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UK Supreme Court Appeals

Cooley LLP

UK Supreme Court Confirms Requirements for Claims in ‘Knowing Receipt’

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At the end of 2023, the UK Supreme Court handed down judgment in Byers and others v. Saudi National Bank. Unanimously dismissing the appeal, the Supreme Court definitively determined that a claim in knowing receipt cannot be...more

A&O Shearman

Losing control: What the Mints Court of Appeal judgment means for UK sanctions

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On 6 October 2023, the Court of Appeal handed down judgment in the case of Mints & ors v PJSC National Bank Trust & anor [2023] EWCA 1332. The judgment confirmed that the UK’s sanctions do not preclude the English courts...more

Cooley LLP

Commercial Court Leaves Room for Enforceability of Litigation Funding Agreements

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In the first case to address the ramifications of the UK Supreme Court’s decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others (see our July 2023 blog post on this case),[1] the...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court of Appeal Comments on UK Sanctions Ownership and Control Test

On 6 October 2023, the UK Court of Appeal (the Court of Appeal) delivered its judgment in Mints v. PJSC National Bank Trust and PJSC Bank Otkritie.1 In its decision, the Court of Appeal confirmed that English courts can enter...more

Cooley LLP

UK Supreme Court: Litigation Funding Agreements Are Damages-Based Agreements

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On 26 July 2023, the UK Supreme Court handed down a judgment that will cause serious disruption (at least in the short term) to the litigation funding market. In R (on the application of PACCAR Inc and others) v Competition...more

White & Case LLP

Tinkler v Esken Limited: was Mr. Tinkler swindled? Court of Appeal dismisses application to set aside a judgment alleged to be...

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A challenge to a Court judgment on grounds of fraud brings into conflict two fundamental principles of English law: (i) the finality of judgments; and (ii) the principle that fraud unravels all. Given the importance of the...more

White & Case LLP

Landmark UK Supreme Court decision clarifies scope of banks’ so-called ‘Quincecare duty’

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In Philipp v Barclays Bank UK PLC, the UK Supreme Court has given unanimous judgment in favour of Barclays Bank, and provided clear guidance on the so-called ‘Quincecare duty’ owed by banks to their customers. White & Case...more

Proskauer - Minding Your Business

Drafting an Arbitration Agreement? – Remember Four S’s

Last month saw the end of the second round of the UK Law Commission’s consultation on reform of the Arbitration Act 1996, the legislation which provides the framework for arbitration in England and Wales. We have reported on...more

Conyers

Liquidators Beware: an Alternative to Quincecare

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The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment...more

Dechert LLP

UK Supreme Court Finds No Entitlement to a "Reasonable Fee" for Making a Business Introduction

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The UK Supreme Court has found that an introducer of business was not entitled to any remuneration for a valuable introduction outside of circumstances expressly provided for in the contract. This judgment highlights the...more

Conyers

Directors: “What shall we do?” – Interplay between the Sequana decision, HSBC v NewOcean Energy Holdings Ltd and the new Cayman...

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Due to the recent challenging economic environment, the law’s treatment of creditors’ interests in a restructuring or insolvency has been a hot topic. From a creditor’s perspective, its objective will be straightforward: to...more

Conyers

Directors’ Duties on the Precipice of Insolvency: Brief Overview of BTI 2014 LLC v Sequana SA

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The United Kingdom Supreme Court (the “UKSC”) recently delivered its eagerly anticipated judgment in BTI 2014 LLC v Sequana SA and others [2022 UKSC 25] (“Sequana”). The reasoning in Sequana will be highly persuasive in the...more

Dechert LLP

Sequana: “Momentous” Judgment by Supreme Court on the Creditor Duty

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The Supreme Court has ruled, for the first time, on the existence, specific content and engagement of the so-called “creditor duty” or the “rule in West Mercia”. In doing so, it unanimously dismissed BTI’s appeal. ...more

BCLP

Setback for defendants in international environmental group claims

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The judgment of the Court of Appeal on 8 July in Municipio de Mariana v BHP Group (UK) Ltd and BHP Group Limited [2022] confirms once again the difficulties faced by UK defendants in bringing international environmental tort...more

King & Spalding

Landmark Holiday Pay Ruling

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Last week, the UK Supreme Court issued a significant holiday pay decision, Harpur Trust v Brazel, ruling that part-year workers (who only work certain weeks of the year) should not have their paid holiday entitlement...more

Conyers

AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16: Reconsidering an Order before it is Sealed

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In recent years there have been a number of cases in the BVI in which the Court has been asked to reopen judgments or orders prior to their sealing. In those cases, the BVI Court has consistently found - adopting the...more

McDermott Will & Emery

UK Supreme Court: Individuals Subject to Criminal Investigation Have Reasonable Expectation of Privacy Until Charge

On 16 February 2022, the UK Supreme Court in Bloomberg LP v ZXC [2022] UKSC 5 unanimously upheld the decisions of two lower courts that Bloomberg was wrong to publish an article identifying a US executive who was under...more

Latham & Watkins LLP

UK Supreme Court Finds Guaidó Is to Be Recognised as Venezuela’s Head of State in Gold Dispute

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The decision clarifies the role of the English courts and the UK executive branch in the recognition of foreign heads of state and the ability of English courts to adjudicate the lawfulness of executive and legislative acts...more

Littler

Littler Global Guide - United Kingdom - Q4 2021

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Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more

Latham & Watkins LLP

UK High Court Sanctions £10.1 Billion Annuity Book Transfer From PAC to Rothesay

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The judgment clarifies the Court’s approach to proposed transfers under Part VII of FSMA, as well as the scope and application of s. 110(1)(b).  On 24 November 2021, the High Court of England and Wales (the Court)...more

White & Case LLP

UK Supreme Court dismisses data protection class action claim

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The Supreme Court of the United Kingdom has delivered its long-awaited decision in the case of Lloyd [2021] UKSC 50, rejecting an attempt to bring a representative claim for compensation for "loss of control" over personal...more

Pillsbury Winthrop Shaw Pittman LLP

UK Supreme Court Rules for Google in “Class Action”—However, Increased Data Damages and Fines Risk Remains

This year has seen further record GDPR fines levied by Data Protection Authorities, however, a second “under the radar” risk exists—namely, being sued for damages. Today we saw a sea-change case (Lloyd v Google) ruling by...more

A&O Shearman

Kabab-Ji SAL v Kout Food Group: Latest UK Supreme Court Judgment on Governing Law of Arbitration Agreements

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The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more

Latham & Watkins LLP

UK Supreme Court Affirms “Orthodox” Approach to Liquidated Damages in English Law

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Importantly for commercial parties, the decision indicates that parties are assumed to be aware of this approach. Liquidated damages clauses provide pre-agreed remedies for contracting parties in the event of particular...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

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