European Court of Justice makes landmark Brexit ruling as Fieldfisher prevails in $1.9bn Ukrainian banking dispute

European Court of Justice makes landmark Brexit ruling as Fieldfisher prevails in $1.9bn Ukrainian banking dispute

As a crunch parliamentary vote on Theresa May’s Brexit deal looks to be postponed, the European Court of Justice (ECJ) has ruled the UK is free to unilaterally revoke its decision to a divorce from the EU.

The landmark ruling means that UK parliament can instruct the government to bring an end to the Brexit process, if it so wishes. Continue reading “European Court of Justice makes landmark Brexit ruling as Fieldfisher prevails in $1.9bn Ukrainian banking dispute”

Disputes round-up: Simmons wins Petrofac mandate as White & Case makes key regulatory hire

Disputes round-up: Simmons wins Petrofac mandate as White & Case makes key regulatory hire

Simmons & Simmons has landed a major Serious Fraud Office (SFO) investigation mandate at the expense of Freshfields Bruckhaus Deringer.

Simmons’ crime, fraud and investigations head Stephen Gentle and partner Nick Benwell have been enlisted to defend oil and gas company Petrofac in the SFO probe, taking on the mandate from Freshfields. Continue reading “Disputes round-up: Simmons wins Petrofac mandate as White & Case makes key regulatory hire”

Disputes round-up: Supreme Court loss for Pfizer as Mishcon’s Levitt QC returns to the Bar

Disputes round-up: Supreme Court loss for Pfizer as Mishcon’s Levitt QC returns to the Bar

Allen & Overy (A&O) client Pfizer has lost a landmark Supreme Court battle against a host of manufacturers, leaving it vulnerable to substantial financial claims.

In a judgment handed down yesterday (14 November), the Supreme Court upheld lower court decisions that Pfizer’s patent for its pregabalin pain relief product was invalid. Branded as ‘Lyrica’, the pregabalin-based drug is used to treat neuropathic pain as well as generalised anxiety disorder and epilepsy. Continue reading “Disputes round-up: Supreme Court loss for Pfizer as Mishcon’s Levitt QC returns to the Bar”

Offshore disputes: Centre of the cyclone

Offshore disputes: Centre of the cyclone

The inferno of disputes arising from the financial crisis is finally being reduced to embers. Although this may have caused the volume of commercial litigation in London to plateau, disputes in the main Caribbean offshore centres continue to be very buoyant: several firms report significant double-digit revenue growth in their dispute resolution teams over the past 12 months.

Driven by different dynamics, the Cayman Islands, the British Virgin Islands (BVI) and Bermuda have each developed in their own right as sophisticated jurisdictions in which to litigate – supplemented by the expansion of specialist commercial courts, a raft of high-quality judges and a regular flow of top-drawer London silks to argue significant cases. Continue reading “Offshore disputes: Centre of the cyclone”

Offshore disputes: Big fish, small pond

Offshore disputes: Big fish, small pond

Carlyle, Tchenguiz and Crociani are cases repeatedly cited by the leading players in Jersey and Guernsey as shorthand for big disputes and big fees. These cases just keep on giving: all three are now subject to further appeals or related proceedings, prolonging their life in litigation terms. Elsewhere, the mood among local dispute resolution and insolvency lawyers is generally upbeat. Although less high-profile litigation might not deliver the big headlines, there is enough going on below the radar for revenues to remain healthy.

‘Insolvency-related disputes are still a significant source of work globally,’ says Jeremy Wessels, Mourant’s head of litigation and dispute resolution. ‘Other areas where we have seen increased activity include trust-related litigation, regulatory, debt restructuring, cross-border enforcement and go-private transactions.’ Mourant remains the biggest Channel Islands firm for disputes with 25 lawyers in Jersey (five partners and 20 other fee-earners) and 23 (six and 17 respectively) in Guernsey. Continue reading “Offshore disputes: Big fish, small pond”