Commercial Dispute Resolution: A London (Bar) Overview

General Commercial Overview

Russian aircraft, Russian sanctions

Dominating the commercial litigation landscape of 2024‒25 has been the Russian aircraft litigation, comprising claims in respect of the non-return of aircraft leased to Russian airlines, following the termination of leases as a result of Russian sanctions. In this context, the major event of 2024‒25 was the “mega trial” in the lessor policy claims ‒ a 46-day trial involving 15 parties and worth more than GBP3 billion. The lengthy judgment, handed down in May 2025 (AerCap Ireland Ltd v AIG Europe SA & Ors (“Russian Aircraft Lessor Policy Claims”) (2025) EWHC 1430 (Comm)), represents a landmark ruling on legal issues such as the nature of physical loss, sanctions, and the law on peril and causation.

The Russian aircraft litigation continues apace, with further claims under aircraft operator policies proceeding in the commercial court. These claims ‒ totalling approximately USD10 billion and involving hundreds of parties ‒ are listed for a three-month trial in autumn 2026, following earlier unsuccessful jurisdiction challenges whereby the commercial court gave an important judgment regarding the circumstances in which exclusive jurisdiction clauses can be overridden (Zephyrus Aviation Partners v Fidelis Underwriting Limited (2024) EWHC 734 (Comm)).

Russian sanctions are plainly a topical area in commercial litigation at present. In July 2025, the UK Supreme Court handed down judgment in Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs (2025) UKSC 30, dismissing a significant challenge to the operation of the UK sanctions regime. In the same month, the commercial court handed down judgment in LLC EuroChem North-West-2 & Anor v Société Générale SA & Ors (2025) EWHC 1938 (Comm), which concerned six on-demand bonds issued by the bank Societe Generale in favour of EuroChem (one of the world’s largest agricultural chemical manufacturers). The judgment found that the bonds were unenforceable owing to Russian sanctions. More commercial litigation concerning the effect of Russian sanctions on commercial contracts can be expected going forward.

Jurisdiction challenges and appeals

The jurisdiction challenge in the Russian Aircraft Lessor Policy Claims is one of many commercial judgments concerning jurisdictional issues in 2024‒25. In November 2024, the court of appeal handed down judgment in CRF 1 Ltd v Banco Nacional De Cuba & Anor (2024) EWCA Civ 1409, which concerned the court’s jurisdiction to determine a creditor’s claim for USD72 million of debt and accrued interest owed under loan agreements entered into by Banco Nacional de Cuba in the late 1980s. The court of appeal upheld the commercial court’s decision that the English court had jurisdiction. In July 2025, the court of appeal gave judgment in Berge Bulk Shipping Pte Ltd v Taumata Plantations (2025) EWCA Civ 876,which involved jurisdiction challenges to claims by three New Zealand companies under letters of indemnity and represents a landmark decision on the law of agency.

Group actions

There is now an important developing trend for pursuing group litigation in the commercial sphere, on a scale that is unprecedented by the standards of the English courts. Prominent recent examples include the Fundão Dam litigation and the Pan-NOx litigation (“Dieselgate”). Obstacles to class actions do, however, remain. The UK Supreme Court, for instance, has refused permission to appeal in Wirral Council v Indivior Plc, forestalling the attempt to bring securities claims by way of representative action. Further attempts to formulate such claims in a way that meets with the courts’ approval are to be expected and will continue to be advanced in the years ahead.

Major developments in commercial law and arbitration

One of the most significant commercial appeals in 2024‒25 involved claims in relation to commission paid to motor dealers: Hopcraft & others v Close Brothers Ltd & others (2025) UKSC 33. The UK Supreme Court’s judgment was a notable success for the defendants, dismissing most of the claims advanced. The judgment also represents an important analysis of the law in relation to fiduciary duties and the tort of bribery and it stands alongside other significant recent decisions of the UK Supreme Court in this field ‒ namely, Rukhadze v Recovery Partners (2025) UKSC 10 and Stevens v Hotel Portfolio II UK Ltd (2025) UKSC 28.

Many important commercial decisions reach the English courts by way of arbitration appeals and the English courts have also been the forum for several important commercial decisions arising from arbitration proceedings in 2024‒25. In July 2025, the UK Supreme Court heard the appeal in King Crude Carriers SA & Ors v Ridgebury November LLC & Ors, made under Section 68 and Section 69 of the Arbitration Act 1996, which concerned the obligation of buyers to pay a deposit under vessel sale agreements. The main issue, which was whether a deposit could be claimed in damages or debt, provides an opportunity for the UK Supreme Court to rule on important issues of general application in the law of contract. Other important commercial decisions arising from arbitration proceedings in 2024‒25 include V & Anor v K (2025) EWHC 1523 (Comm) ‒ a decision on arbitral bias, which adds to a growing body of authority on the subject. The new Arbitration Act 2025 also came into force on 1 August 2025 but is yet to be explored before the commercial court and its impact remains to be seen.

Mega trials and fraud claims

The Russian aircraft litigation is not the only mega trial to have taken the stage in the commercial court in 2024‒25. The four-term long trial in the Skat litigation ‒ a GBP2 billion commercial court fraud claim brought by the Danish tax authority ‒ concluded in early 2025; judgment is awaited. The commercial court continues to play host to lengthy and high-value trials, often involving multiple parties and allegations of serious commercial fraud. Important disputes that got underway during 2025 included the Public Institution for Social Security v Al Rajaan, NMC v Ernst & Young, and Jinxin v Aser Media Pte.

The commercial court has also begun to hear fraud cases arising from the collapse of Greensill. The GBP100million claim in White Oak v Marsh, which concerned allegations of fraud on the part of the world’s largest insurance broker in its work for Greensill, settled in the course of a trial in May 2025. A further such trial, Credit Suisse v Softbank, began in June 2025 and the Greensill saga looks set to spawn further litigation in the coming years.