Litigation

Latest news, analysis and white papers on litigation and dispute resolution matters in the UK. Subscribers to the Litigation Tracker can also access a searchable database of cases and judgments. For details on how to subscribe, email the Litigation Tracker team or call on 020 7970 4275.

 

Judge dismisses “inappropriate” challenge over $2.2bn mining award

A High Court judge, giving his verdict in the latest spat between mining company Vale and BSG Resources, has criticised litigants and their advisers for adopting a “needlessly antagonistic” stance in disputes. Master Davison made the comments after dismissing an application made by former BSG director Dag Lars Cramer against a Part 71 Order requested […]

The 12 biggest moves at the Bar in July

There were a number of moves between private practice and chambers last month, as former court justices also found new homes at the Bar. In terms of private practice exits, it was revealed that Wendy Miles QC would be joining Debevoise & Plimpton for Twenty Essex, while movements between chambers themselves also took place. Keating […]

London

Proskauer eyes litigation growth after first City hire

Proskauer Rose is targeting significant growth in its contentious practice in London after the firm hired its first litigation partner earlier this year. The firm hired Dorothy Murray in March from KWM to set up her litigation practice at the US firm. Murray’s practice focuses on investment and commercial disputes, acting for clients in a […]

Wirecard

Quinn drafts in litigation funder for Wirecard clash against EY

Litigation funder Omni Bridgeway has teamed up with Quinn Emanuel Urquhart & Sullivan to fund proposed litigation brought on behalf of shareholders of Wirecard. The litigation, which is being considered against EY, follows the insolvency of Wirecard in June after allegations of balance sheet manipulation. Senior executives and leadership at Wirecard were also arrested on […]

Debevoise partner decamps to the Bar after three years

A partner at Debevoise & Plimpton has left the firm to join Twenty Essex, three years after joining the US firm. Wendy Miles QC will join the set after 24 years in private practice. She initially spent two years at Russell McVeagh before joining WilmerHale in 1999. She became a partner in 2005 and left […]

NatWest

Dentons and Mishcon on call in NatWest fraud claim

Mishcon de Reya has filed a claim on behalf of an Italian engineering company against NatWest Bank. Maire Tecnimont Group is bringing legal action against NatWest – which has instructed Dentons – arguing that the bank failed to stop it falling victim to payment fraud. In 2018, Maire Tecnimont’s subsidiary in Saudi Arabia sent $5m […]

russia

Judge criticises Clifford Chance’s “heavy-handed” Deripaska application

The long-running saga between Vladimir Chernukhin and Oleg Deripaska saw the High Court strike out a “heavy-handed” contempt application on Friday. Represented by Clifford Chance, Chernukhin failed to convince the court that Deripaska was in breach of a 2018 agreement between the two parties. This is the latest development in the ongoing battle between the […]

Vodafone’s global litigation chief departs for rival

Vodafone’s head of litigation is leaving the telecoms giant after six years to take on a similar role at competitor Lycamobile. Alex Woods will become the first in-house litigation director of the mobile network operator. As part of his new role, he will report directly into chairman Subaskaran Allirajah and the private company’s board. He […]

Lloyds Bank

Therium and Lloyds’ investors face costs bill in ongoing HBOS saga

Thousands of Lloyds shareholders have been issued with a significant costs order alongside Therium after losing their High Court battle over Halifax Bank of Scotland (HBOS). After previously embarking on a class action against Lloyds, both the claimants and third-party funder have been told to pay costs in a ruling by Sir Alastair Norris that […]

Strike-out success for Wirecard in India fraud claim

Wirecard is no longer facing a costly lawsuit in London after the High Court ruled in favour of the under-fire payment services company, striking out allegations of fraud. A ruling handed down by Sir Ross Cranston on Wednesday confirmed that the claimants’ case did not have a realistic prospect of success and that there was […]

Litigation briefings

Keeping expert evidence secret at an inquest

There has rightly been increasing emphasis since the Mid Staffs inquiry and other high media profile investigations, such as Hillsborough, on the responsibility of public bodies to be open and candid in all of their dealings with the Coroner.

Nautica Marine Limited v Trafigura Trading (The Leonidas)

On 28 July 2020 Foxton J handed down judgment in this important case concerning the effect of “subjects” in commercial negotiations, which contains a number of significant points of interest to those negotiating contracts, particularly in the charter market.

Service out: helpful rulings for claims involving international finance

In the recent related cases of Punjab National Bank International Limited v Vishal Cruises (Private) & others and Punjab National Bank International Limited v Passat Kreuzfahrten GmbH & others, the defendants’ challenges to jurisdiction were rejected. In so doing, the English Commercial Court provided helpful rulings for international banks in the context of applications to serve proceedings out of the jurisdiction, including the place for performance of guarantees, compliance with laws local to the finance obligors, and in relation to service under the Hague Convention.

Important Bermuda decision on the recognition of foreign insolvency office holders

The Bermuda Supreme Court has clarified the rules for granting common law recognition and assistance to foreign insolvency office holders following the landmark competing Privy Council decisions of Singularis Holdings Ltd v Price Waterhouse Coopers [2014] UKPC 36 and Cambridge Gas Transportation Corporation v Official Committee of Unsecured Creditors (of Navigator Holding PLC and others) [2006] UKPC 26.

Copyright protection granted to computer programs

Since the legislation offers no definition of a computer program, copyright protection of computer programs was subject to many studies and case-law, both on national and on international level. This article discusses the defining elements of the computer program, such as they have emerged from the legal literature and judicial practice, the difference between configuration and customization of computer programs, as well as the case-law generated by the confusion of these notions.

Housing civil enforcement update

Whilst most of the country was in lockdown at home during the Covid-19 pandemic, the Upper Tribunal was busy giving two key judgements on civil penalties for failures to comply with housing laws.

BVI Norwich Pharmacal orders unaffected by Broad Idea

Since the Court of Appeal’s decision in Broad Idea International Ltd v. Convoy Collateral Ltd BVIHCMAP 2019/0026 was handed down on 29 May this year, our litigation team has frequently been asked to advise on the impact of that decision on the BVI Court’s jurisdiction to grant interlocutory relief in aid of foreign proceedings, and Norwich Pharmacal orders in “support” of intended foreign proceedings. In relation to interlocutory relief generally, the reality is that, post Broad Idea (No 2), the position is now somewhat uncertain.