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Commercial Litigation UK
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October 10, 2024
Law Firm Owner Faces SDT Over Conflict Of Interest
A law firm owner has been referred to a disciplinary tribunal to face allegations that he created a risk of a conflict of interest by acting for one client in a financial dispute with another client of the firm, the Solicitors Regulation Authority has said.
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October 10, 2024
Advisers Say Council's 'Extreme' Risk Appetite Lost It £20M
Laven Advisors LLP has denied that one of its representatives made fraudulent misrepresentations about high-risk bonds to an English local authority, claiming the £20 million ($26.1 million) investment loss incurred by the council was a result of its own "extreme" risk appetite.
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October 09, 2024
Bank Of Scotland Forced £18.5M Hotel Asset Sale, Court Hears
The Bank of Scotland acted in bad faith by forcing a high-end hotel group it partly owns to sell valuable premises at a reduced price, a lawyer for the hospitality chain said on the first day of trial Wednesday.
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October 09, 2024
Litigation Funder Sues After-The-Event Insurer For £61M
A legal loans company has sued an insurer for around £61.4 million ($80.3 million) over its alleged failure to pay out under a litigation funding arrangement.
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October 09, 2024
State Immunity Blocks Harassment Case Against Ambassador
The former advisor to Ivory Coast's U.K. ambassador cannot bring claims of unfair dismissal and sexual harassment against a government unit after an employment tribunal ruled that it lacked jurisdiction to hear the case.
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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.
Expert Analysis
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UPC Revocation Actions Offer An Attractive Patent Strategy
As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.
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Pension Plan Amendment Power Lessons From BBC Ruling
The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.
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5 Takeaways For Litigants From Early EU Patent Court Ruling
One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.
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What To Know About The EU Residency Scheme Changes
The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.
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High Court Dechert Ruling Offers Litigation Privilege Lessons
While the recent High Court ruling in Al Sadeq v. Dechert LLP, which concerned torture conspiracy allegations against the firm, held that litigation privilege can be claimed by a nonparty to proceedings, the exact boundaries of privilege aren't always clear-cut and may necessitate analyzing the underlying principles, says Scott Speirs at Norton Rose.
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What To Know About AI Fraudsters Before Facing Disputes
The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.
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UK Insolvency Reform Review Shows Measures Are Working
The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.
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More UK Collective Actions On The Horizon After Forex Ruling
A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.
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How Russia Sanctions May Complicate Contract Obligations
Against the backdrop of recent comprehensive sanctions against Russia and Belarus, a review of recent U.K. case law clarifies that certain force majeure clauses likely cover trade sanctions, and that future litigation will further develop the scope of force majeure and frustration in the context of sanctions, says Frances Jenkins at Quillon Law.
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New Guidance Offers Clarity For Charities On ESG Investing
The need for charities to understand investing in line with environmental, social and governance aspirations has never been more pressing, and recently updated U.K. Charity Commission guidance should give trustees confidence to make decisions that are right for their organization, says Robert Nieri at Shoosmiths.
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Taking Stock Of Company Climate Duties After ClientEarth
Despite the High Court's recent dismissal of ClientEarth v. Shell, the case nonetheless has key consequences for companies that are susceptible to being targeted by nonprofit activists as environmental, social and corporate governance lawfare continues, says Dan Harris at Chancery Advisors.
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Copyright Cheat Sheet: Finding Substantially Similar Songs
Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.
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Lessons On Cricket Patent History And IP Protection At UPC
On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.
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FCA Case Failures Highlight Value Of Robust Investigation
The recent U.K. upper tribunal judgment in Seiler, Whitestone and Raitzin v. The Financial Conduct Authority, criticizing the regulator for accepting a narrative advanced by the firm, makes clear that such admissions must not get in the way of a proper investigation to enable agencies to target the correct individuals, say Tom Bushnell and Olivia Dwan at Hickman & Rose.
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Reputation Management Lessons From Spacey Case
While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.