Was Never Built
A developer of graphene-based materials has denied misusing money that a Chinese businessman invested in the British company in the belief that it would build a so-called plasma reactor.
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October 09, 2024
Law Firms Sued For Botched Advice In £5M Ponzi Scheme
Property investors have claimed two law firms failed to warn them of the dangers of sinking their savings into a building project that turned out to be an alleged £5.4 million ($7 million) Ponzi scheme.
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October 09, 2024
Mozambique Targets Heirs Over 'Tuna Bond' Bribery Award
Mozambique urged a London court on Wednesday to hold the heirs of shipbuilding magnate Iskandar Safa liable for the French-Lebanese billionaire's involvement in a bribery scheme as the country seeks to enforce a $1.9 billion damages award.
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October 09, 2024
London University Careers Director Loses Equal Pay Claim
A tribunal has ruled that a London university did not pay a female director less than her male counterparts based on her sex — but the judge hinted that a fresh claim based on a more recent time period might succeed.
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October 08, 2024
Poland Must Pay $330M In Coal Mining Fight
Australian critical minerals company GreenX Metals said Tuesday that it's won some $330 million following four years of arbitration against Poland after the country blocked two of its coal mining projects.
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October 08, 2024
AI And Geopolitics Top Concerns For Employers In 2024
British businesses are early adopters of artificial intelligence, especially in recruitment and human resources, but a dearth of policies about how to use the technology in the workplace leaves companies at risk of discrimination and data privacy claims, Littler's annual survey of European employers published on Wednesday shows.
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October 08, 2024
Pfizer And BioNTech Get CureVac MRNA Patent Chucked
Pfizer and BioNTech won their bid to scrap two CureVac patents Tuesday, after a London judge held that the gene therapy-related invention was missing key information that would merit protection.
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October 08, 2024
Shell Says Too Late For Expansion Of Oil Spill Claim
Shell looked to convince the Court of Appeal Tuesday that lawyers representing thousands of Nigerian citizens are too late to try to extend the number of oil spills resulting from its operations that it could be held liable for harming communities.
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October 08, 2024
Eversheds Recruits Tax Disputes Partner From RPC
Eversheds Sutherland announced it has added a regulatory and tax disputes partner to its London office from Reynolds Porter Chamberlain LLP.
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October 15, 2024
Essex Court Chambers Gains Arbitration Pro From 3VB
An international arbitration barrister has joined Essex Court Chambers from 3 Verulam Buildings to boost its offerings in investment treaty claims and other complex cases.
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October 08, 2024
SocGen Bids To Force €140M Clifford Chance Case To France
Societe Generale SA relaunched its fight on Tuesday to force its €140 million ($154 million) negligence case against Clifford Chance LLP out of England, arguing before the Court of Appeal that it should be heard in France.
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October 08, 2024
Closed Firm Parrott & Coales Ordered To Pay Ex-Staffer £7K
An employment tribunal has ordered shuttered Metamorph Group law firm Parrott & Coales LLP to pay £7,689 ($10,074) to a former employee it made redundant after the regulator of solicitors stepped in to close the business.
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October 08, 2024
Ex-F1 Boss Accepted £57M Bond Risk, HSBC Says
HSBC has denied giving ex-Formula One team boss Eddie Jordan negligent investment advice that lost him £5.5 million ($7.2 million), claiming he was an experienced investor who knew the risks.
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October 08, 2024
Bratz Maker Accused Of Trying To 'Kill' Rival In £130M IP Claim
Toy giant MGA Entertainment Inc. "killed" a startup it saw as a rival by blacklisting it with U.K. retailers and making baseless threats of patent infringement litigation, a lawyer for the failed emerging company told a court Tuesday.
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October 08, 2024
Ex-Chelsea Owner Says Helicopter Murder Story Hurt His Rep
Ken Bates, the former owner of Chelsea FC, accused a motor-sport journalist of "character assassination" in a London court on Tuesday, alleging the reporter had falsely accused him of murdering business rivals, multiple sophisticated frauds and tax evasion.
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October 08, 2024
Wirecard Loses £12M Fraud Claim Against Greybull Capital
Greybull Capital has defeated an £11.8 million ($15.5 million) fraud claim brought by Wirecard's insolvency administrator, which alleges that the private equity company lied about the source of money injected into Monarch Airlines a year before the carrier collapsed.
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October 08, 2024
Pfizer Gets GSK Patents For RSV Jab Axed In UK
A London judge has granted Pfizer's bid to nix two patents protecting GSK's blockbuster vaccine for the respiratory syncytial virus, blocking GSK's future infringement claims a month after launching its own jab in the U.K.
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October 08, 2024
Astellas Beats Challenges To Blockbuster Cancer Patent
Pharmaceutical giant Astellas persuaded a London court on Tuesday to spare vital patent protections for its blockbuster prostate cancer therapeutic Xtandi, rebuffing a series of challenges attempting to clear the way for generic variants.
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October 08, 2024
Broker, Property Firm Settle In £2M Fire Insurance Dispute
An insurance broker has reached a settlement in its attempt to pull a property management company into litigation brought by an investor seeking an insurance payout to cover the costs of rebuilding two properties tied to a fire in Glasgow.
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October 08, 2024
SFO, ENRC Settle Case Over Agency's Alleged Leaks To Media
Eurasian Natural Resources Corp. and the Serious Fraud Office reached a confidential settlement Tuesday, ending a bitter legal battle over the prosecutor's alleged leaks to the media during the life of an ill-fated criminal probe.
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October 07, 2024
'Petsure' Appeal Levels Bar For Actual Confusion
A recent appellate court ruling holding that a pet insurance company's name was too similar to its rival's trademark spells good news for trademark pros, who feared that the initial ruling in the case would set the burden of evidence for actual confusion too high.
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October 07, 2024
Pinsent Masons Snags DLA Piper Construction Disputes Pro
Global law firm Pinsent Masons LLP said Monday it has hired a DLA Piper international arbitration lawyer in London who advises clients on construction, engineering and infrastructure disputes.
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October 07, 2024
Walker Crips Must Classify Investment Manager As Worker
An investment manager on Monday won his bid for worker status after an employment tribunal ruled that a lax agreement with Walker Crips giving him free rein over his hours and investment style didn't mean he owned a separate business.
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October 07, 2024
Putin Helped Airlines Survive, Insurers Say In Stranded Jets Trial
The Russian government did not order the country's private airlines to retain aircraft after Western sanctions were imposed, a group of insurers argued at trial Monday, but instead facilitated the necessary conditions for its aviation industry to survive.
Expert Analysis
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9 Takeaways From The UPC's First 6 Months In Session
Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.
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How Boards Can Mitigate Privacy, Cybersecurity And AI Risks
In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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The Outlook For UK Restructuring Plans At Home And Abroad
The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
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The Top 7 Global ESG Litigation Trends In 2023
To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.
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Proposed Amendment Would Transform UK Collective Actions
If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.
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Employment Law Changes May Increase Litigation In 2024
As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.
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How 'Copyleft' Licenses May Affect Generative AI Output
Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.
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UK Compulsory Mediation Ruling Still Leaves Courts Leeway
An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.
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Russia Ruling Shows UK's Robust Jurisdiction Approach
An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.