Restructuring & Insolvency analysis: The High Court confirmed that allegations of collateral purpose will not, without more, prevent presentation of a winding-up petition where the petitioner seeks genuinely to recover an undisputed debt. It held that claims against related third parties could not constitute a defence or cross-claim against the petitioning creditor merely because they shared common ownership. Applying Re Maud, the court reaffirmed that a petition is not an abuse of process where liquidation is genuinely sought for creditors' benefit, even if collateral advantages arise. The decision provides valuable guidance on the evidence required to rebut abuse of process allegations and reinforces creditors' freedom to determine their preferred enforcement strategy. Produced in partnership with Annette Thomson of Enterprise Chambers.

PI & Clinical Negligence analysis: Costs Judge Nagalingam refused the defendant’s request for permission to appeal his determination that a reasonable and proportionate figure for the claimant’s bill of costs was £339,565. It was held that CPR 44.11 is not a route to re-litigate allegations of fundamental dishonesty or re-open settlement agreements from the underlying litigation. The defendant made serious allegations that the claimant accepted a lower settlement after disclosure of surveillance evidence. However, it would be manifestly unjust to make a finding on fundamental dishonesty at detailed assessment without permitting a separate and distinct hearing to decide upon that fact. Written by Thomas Mason, barrister, Hailsham Chambers.

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 18 September 2023; it is no longer maintained. See further, timeline. Case facts Outline Appeals by Allergan plc, Advanz Pharma Corp, Cinven (Luxo I) S.a.r.l (formerly Cinven (Luxco I) S.A.), Auden Mckenzie Pharma) Limited and Intas Pharmaceuticals against the CMA’s decision of 15 July 2021 in its Chapter II investigation into excessive and unfair pricing for hydrocortisone tablets which found an abuse of dominance and imposed fines totalling over £260m. Latest development On 18 September 2023, the CAT issued its judgment in which it upheld the finding of excessive and unfair prices by the appellants (and largely upheld the penalties imposed on them), but quashed numerous findings and approaches taken by the CMA in its Decision (in particular, for example, its approach to

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgments of 29 September 2023 and 8 March 2024; it is no longer maintained. See further, timeline. Case facts Outline Appeals by Allergan plc, Advanz Pharma Corp, Cinven (Luxo I) S.a.r.l (formerly Cinven (Luxco I) S.A.), Auden Mckenzie Pharma) Limited and Intas Pharmaceuticals against the CMA’s decision of 15 July 2021 in its Chapter I investigation into a market-sharing agreement between Auden Mckenzie Pharma Limited/Acatais UK and AMCO (now known as Advanz Pharma Corp)/Advanz Pharma Corp (now known as Accord UK) in relation to the supply hydrocortisone tablets and imposed fines totalling £134.3m. Latest development On 8 March 2024, the CAT the CAT published two judgments. The first judgment (dated 29 September 2023 and originally handed down confidentially to the parties) addresses the substantive arguments

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 15 August 2014; it is no longer maintained. See further, timeline, commentary and related cases below. Case facts Outline UK merger investigation into the completed acquisition by Alliance Medical Molecular Imaging Limited of the assets of IBA Molecular UK Limited. The transaction involves a horizontal overlap in the market for producing radioactive tracer for cancer diagnosis. The transaction was cleared under the failing firm defence. Latest developments On 15 August 2014 the CMA published its final decision, unconditionally clearing the transaction. The CMA has concluded that IBA was a failing firm and would have exited the market and closed its facility if the merger hadn't taken place—in that event, customers would have had the same choice of supplier as they do now. Parties Alliance Medical Molecular Imaging Limited (Alliance Medical) is one of Europe's leading independent providers of medical imaging services, providing diagnostic imaging services in the UK, Republic of Ireland, Italy, Spain, the Netherlands and Scandinavia. Alliance is based

This envisages a team of participants coming together to deliver a project jointly, sharing risks and rewards on a ‘no claim, no blame’ basis. See, for example, the NEC4 Alliance Contract (News Analysis: NEC4 Alliance Contract—multiple parties, shared risks and shared incentives).

Law360, London: Allianz UK on 6 February 2025 said it uncovered a total of £157.24m worth of insurance fraud in 2024—a 10% year-on-year increase in part driven by the rising cost of living increasing the number of consumers turning to scams.

Allianz UK has reported on its fraud detection levels for 2024, uncovering 33,027 instances totalling £157.24m, representing a 10% increase from 2023. Key trends include a rise in application fraud, policy abuse, misrepresentation, and ID theft, as well as an increase in moped and motorcycle rider fraud, often connected to the delivery industry. Allianz UK also noted increases in non-tariff injury claims, ‘cash-for-crash’ scams, and professional enabler-led frauds. It also reported a surge in property insurance fraud in fake and exaggerated theft claims. In addition, it highlighted its use of advanced technologies such as voice analytics and machine learning to combat fraud, along with increased collaboration with broker partners to identify and prevent fraud.

Law360, London: Allianz has beaten a theatre operator's attempt to revive a coronavirus (COVID-19) business interruption claim, as an appeals court ruled on 28 October 2024 that the insurer's policy did not cover losses caused by government-mandated lockdowns.

Insurance & Reinsurance analysis: In the latest coronavirus (COVID-19) business interruption decision, the Court of Appeal has handed down judgment in International Entertainment Holdings Ltd and others v Allianz Insurance plc (‘IEH’). This case will be of particular interest to policyholders with ‘policing authority’ or ‘incident’ wordings. The main issue in the appeal concerned whether coronavirus amounted to an ‘incident’, and whether central government or the Secretary of State for Health could be construed as a ‘policing authority’. The judgment also provides helpful commentary on issues often arising in policyholder disputes with insurers, such as the application of the policy sub-limit and the circumstances in which courts will be willing to correct obvious mistakes. Written by Harriet Thurstan, associate at Covington & Burling LLP.

Law360, Insurance company Allianz has said that hackers have stolen personal data from most of its 1.4 million customers in US after cybercriminals hacked into a third-party system used by its US subsidiary.

Law360: An English appellate court has dismissed Allianz's bid to reduce a £16m payout for coronavirus (COVID-19) business disruption to a British restaurant chain, ruling on 16 January 2024 that the outbreak in China was too remote to have caused the losses.