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Commercial Litigation UK
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May 19, 2025
EY Accused Of Flawed Audits At NMC Health's £2B Fraud Trial
The administrator of NMC Health accused EY on Monday of "fundamentally flawed" auditing that allowed a major fraud against its business by principal shareholders to go undetected for more than seven years, as a multibillion-pound trial kicked off.
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May 19, 2025
Firm And Consultant Fined £10K Over Accounts Rules Breach
An English law firm and a consultant were each hit with a £5,000 ($6,700) fine by a disciplinary tribunal on Monday after the solicitors' regulator alleged that they allowed the company's client account to be used as a banking facility.
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May 16, 2025
State Immunity In England Needs Clarification, Judge Says
Investors in an Indian satellite communications company have been granted permission to challenge a ruling allowing India's sovereign immunity defense in English litigation to enforce a $217 million arbitral award, after a judge in London ruled Friday that the immunity issue raises broader questions.
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May 16, 2025
Solicitor Struck Off For £1M Fraudulent Transfers
A former owner of a now-defunct law firm has been banned from working as a solicitor after he allowed the firm's client account to receive and transfer more than £1 million ($1.3 million) for illegal purposes long after the business had stopped trading.
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May 16, 2025
Work Agency Loses VAT Deregistration Appeal Over Tax Fraud
An agency worker supply company has lost its latest bid to challenge a decision by the U.K. tax authority to cancel its VAT registration over its alleged links to a tax fraud scheme, as a London appeals court refused its bid on Friday.
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May 16, 2025
Coupang Accuses DAZN Of 'Seller's Remorse' Over FIFA Deal
Coupang accused streaming platform DAZN of experiencing "seller's remorse" and reneging on a deal to provide the e-commerce business with a license to broadcast the 2025 FIFA Club World Cup in South Korea at the start of a High Court trial on Friday.
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May 16, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Linklaters and EY face negligence claims from a fintech investment firm, property developer Sir John Ritblat bring legal action against a Guernsey-registered company, and fresh equal pay litigation filed against Morrisons and Safeways. Here, Âé¶¹´«Ã½360 looks at these and other new claims in the U.K.
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May 16, 2025
Ex-BGC Tax Adviser Jailed For Breaching Asset Freeze Order
A former BGC Partners employee was sentenced to 16 months committal in prison Friday for contempt by a London judge Monday after admitting he breached restrictions the court imposed after he committed a £23.5 million ($31.1 million) fraud against a subsidiary.
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May 16, 2025
Steel Biz Says Ex-Exec Must Repay £574K Of Bonus
A British steel supplier has sued its former managing director, alleging he wrongfully retained more than half a million pounds of a conditional bonus following his early departure from the company.
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May 16, 2025
Guardian Story On Murder Of Gay Student Can't Be Libel
The Guardian defeated a claim that it had defamed a man by suggesting he was gay after a court ruled Friday that there is no longer any scope for arguing that right-thinking individuals would think less of someone because of their sexual orientation.
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May 16, 2025
Gov't, EHRC Face Legal Challenge Over Toilet Use Guidance
A group of transgender and intersex individuals launched a legal challenge against the equalities watchdog and a government minister on Friday, arguing that guidance issued following the U.K. Supreme Court's watershed ruling on the legal definition of a woman violates human rights law.
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May 16, 2025
Tycoon Claims PE Firm Unfairly Forfeited €1.5M Investment
Peter Waddell has sued a private equity firm for €1.5 million ($1.7 million) over an investment the tycoon claims was wrongfully forfeited when the company saw him as a "nuisance" following a court battle connected with funding for his car supermarket group.
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May 23, 2025
Ashurst Adds Paris White Collar Chief From Eversheds
Ashurst LLP said Friday that it has recruited the head of white-collar crime and investigations at Eversheds Sutherland in Paris to lead its own French corporate crime team.
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May 15, 2025
Clifford Chance Adds Arbitration Expert From Pinsent Masons
Clifford Chance LLP has boosted its international arbitration practice by hiring a lawyer from Pinsent Masons LLP, saying she has broad experience in matters involving Spain and has been appointed to serve as a partner on the global law firm's litigation and dispute resolution team.
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May 15, 2025
HMRC Fights To Keep £261M In Overseas Dividends Tax Battle
The British High Court was wrong to find BAT Industries PLC could have discovered that its tax payments on foreign dividends were made by mistake, HM Revenue & Customs told an appeals court Thursday, urging it to overturn the ruling.
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May 15, 2025
Judge Sidelined Over Bias Concerns In Business Taxes Feud
A London court on Thursday removed a district judge from a dispute over the payment of business taxes, citing a risk of bias amid his "sensitive" response to a challenge of his decision in an earlier linked case.
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May 15, 2025
Software Biz Boss Defends 'Wise' Rebrand In TM Dispute
The chief executive of a software business said he didn't believe that rebranding his business to use the name "Wise" would lead customers to confuse it with digital payments company Wise, as he gave evidence to the trademark infringement trial Thursday.
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May 15, 2025
Amazon Whistleblower Fights To Revive Unfair Firing Claim
An Amazon whistleblower urged the Employment Tribunal on Thursday to revive his unfair dismissal claim against the tech giant, saying a lower tribunal's decision to strike out his claim was unfair in light of his neurological disability.
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May 15, 2025
EE Loses Case Against Avanti Over Satellite Link Price Hike
Mobile provider EE lost its case that Avanti Broadband Ltd. breached a contract to provide satellite network connection services by demanding an "exorbitant and unreasonable" price hike, as a London court ruled on Thursday that EE's contractual interpretation was "plainly wrong."
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May 15, 2025
Legal Costs Insurer On The Hook For £83K Payout To Ex-Exec
A legal expenses insurer could owe more than £80,000 ($106,000) to a former executive after a tribunal found that his insolvent employer's prolonged failure to pay wages and commission amounted to a fundamental breach of contract.
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May 15, 2025
Ex-Managing Partner Fights To Redo Costs After Bias Case
The former managing partner of a law firm argued Thursday that a tribunal failed to consider his ability to pay up to £210,000 ($278,8300) after he tried to claim both income protection insurance and a share of its while off sick with cancer.
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May 15, 2025
Businessman Hits Charlton Athletic FC With £500K Debt Claim
A businessman has alleged that Charlton Athletic Football Club is refusing to repay a £500,000 ($665,000) loan he claims to have handed out in response to an immediate financial crisis at the League One outfit after the COVID-19 pandemic.
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May 15, 2025
Lidl Must Pay £51K Amid Degree Bias In Redundancy Criteria
Lidl must pay a former employee £51,000 ($68,000) after it discriminated against him based on his age when it factored his lack of a degree into its redundancy selection before unfairly dismissing him, a tribunal has ruled.
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May 15, 2025
Boris Mints Settles Russian Bank's Asset Claim In $850M Fraud Case
Boris Mints and a Russian bank have reached a settlement in a $850 million fraud claim in which the state-owned lender was seeking to claw back money allegedly embezzled by the Russian businessman.
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May 14, 2025
AstraZeneca Seeks To Halt Looming Diabetes Drug Generics
AstraZeneca has asked an English court to block several generic-drug makers from imminently releasing variants of its billion-dollar diabetes treatment dapagliflozin ahead of a long-awaited judgment determining the validity of remaining patent protections for the drug.
Expert Analysis
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Âé¶¹´«Ã½ Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Âé¶¹´«Ã½ Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Âé¶¹´«Ã½
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
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 Âé¶¹´«Ã½.
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What UK Digital Markets Act Will Mean For Competition Âé¶¹´«Ã½
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.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
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.
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Examining The EU Sanctions Directive Approach To Breaches
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.
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Trends, Tips From 7 Years Of EPO Antibody Patent Appeals
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.
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4 Takeaways From Biotech Patent Invalidity Ruling
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.
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Why Reperforming Loan Securitization In UK And EU May Rise
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.
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What French Watchdog Ruling Means For M&A Landscape
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.