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Recent Cases

Thu, 7/12/2017

In this case Eli Lilly & Co (“Lilly”), together with a number of associated companies, successfully resisted a jurisdiction challenge advanced by Genentech Inc. Lilly sought declarations of non-infringement (“DNIs”) in relation to UK, French, Spanish, Irish, Italian and... Read more »

Fri, 24/11/2017

The Unwired Planet v Huawei is the leading English case on FRAND royalties, arising in a major dispute about telecommunications licensing. After the decision in Unwired Planet's favour at the trial this year, Huawei sought to bring parallel litigation in China relitigating many of the same... Read more »

Mon, 30/10/2017

In this case, the claimant brought proceedings against the first defendant claiming damages for breach of a settlement agreement, and an order under s.423 of the Insolvency Act 1986 for the setting aside of the sale of a vessel. It was alleged that the sale of the vessel was a sham designed to put... Read more »

Fri, 20/10/2017

On 28 September, a panel of the Court of Arbitration for Sport (“CAS”) in Lausanne issued its award in the arbitral proceedings between the Jersey Football Association (“the Jersey FA”) and the Union of European Football Associations (“UEFA”), in which the Jersey... Read more »

Thu, 19/10/2017

The Supreme Court has handed down an important judgment on the Vienna Convention on Diplomatic Relations, as incorporated into English law by the 1964 Diplomatic Privileges Act. The judgment considers the scope of a diplomat’s immunity to employment claims, international law on human... Read more »

Tue, 17/10/2017

On 13 October 2017, Mr Justice Bryan (sitting as a deputy judge when hearing the case) handed down judgment in The Kyrgyz Republic v Stans Energy Corporation & Anor [2017] EWHC 2539 (Comm). That case concerned a jurisdiction challenge brought under section 67 of the Arbitration Act 1996 in... Read more »

Thu, 14/9/2017

In this application by a shipowner for an order for sale of the cargo loaded on board its vessel, Michael Coburn QC and Rupert Hamilton acted for the owner of the vessel. The Respondent was in substantial arrears in paying hire for the vessel carrying the cargo, and also owed substantial amounts to... Read more »

Fri, 26/5/2017

Justiciability and Act of State Revisited In its interesting judgment in Chugai v UCB, the Patents Court has resolved a number of questions relating to the application of the doctrines of non-justiciability and act of state. The claim concerns a declaration as to non-liability for royalties under a... Read more »

Wed, 26/4/2017

Mr Justice Knowles CBE handed down a judgment on 25 April 2017 dismissing Mr Sevilleja’s jurisdiction challenge. This case raises a number of important issues on the proper construction of the tort jurisdictional gateway; the scope of the tort of procuring a breach of contract (in particular... Read more »

Wed, 26/4/2017

On 23 March 2017, the Commercial Court (Christopher Butcher QC) gave an interesting judgment rejecting a s. 68 challenge alleging “serious irregularity” in respect of an arbitration award. The judgment has recently been published in anonymised form. The challenge failed on the facts but... Read more »