Commercial Litigation UK

  • July 15, 2024

    AstraZeneca Unit Defends Soliris Patent Against Invalidity Bid

    Alexion has hit back at a claim by Amgen that its patent over Soliris is invalid, arguing in a London court that the formula for the rare blood disease treatment was not obvious based on earlier patents and publications.

  • July 15, 2024

    Daily Mail Wins Bid To Ax Green Industrialist's Libel Case

    The publisher of the Daily Mail newspaper won its fight to dismiss a £100,000 ($129,800) libel claim by a green energy tycoon on Monday after a judge ruled that it was not "potentially viable" because it was over only part of an article.

  • July 15, 2024

    Nigerian Oil Spill Victims Can't Put Off Leigh Day Trial

    A judge declined on Monday to adjourn the case of Nigerian villagers suing Leigh Day over the negotiation of a £55 million ($71 million) settlement with a Shell subsidiary, saying that the claimants had failed to explain why they were not ready on the first day of trial.

  • July 15, 2024

    BHP, Vale To Split Damages 50/50 Ahead Of £36B Dam Trial

    Mining giants BHP and Vale have agreed to equally share the cost of any damages awarded to hundreds of thousands of claimants in legal proceedings in England, the Netherlands and Brazil over a dam disaster operation that killed 19 people.

  • July 12, 2024

    InterDigital Gets $240M In FRAND Dispute With Lenovo

    A London appeals court ordered Lenovo to pay $240.1 million to InterDigital on Friday for a license to use its standard essential patents covering wireless technologies, resolving a lengthy dispute over fair and nondiscriminatory license terms.

  • July 12, 2024

    Jenner Hires Finance Disputes Pro From Stephenson Harwood

    Jenner & Block LLP has bolstered its London office with the hire of a financial disputes services specialist who co-headed the litigation practice at Stephenson Harwood LLP.

  • July 12, 2024

    Lawyer Beats Allegation He Helped Tycoon Duck Asset Freeze

    A leading Monégasque lawyer did not conspire to help an embattled Taiwanese shipping magnate evade an asset freezing order, as he "honestly believed" he was entitled to transfer $26 million from the sale of the businessman's villas, a London judge ruled Friday.

  • July 12, 2024

    Met Officer Gets £37K For Disability Discrimination Claim

    A Metropolitan police officer won nearly £37,000 ($48,000) in damages on Friday, with the Employment Tribunal deciding to compensate him for disability discrimination that caused him severe distress and "made his life intolerable."

  • July 12, 2024

    Apple, Amazon Fight Over Class Terms In £500M Price Claim

    A consumer advocate clashed in a London tribunal on Friday with Apple and Amazon over the terms of her £500 million ($649 million) class action that accuses them of inking a secret deal to limit independent sales of Apple's products.

  • July 12, 2024

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

    This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.

  • July 12, 2024

    Israeli Aquafarm Blames War For Unpaid $21M Debt

    An Israeli aquafarming company has hit back at an asset management firm trying to recover $21 million for an allegedly unpaid settlement agreement, arguing it has been impossible to raise money following Hamas' Oct. 7 attack in Israel.

  • July 12, 2024

    Dentons To Face SRA Appeal On AML Misconduct Ruling

    The Solicitors Regulation Authority has appealed against a London tribunal's decision that inadvertent anti-money laundering failures at the U.K. arm of Dentons over a politically exposed client did not amount to professional misconduct.

  • July 12, 2024

    NFU Mutual Sued For £10.5M Over COVID Business Losses

    A group of hospitality and farming businesses have sued the National Farmers Union Mutual Insurance Society Ltd. for around £10.5 million ($13.6 million) to cover losses the companies allegedly suffered from closures during the COVID-19 pandemic.

  • July 12, 2024

    Rock Bands Sue PRS Over 'Abusive' Music Licensing Regime

    Three rock bands and their rights management company have sued the Performing Right Society at a London court for allegedly abusing its dominant market position by imposing onerous fees and requirements on its members.

  • July 12, 2024

    Oil Co. Loses Bid To Alter £43M Legal Bills In $11B Nigeria Win

    The Court of Appeal refused on Friday to change the currency used in the payment of Nigeria's legal costs arising from an $11 billion battle over a fraudulent arbitration award for the "straightforward" reason that the solicitors' invoices are in sterling.

  • July 12, 2024

    Judicial Diversity Data Finds Small Gains For Ethnic Minorities

    More work needs to be done to accelerate improvements in judicial diversity, lawyers groups have said, as industry statistics reveal that little has changed in representation of ethnic minorities and that solicitors still trail behind barristers in recruitment.

  • July 12, 2024

    Axiom Owes Ex-Staff £37K In Redundancy, Notice Payments

    A tribunal has ruled that Axiom Ince must pay two more former staff a total of at least £36,700 ($47,500) in redundancy and notice payments, with one of the ex-employees also winning compensation for breaches of trade union rules when the firm collapsed.

  • July 11, 2024

    Avionics Companies Say Lufthansa Can't Amend Patent Claim

    A Panasonic subsidiary and an Astronics unit urged a London court on Thursday to block German airline Lufthansa from being allowed to amend its claim in a long-running patent spat, saying the late change would place their case "at risk."

  • July 11, 2024

    Volvo Wasn't Properly Served In Cartel Case, ECJ Says

    The European Union's top court ruled Thursday that Volvo was not validly served when documents were sent to its Spanish subsidiary, in a major setback for a competition damages claim in the Iberian country.

  • July 11, 2024

    Consumer Groups Get EU Court's OK To Bring Data Claims

    Representative organizations can bring privacy litigation for individuals if the organizations can prove a breach resulted from the processing of personal data, the European Union's top court ruled Thursday in tech giant Meta's dispute with a German consumer rights body.

  • July 11, 2024

    Former EuroChem CEO Escapes EU Sanctions

    The European General Court has lifted sanctions on the former chief executive officer of Russian fertilizer manufacturer EuroChem, finding there is not enough evidence to show the businessman is still involved in sectors generating revenue for the Russian government.

  • July 11, 2024

    Medical Device Maker Defends Bladder Stone Removal IP

    A Chinese medical device maker has hit back at a rival's bid to invalidate its patent for a suction device to remove bladder stones, saying that it is new and doesn't add extra subject matter.

  • July 11, 2024

    NCA Can Seize Money Linked To £55M Tax Scam

    A 13-year money laundering investigation involving a lottery winner, a bomb hoax and a £55 million ($71 million) tax fraud neared its end at a London court on Thursday as a judge ordered funds from three defunct companies to be forfeited to the National Crime Agency.

  • July 11, 2024

    BHS Liquidators Sue Former Owner For Role In £133M Loss

    Liquidators for BHS have sued its former owner in their latest effort to recover money after the high street chain's £133 million ($171 million) collapse, telling a London court that the law firm partner had wrongly pocketed millions of pounds of the company's cash.

  • July 11, 2024

    Barclays Sued By Trader For Suspending Investor's Account

    Barclays is being sued for allegedly blocking a customer from trading on the bank's investor platform and failing to tell the market trader when selling could resume, losing him £6.7 million ($8.6 million) in profit.

Expert Analysis

  • Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

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    In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.

  • What UK Digital Markets Act Will Mean For Competition Law

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    The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.

  • UK Supreme Court Confirms Limits To Arbitration Act Appeals

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    Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.

  • Examining The EU Sanctions Directive Approach To Breaches

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    In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.

  • Trends, Tips From 7 Years Of EPO Antibody Patent Appeals

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    Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.

  • 4 Takeaways From Biotech Patent Invalidity Ruling

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    The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.

  • Why Reperforming Loan Securitization In UK And EU May Rise

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    The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.

  • What French Watchdog Ruling Means For M&A Landscape

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    Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.

  • How Life Science Companies Are Approaching UPC Opt-Outs

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    A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

  • New Directors' Code Of Conduct May Serve As Useful Guide

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    Although the Institute of Directors’ current proposal for a voluntary code of conduct is strongly supported by its members, it must be balanced against the statutory requirement for directors to promote their company’s success, and the risk of claims by shareholders if their decisions are influenced by wider social considerations, says Matthew Watson at RPC.

  • Lego Ruling Builds Understanding Of Design Exam Process

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    In Lego v. Guangdong Loongon, the European Union Intellectual Property Office recently invalidated a registered design for a toy figure, offering an illustrative guide to assessing the individual character of a design in relation to a preexisting design, says Christoph Moeller at Mewburn Ellis.

  • Contractual Drafting Takeaways From Force Majeure Ruling

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    Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.

  • The Unified Patent Court: What We Learned In Year 1

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    ​​​​​​​The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.

  • Decoding Arbitral Disputes: Spanish Judicial Oversight

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    The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.

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