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Commercial Litigation Updates

Luxury Golf Resort Worldwide Freezing Injunction Confirmed

Published on: 24 February 2013 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Luxury Golf Resort Worldwide Freezing Injunction Confirmed

The High Court has confirmed a worldwide asset freezing injunction against property developers who promoted a luxury wine, golf and boutique hotel resort in Argentina. The court ruled that an investor in the project had a good arguable case that the developers had made representations prior to the execution of a £1 million loan agreement that were either fraudulent or reckless.

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Nuclear Submarines Project £93.6 Million Cost Over-Run

Published on: 21 February 2013 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The Technology and Construction Court (TCC) has determined where liabilities should fall consequent upon a very substantial over-run in the cost of a Ministry of Defence (MoD) project to design and construct a nuclear submarines facility on the Clyde.

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Contract was not Necessarily Stymied by Russian Exports Ban

Published on: 20 February 2013 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Contract was not Necessarily Stymied by Russian Exports Ban

In the context of an abortive contract for the sale of a substantial quantity of grain, the Commercial Court has ruled that the agreement was not necessarily stymied by a temporary ban on wheat exports from Russia.

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Seller Entitled to Retain $7.5 Million Instalment

Published on: 18 February 2013 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Seller Entitled to Retain $7.5 Million Instalment

In the context of a contractual dispute over the $37.5 million sale of two large gas plants, the Commercial Court has ruled that the seller is entitled to retain $7.5 million in instalments remitted by the buyer before it defaulted on payment of the balance.The seller was also entitled to recover as a debt the further sum of $20 million which had fallen due prior to termination of the contract.

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Consumers Can Testify in Interflora Trade Mark Dispute

Published on: 21 February 2013 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Consumers Can Testify in Interflora Trade Mark Dispute

Interflora Inc. has been granted permission to call evidence from 13 members of the public in support of its case that Marks & Spencer Plc. has infringed its trade mark by ensuring that the retailer's name pops up on computer screens when internet users type the word ‘Interflora’ into Google.

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Market Leading Anti-Malaria Drug Patent Invalid

Published on: 20 February 2013 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

In a ruling which will send shock waves through the pharmaceutical industry, a judge has decided that the European patent protecting the UK’s most successful anti-malarial prophylactic is invalid. In upholding arguments put forward by generic drug manufacturers, the court ruled that the particular combination of ingredients that makes up the market-leading preparation, marketed as Malarone, is ‘obvious’ in the light of research that pre-dated the patent application.

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Companies Court Emphasises Open Justice Principle

Published on: 19 February 2013 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

In the context of unfair prejudice petitions in which allegations of wrongdoing were made against, inter alia, two members of the ruling family of a foreign state, the Companies Court has emphatically upheld the principle of open justice in dismissing applications that the proceedings should be heard in private.

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