News & Analysis as of

UK Supreme Court

Situs of Debt Owed under Letters of Credit

Supreme Court of England clarifies terms for enforcement of international arbitral awards in Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 - The English...more

How Phil Ivey fundamentally changed the concept of dishonesty in English criminal law

by White & Case LLP on

The card game Punto Banco (a form of baccarat) is a straight game of chance. Or at least it should be, according to the UK Supreme Court, who found that Phil Ivey, a legend in the professional gambling world, cheated...more

Location, location, location – situs of the debt owed under letters of credit – Taurus Petroleum Limited v. State Oil Marketing...

by Dentons on

This judgment of the Supreme Court was given in the context of proceedings to enforce an arbitration award. It is interesting in its consideration of...more

Supreme Court rules on test for dishonesty

by Allen & Overy LLP on

Ivey v Genting Casinos [2017] UKSC 67 - In a landmark case, the UK Supreme Court has clarified the test for dishonesty under criminal law. This re-alignment of the criminal test for dishonesty is significant for both...more

UK Supreme Court Redefines Criminal Dishonesty Test

by Latham & Watkins LLP on

The UK Supreme Court has unanimously ruled that the criminal dishonesty test in R v Ghosh is wrong and that courts should no longer follow this test. The recent decision in Ivey v Genting Casinos clarifies that the test for...more

Construction Contracts: When Is Industry Best Practice Not Good Enough?

by Jones Day on

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

When Can an Order Requiring Payment Stifle an Appeal?

by Latham & Watkins LLP on

Recent UK Supreme Court decision could have far-reaching consequences for appeals - In a split decision, the Supreme Court recently considered whether an order requiring an appellant to pay money (that the appellant does...more

The impact of the Supreme Court's decision that Employment Tribunal fees are unlawful

by Dentons on

The Supreme Court's decision in July 2017 abolished employment tribunal and EAT fees. At the time of writing the Government is still working out a system to repay paid tribunal fees, including to those parties that have paid...more

A Seismic Shift in UK Patent Infringement Law - Actavis v. Eli Lilly

In a decision that appears to have introduced a doctrine of equivalents for the first time, the UK Supreme Court has shifted the laws on patent infringement in Actavis v. Eli Lilly UK [2017] UKSC 48. While this case...more

Global Patent Prosecution Newsletter - September 2017

Worldwide Doctrine of Equivalents and Prosecution History Estoppel - The doctrine of equivalents (DOE) arises in the context of a patent infringement action where the accused product or process does not literally infringe...more

Supreme Court holds Employment Tribunal fees are unlawful

by Dentons on

In what has been described as the biggest news in employment law in the last 50 years, on 26 July 2017, the Supreme Court ruled that the Employment Tribunal fees regime introduced controversially in 2013 was unlawful....more

Company's appeal stifled by order to pay sum into court (Goldtrail Travel Ltd v Onur Air)

by Allen & Overy LLP on

When can a court take into account the wealth of a corporate appellant’s owner in deciding whether imposing a condition for payment of the judgment sum would stifle an appeal? The Supreme Court’s judgment in Goldtrail Travel...more

UK Supreme Court upholds fitness for purpose warranty

by White & Case LLP on

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

Never a Dull Moment in Employment Law: Whistleblowing and More

by Dechert LLP on

The Supreme Court’s recent decision quashing the Employment Tribunal fee regime is not the only recent employment law news of which UK employers need to be aware. This OnPoint summarises some other recent developments....more

UK Supreme Court case: criminal sanctions for trade mark infringement

by Hogan Lovells on

R v M; R v C and R v T - The Supreme Court has held that the criminal sanctions under section 92(1) of the Trade Marks Act 1994 (“the Act”) will apply to the sale or so called “grey” market goods as well as counterfeit...more

“Queue here for the Gravy Train” – Impact of Supreme Court Decision Outlawing Employment Tribunal Fees

by Locke Lord LLP on

The above was a typically restrained Daily Mail headline following Wednesday’s Supreme Court’s Judgement in R (on the application of Unison) v Lord Chancellor, declaring employment tribunal fees to be unlawful. In reality...more

U.K. Supreme Court: Employment Tribunal Fees Are Unlawful

by Faegre Baker Daniels on

In a landmark decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the U.K.’s Supreme Court unanimously found that the Employment Tribunal fee regime is unlawful. Since 2013, claimants have had to...more

2017 Summer review: M&A legal and market developments

by White & Case LLP on

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more

UK Supreme Court finds that Employment Tribunal fees are unlawful

by Dechert LLP on

In an important judgment today, the UK Supreme Court has ruled that the introduction of Employment Tribunal fees in 2013 was unlawful and that fees should no longer be charged, with immediate effect....more

Profiting from breach: when must an innocent party give credit?

by Allen & Overy LLP on

The Supreme Court has considered when a claimant must give credit when, following a breach by the defendant, it ends up in a better position financially. Following a repudiatory breach by the defendant charterer of a ship,...more

Restructuring and Insolvency Bulletin - Issue 1 - 2017 - Supreme Court Lehman Waterfall I decision - foreign currency creditors...

by Dechert LLP on

98% of the liabilities of Lehman Brothers International (Europe) (in administration) (“LBIE”) were denominated in non-sterling currencies. The fall in sterling after LBIE entered administration resulted in significant paper...more

UK Supreme Court broadens scope of patent protection

by Dechert LLP on

The UK Supreme Court’s recent judgment in Actavis v Eli Lilly sets out a revised approach to assessing the scope of protection of patents. The new approach is likely to confer greater protection on patent owners, by providing...more

UK Supreme Court Breathes New Life to the Doctrine of Equivalents

by Dorsey & Whitney LLP on

In what is perhaps the most important development in English law of the last decade in this area of interpretation of patent claims and patent infringement, the UK Supreme Court gave new life to the doctrine of equivalents in...more

UK widens the scope of patent protection

by DLA Piper on

On 12 July, the English Supreme Court introduced a major change to English patent law, extending the potential scope of protection of a patent beyond the interpretation of its claims to variants which achieve substantially...more

Actavis v. Eli Lilly1: Back to the future - The UK Supreme Court changes the test for patent infringement

by WilmerHale on

The UK Supreme Court rarely hears patent cases, and will only hear cases that it considers to be fundamentally important. The court's July 12 judgment is most significant for changing the test for infringement in the United...more

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