News & Analysis as of

UK Supreme Court

A&O Shearman

Civil Justice Council calls for overhaul of English litigation funding and lawyer fees arrangements

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On June 2, 2025, the Civil Justice Council (“Council”)—a public body that reviews and makes recommendations to the UK Government about the English civil justice system—published its much-anticipated report on litigation...more

Vinson & Elkins LLP

URS v BDW – Supreme Court Hands Down Highly Anticipated Judgment

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Last week the UK Supreme Court handed down its highly anticipated decision in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21. The judgment provided helpful clarification on the recoverability of remediation costs...more

A&O Shearman

EHRC commences consultation on impact of UK Supreme Court ruling on biological sex

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This week, the Equality and Human Rights Commission (EHRC) commenced consultation on updates to its Code of Practice in light of the UK Supreme Court’s ruling that the terms “woman”, “man” and “sex” in the Equality Act refer...more

Mayer Brown

UK Supreme Court Confirms Broad Scope of Fraudulent Trading Provision Under S.213 Insolvency Act 1986

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On 7 May 2025, the UK Supreme Court handed down its judgment in Bilta (UK) Ltd (in liquidation) and others v Tradition Financial Services Ltd [2025] UKSC 18. The judgment primarily concerned the scope of s.213 Insolvency Act...more

A&O Shearman

UK Pensions: What’s new this week? May 6, 2025

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Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. TPR publishes annual funding statement - The Pensions...more

King & Spalding

What is ‘Gender’ Under the Equality Act? Landmark Ruling – but Controversy Continues.

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Landmark Ruling on Gender – What Should Employers do Now? In a major ruling, the UK’s Supreme Court has held that ‘sex’ under the UK Equality Act means biological (birth) sex. This is regardless of whether an individual has...more

Hogan Lovells

UK: “Duty of retrieval” rejected: why banks do not owe a duty to recover funds lost through APP fraud

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Banking fraud of all types is an ever increasing problem in today’s society, and takes a multitude of forms. On a basic level, frauds can be divided into two types. Unauthorised fraud, where the victim does not provide...more

Cadwalader, Wickersham & Taft LLP

Broker Dealer Commissions: UK Supreme Court Hears Appeal in Johnson, Wrench, Hopcraft v Close Bros. and FirstRand

Executive Summary - The UK Supreme Court last week heard arguments in the joined test cases of Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd. At issue were findings by the...more

A&O Shearman

UK Supreme Court opens three-day hearing on motor finance commission complaints

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The three-day hearing of the significant Supreme Court case involving motor finance commission complaints has begun. The case involves the conjoined appeals involving two lenders who are challenging the decision of the Court...more

A&O Shearman

Disputes 101 - Boilerplate provisions and how not to get scalded

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In the fourth and final post on our series on Disputes 101 we look at boilerplate provisions on: entire agreements, non-reliance, oral variation (aka oral modification) and waiver. Entire agreement and non-reliance - Entire...more

Latham & Watkins LLP

No Causation Defence for Self-Interested Fiduciaries: UK Supreme Court Affirms Strict Profit Rule

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The judgment concerns the circumstances in which fiduciaries must account to their principals for the profits they make from their fiduciary relationships....more

Fenwick & West LLP

SkyKick TM Row with Media Co. Sky Raises Key Risks for US and Global Brands

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The United Kingdom Supreme Court’s decision in SkyKick v Sky highlights a critical trademark risk: Registering a brand for an overly broad range of products and services without an intent to use it across all categories can...more

Latham & Watkins LLP

UK Supreme Court Ruling in El-Khouri: Defining the Territorial Boundaries of the Proceeds of Crime Act 2002

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The ruling, which narrows the UK’s jurisdiction over money laundering offences, will impact how cross-border money laundering offences are prosecuted going forward....more

Cadwalader, Wickersham & Taft LLP

UK Supreme Court Rejects Treasury’s Intervention in Motor Finance Claims

As set out in our previous Cabinet News & Views issue of December 2024 here, the Court of Appeal has found that some commissions paid to car dealerships for arranging loans were potentially unlawful as the loan agreements did...more

White & Case LLP

Course correction: The Supreme Court’s decision in El-Khouri and its impact on extraterritoriality in money laundering cases

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The UK Supreme Court has handed down its decision in El-Khouri (Appellant) v Government of the United States of America (Respondent). Amongst other things, the judgement has overturned the often-criticised Court of Appeal...more

Morrison & Foerster LLP

Top Commercial Disputes of 2024: What You Need to Know and What to Look Out for in 2025

As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more

BCLP

Our Top 5 Banking Litigation Cases From 2024 - Looking Back to Look Forward

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2024 was a busy year for the Courts in England and Wales when it came to banking and wider financial services disputes. We were spoilt for choice when selecting our top 5 cases and, inevitably, have left out some significant...more

Mayer Brown

UK Weekly Sanctions Update - Week of January 13, 2025

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In this weekly update, we summarise the most notable updates in the UK sanctions world. If you have any questions in respect of any of the developments set out below, please do not hesitate to contact a member of our London...more

Jones Day

SkyKick v Sky: UK Supreme Court Confronts Bad Faith in Trade Mark Applications

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The UK Supreme Court has issued a landmark judgment dealing with specific bad faith considerations for trade marks....more

A&O Shearman

Contractual conundrum: variation or replacement?

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Have you amended a contract recently? The UK Supreme Court in Cobalt v HMRC has said that whether a contract has been varied, or replaced, depends on the parties’ common intention, objectively ascertained. So if you are...more

Morrison & Foerster LLP

UK Supreme Court Ruling: Sky Falls in Pivotal Trade Mark Battle with SkyKick

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The wait is over! The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing...more

Hogan Lovells

No more pie in the sky: UK Supreme Court rules over-broad trade marks invalid for bad faith – Sky v SkyKick

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On 13 November 2024, the Supreme Court handed down its long-awaited judgment in SkyKick UK Ltd and another v Sky Ltd and others [2024] UKSC 36. It held that the Court of Appeal was wrong to overturn the High Court's findings...more

Morgan Lewis

UK Supreme Court Confirms Anti-Suit Injunction in Favour of Foreign-Seated Arbitrations

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The UK Supreme Court recently handed down its judgment in UniCredit Bank GmbH v. RusChemAlliance, reaffirming the English court’s support for arbitration and for holding parties to their agreement to arbitrate. However, to...more

King & Spalding

Following Finch: Planning Permission for Coal Mine Quashed

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In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more

Mayer Brown

English High Court applies Supreme Court decision in Finch: UK fossil fuel projects must be assessed for future climate impact

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Last month, the High Court ruled that planning permission previously granted for a coal mine in West Cumbria was unlawful (Friends of the Earth v West Cumbria Mining [2024] EWHC 2349 (Admin) ("West Cumbria Mining")). West...more

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