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Commercial Litigation UK
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June 26, 2024
EU Court Tosses Spanish Shipping Cos. State Aid Appeal
A European court on Wednesday once again dismissed a 2014 challenge to the European Commission's move to block a Spanish tax scheme benefiting Spanish shipbuilders and their suppliers.
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June 26, 2024
Serco Case Could Spur Claims Despite Absence Of Case Law
Serco's recent mid-trial settlement with investors over an overcharging scandal means key legal questions in a novel area of law remain untested — but suggests there is value to be had for shareholders suing several other London-listed companies following stock price drops.
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June 26, 2024
Financier Seeks Absolution In Vatican Real Estate Deal Trial
An Italian financier and his companies argued at a London trial Wednesday that the Vatican's allegations that he was involved in an unlawful conspiracy over a London property deal are "incoherent and confused," claiming he acted in good faith throughout the transactions.
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June 26, 2024
Ex-BHS Director Ordered To Pay £50M Over Firm's Collapse
A London judge has ordered a former director of the now-defunct British Home Stores to pay £50 million ($63.2 million) in damages after concluding he had committed trading misfeasance and wrongful trading during the company's high-profile downfall.
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June 26, 2024
Fidelis Says Aircraft Lessors Not Covered Under Russian Law
Fidelis Underwriting Ltd. has said that the lessor and owners of three aircraft stranded in Russia after the country's invasion of Ukraine cannot reclaim $77.2 million for the planes from the reinsurer because they are not insured parties under Russian law.
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June 26, 2024
Poultry Biz Wins Appeal Over Workers' Travel Time Pay
An appellate judge ruled Wednesday that a poultry company does not have to pay its workers for the time they spent traveling to and from poultry farms, overturning a lower tribunal's ruling in favor of the U.K.'s tax authority.
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June 26, 2024
Gas Plant Subcontractor Fights £170M Fraud Suit On Appeal
A gas plant subcontractor relaunched its fight on Wednesday to strike out an engineering company's £170 million ($215 million) claim that it lied about its experience building similar plants ahead of a failed project.
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June 26, 2024
Workers Can Appeal Dyson Forced Labor Case In Malaysia
Migrant workers in Malaysia have won their bid for a second chance to convince the courts that their allegations of forced labor and mistreatment by their employer, ATA Industrial, a large publicly listed Malaysian manufacturer, should be heard in the U.K., the law firm representing them said Wednesday.
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June 26, 2024
Mitie Settles £260M Prison Contract Award Dispute With Gov't
The U.K.'s Ministry of Justice has settled a claim brought by prison services contractor Mitie that accused the government of unlawfully awarding a £260 million ($328 million) prison management contract to its rival.
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June 26, 2024
Volvo Gets Green Light For Headlight TM
A European court handed Volvo a win Wednesday after ruling that earlier judges wrongly rejected its mark for a headlight shaped like Thor's hammer, deeming it an unusual shape for the car market.
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June 26, 2024
Mail Stories Branding Doctors As Liars Not In Public Interest
Mail on Sunday stories branding two doctors as "pernicious liars" were not published in the public interest because they seriously misinformed readers and the journalist behind them did not believe the accusations were true, a London court ruled.
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June 26, 2024
SDT Should Have Granted Anonymity In Iraqi AML Probe
A London court has ruled that the Solicitors Disciplinary Tribunal should have granted an anonymity order to protect client privilege amid its probe into a solicitor's dealings with an Iraqi family, but the judge agreed that the lawyer did not breach anti-money laundering regulations.
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June 25, 2024
Court Finds Russia Responsible For Human Rights Violations
An international court ruled unanimously Tuesday that Russia has committed human rights violations in Crimea following its 2014 invasion of the disputed peninsula by carrying out abductions, raids of private homes and other actions that contributed to a broader effort to stifle dissent.
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June 25, 2024
NatWest Faces Fight To Revive Design School Fraud Case
The founders of an interior design school asked an appeals court to revive their fraud claim against NatWest on Tuesday, arguing that a settlement did not block their case that the bank pretended to help while trying to take the school's assets.
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June 25, 2024
Doctor Loses Appeal In NHS Work Transfer Claim
An appellate panel threw out a bid Tuesday by a British doctors union and a GP to overturn a ruling that the GP's dismissal was not covered by work transfer regulations during the restructuring of his NHS employer.
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June 25, 2024
Law Firm Faces £35M Suit Over Troubled Care Home Scheme
Liquidators for a now-defunct group of companies have accused a law firm of ignoring the signs that their client was defrauding investors out of millions of pounds through a luxury care home Ponzi scheme.
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June 25, 2024
NHS Administrator With Long COVID Loses Harassment Case
A National Health Service trust provided reasonable adjustments for a senior administrator suffering from long-term COVID-19 and did not harass him for his disability when he was taking breaks, an employment tribunal has ruled.
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June 25, 2024
TV Presenter Wins Bid To Beef Up Climate Change Challenge
Nature television presenter and campaigner Chris Packham can reinforce his challenge to the U.K. government's abandonment of environmental policies, a London judge said Tuesday.
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June 25, 2024
Royal Mail Loses Unfair Dismissal Claim Over Grievance Delay
Royal Mail Group forced a postman to resign after failing to properly address his complaints over a rejected job application while he was off sick with stress, an employment tribunal has ruled.
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June 25, 2024
BBC Fights For Ability To Cut Costs Of £20B Pension Scheme
The British Broadcasting Corporation launched an appeal Tuesday in a case that will decide whether it is able to reduce future benefits for members of its £19.8 billion ($25 billion) pension scheme.
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June 25, 2024
Chubb Relies On War Exclusion In $180M Russian Planes Suit
Chubb has denied claims that it owes several Irish lessors for two jets insured for over $180 million stranded in Russia, saying the aircraft are not physically lost and would be excluded as a war risk from the reinsurance policy.
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June 25, 2024
Cantor Fitzgerald Loses Appeal Over $7.5M Unpaid Fees
Cantor Fitzgerald cannot demand a $7.5 million finder's fee for its services to the Indian bank Yes Bank Ltd., a London appeals court ruled Monday, finding the broker did not help the bank raise the private capital as stipulated in their contract.
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June 24, 2024
High Court Pay Not For Temp Judges, Master Of The Rolls Says
The master of the rolls told an employment tribunal Monday that permanent High Court judges are in a different category to those who occasionally take on High Court duties, weighing in on a claim brought by judges who say they should be paid the same wages as permanent judges when they periodically sit at the High Court.
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June 24, 2024
Businessman Sentenced For Disclosure Failings In Fraud Suit
A real estate investor was given a suspended sentence by a London judge Monday for failing to hand over information about his financial assets to investors suing him for alleged fraud, despite a court order.
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June 24, 2024
BHS Asks For £133M In Damages From Former Director
Liquidators for now-defunct retail chain British Home Stores argued Monday that one of the company's former directors owes it £133.5 million ($169.2 million), maintaining that the court should calculate damages from the day he was found to have agreed to a loan that was not in the interests of shareholders and not likely to save the business.
Expert Analysis
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Investors Should Prepare For Possible EU Energy Treaty Exit
Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.
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What Trustees Must Know About Virgin Media Pension Case
The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.
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EU Illumina-Grail Fine Cools Cos.' Merger Control Approach
The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.
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UK Top Court Ruling Spells Uncertainty For Litigation Funders
The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.
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4 ADR Techniques To Know In Employment Cases
With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.
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EU Privacy Framework Will Aid Int'l Data Transfer Compliance
The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.
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Opinion
Plea For A New Int'l Tribunal For Russia's Crime Of Aggression
Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.
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EU Case Shows Wide Approach To Blocking Telecom Mergers
The EU court's recent judgment in Commission v. CK Telecoms may make it more challenging to secure clearance for telecom and other companies pursuing mergers, illustrating its broad approach to mergers that risk harming competition without creating a dominant position, say Dominic Long and Christopher Best at Allen & Overy.
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Protecting Reputation In The Age Of Shareholder Activism
With the rise in investors using equity ownership to influence the management of a company, shareholder activism has taken on fresh impetus, and general counsel have a critical part to play in safeguarding an organization's reputation by engaging in open communication and implementing effective corporate governance, says Neil McLeod at The PHA Group.
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Factors Driving Increased Litigation Against European Cos.
European government regulation and enforcement, economic inflation and litigation funding are driving an increase in litigation, especially class actions, against corporations in Europe, a trend that seems to be here to stay, says Henning Schaloske at Clyde & Co.
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US-EU Plan On AI Illustrates Differing Opinions On Regulation
While the recently announced U.S.-EU voluntary code of conduct for artificial intelligence demonstrates a commitment to deliberate management of the technology, differing views on AI regulation in both regions — and globally — highlight the challenges of achieving a universal solution, say attorneys at Dechert.
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EU Ruling Sets Antitrust Analysis For Vertical Price-Fixing
The European Court of Justice's recent ruling in Super Bock v. Autoridade da Concorrência marks a significant step forward by introducing well-established EU competition law principles in the context of vertical price-fixing agreements, and seems to align with the U.S. approach, say lawyers at McDermott.
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What Venezuelan Gold Fight Means For UK One Voice Doctrine
The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.
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The Importance Of A Proactive Approach To Workplace Safety
Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.
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How Conflict Management Can Prevent Arbitration Disputes
Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.