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Commercial Litigation UK
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April 29, 2024
'I Don't Want To Try That Case,' Judge Tells Mike Lynch's Atty
The California federal judge overseeing Autonomy founder Michael Lynch's fraud trial over claims he duped HP into paying an inflated $11.7 billion for his company pushed back Monday against an attempt by Lynch's lawyer to introduce evidence of events that took place after the acquisition, saying, "I don't want to try that case."
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April 29, 2024
Regulator To Pay £58K For Harassing Gender Critical Worker
An employment tribunal ordered Westminster City Council and Social Work England to pay £58,344 ($73,284) to a suspended social worker they accused of posting antitransgender content online.
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April 29, 2024
Meta Can't Appeal Approval Of £2.3B Data Class Action
Meta was blocked on Monday from challenging a decision by the Competition Appeal Tribunal to allow a £2.3 billion ($2.8 billion) class action accusing the Facebook owner of exploiting its users' data, after the court found the appeal had "no real prospect of success."
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April 29, 2024
Butlins Sues Insurers For £60M After Flood Damage
A major holiday resort is suing a number of its insurers, including Aviva and QBE, for failing to pay out on losses sustained when a vacation park was flooded, causing the closure of many of its lodges.
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April 29, 2024
DWF Barrister Made False Discrimination Claims, BSB Says
A former DWF LLP barrister is facing disciplinary action over allegations that he dishonestly and deliberately targeted his boss with false accusations of homophobia and racism.
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April 29, 2024
IBM Targets Rival For Reverse Engineering Code At Trial
Computer giant IBM accused European rival LzLabs at the beginning of a nine-week trial Monday of violating its consumer agreement, saying the competitor's "reverse engineering" of some of its software is a breach of contract.
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April 30, 2024
CORRECTED: Marketing Boss Said LC&F Was A Legitimate Biz, Not A 'Rinse'
The head of a marketing company who referred to London Capital & Finance as a "not a rinse" insisted he was not aware of an alleged Ponzi scheme as he gave evidence on Monday at the trial over the £237 million ($296 million) investment scandal. Correction: An earlier version of the story misstated the content of Careless' 2015 email exchange. The error has been corrected.
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April 29, 2024
Ex-Man City Player Benjamin Mendy Pays £710K Tax Debt
Former Manchester City footballer Benjamin Mendy avoided bankruptcy on Monday after paying a £710,000 ($892,000) tax bill minutes before a court hearing to determine whether an order should be made.
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April 29, 2024
Nurse's Slave Trade Comment Claim Too Late, Tribunal Rules
An employment tribunal has ruled that a clinical manager at a London hospice left it too late to bring a race harassment claim alleging a hospice doctor asked her why slaves were taken to America instead of England.
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April 29, 2024
BHP Offers $26B To Settle Brazil Dam Disaster Claims
BHP's Brazilian subsidiary and its partners in a failed mine operation offered $25.7 billion in reparations on Monday for a 2015 environmental disaster in Brazil that killed 19 people, triggering one of the largest group claims in English legal history.
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April 29, 2024
BT Unit Must Rehire, Pay £84K To Unfairly Axed Engineer
A subsidiary of BT must have reinstated a fired engineer and paid him £83,800 ($105,000) by Monday after bosses unfairly cut him loose for allegedly bullying a colleague without hearing both sides of the story, a tribunal has ruled.
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April 26, 2024
Europeans Try To Ease Dispute Process In Canada Trade Pact
The European Commission on Friday proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.
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April 26, 2024
ECJ OKs Later Limits For Borrowers Stuck With Unfair Contracts
Consumers should not be time-barred from seeking repayment of costs stemming from unfair contract terms because they were unaware of the unfairness, but the clock should start ticking in the event of a court decision to that effect, the European Court of Justice ruled Thursday.
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April 26, 2024
NHS Trust Must Pay £74K, Apologize To COVID Whistleblower
A National Health Service trust must pay £73,900 ($92,300) and apologize to one of its surgeons after punishing him for blowing the whistle on the risks of face-to-face appointments amid the COVID-19 pandemic, a tribunal has ruled.
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April 26, 2024
Vitol Sues Tanker Owner For £3M Over Contaminated Oil
Dutch multinational commodity trader Vitol is suing Pisa Shipbuilding Corp. for over $3 million, alleging the shipowner failed to make its vessel "seaworthy," thus resulting in the contamination of approximately 3,697 metric tons of petroleum products.
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April 26, 2024
Coca-Cola Chews Up Greek Rival's 'Tsakiris' Snack TM
A Coca-Cola subsidiary defeated a rival that wanted to register the trademark "Tsakiris" to sell cereal snacks, after a European court ruled that it would take unfair advantage of the soft drink giant's reputation in Greek potato chips.
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May 03, 2024
Ex-Mishcon Head Of Risk Joins Litigation Boutique
Stokoe Partnership Solicitors has appointed Jarret Brown as its new head of compliance in a role he hopes is "going to be a little less frenetic" at a place with less "infrastructure to shift."
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April 26, 2024
Insurer Signs First Settlement Over Russia-Stranded Planes
An aircraft lessor and an insurer have settled their fight over payouts for planes stranded in Russia after its invasion of Ukraine, the first agreement out of dozens of battles worth billions of dollars involving major insurers.
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April 26, 2024
Black Met Constable Wins £25K In Race Bias Claim
An employment tribunal ordered the Metropolitan Police commissioner to pay £25,403 ($31,790) to a Black constable, after ruling that a sergeant had discriminated against him by remarking that he had stared "menacingly."
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April 26, 2024
Tourists Owed Compensation Over Northwest Passage Cruise
A couple who sued over a disappointing Arctic cruise are entitled to compensation, a London appellate court ruled on Friday, rejecting a bid by Reader Offers Ltd. to overturn a ruling that found the travel company had breached a contract by changing the route of a cruise because of ice conditions.
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April 26, 2024
Sheikh Cleared Of €67M Damages Ruling Over Share Transfer
An Arab tycoon does not have to pay €67 million ($72 million) in damages for transferring shares out of his company after liquidation because the creditors failed to establish any actual loss, an English appeals court ruled Friday.
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April 26, 2024
Billboard Biz Gets OK To Fight To Opt Back Into UPC System
Billboard advertising firm Aim Sport can have another chance to challenge a ruling by the Unified Patents Court, which held that its decision to opt out of Europe's umbrella patents court system is permanent and cannot be revoked, the UPC ruled Friday.
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April 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.
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April 26, 2024
HSBC Recruiter Can't Bring Claim Over 'Eye-Rolling' Boss
A former HSBC recruiter with an obsessive-compulsive disorder can't sue the bank for disability bias over his manager's eye-rolling after a tribunal ruled the claim was brought too late.
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April 26, 2024
Petrol Mogul Says Subsidiary Liable For $7M Baker Botts Fees
An Egyptian energy tycoon has denied allegations in a London court that he owes Baker Botts LLP almost $7 million in fees for two of his petrochemical companies, arguing that a partner at the law firm said his company would not be liable for the costs of its subsidiaries.
Expert Analysis
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Key Findings From Law Commission Review Of Arbitration Act
The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.
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Bitcoin Case Highlights Advanced Age Of UK's IP Law
An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.
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Accountability Is Key To Preventing Miscarriages Of Justice
The wrongful conviction of Andrew Malkinson and other recent cases show that in order to avoid future miscarriages of justice, there needs to be a fundamental reevaluation of how investigators, prosecutors and the Criminal Cases Review Commission operate, prioritizing stronger penalties and increased funding, say Thomas Walford at Expert Evidence International and policy analyst Gerald Frost.
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UN Code Likely To Promote Good Arbitration Practices
The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.
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6 Key Factors For Successful Cross-Border Dispute Mediation
The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.
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EU Ruling Highlights Strategic Benefits Of Patent Appeals
The European Patent Office board of appeal recently reversed the examining board's ruling in an application by LG Electronics, highlighting how applicants struggling to escape conflicting objection traps at the examination level can improve their chances of a positive outcome with an appeal, says Andrew Rudhall at Haseltine Lake.
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UK Tech Cases Warn Of Liability Clause Drafting Pitfalls
The recent U.K. High Court cases Drax Energy Solutions v. Wipro and EE v. Virgin Mobile Telecoms indicate a more literal judicial approach to construing limitations of liability, even when this significantly limits a claimant's recoverable damages, highlighting the importance of carefully drafted liability provisions, say Helen Armstrong and Tania Williams at RPC.
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Series
In A 'Barbie' World: Boosting IP Value With Publicity Machines
Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
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EU Directive Implementation Facilitates Class Action Shift
Lawyers at Faegre Drinker discuss the increase in class and consumer action filings leading up to the implementation of the EU's Collective Redress Directive, and predict that certain aspects of the directive will result in a pro-claimant landscape that may mirror that of the U.S. and other common law countries.
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Swiss Privacy Law Reforms Present Divergences From GDPR
The differences between Switzerland’s recently reformed Federal Act on Data Protection and the EU's General Data Protection Regulation, particularly around data breach reporting and the liability of company officers, will need to be carefully managed by multinationals that may have competing obligations under different laws, say Kim Roberts and Vanessa Alarcon Duvanel at King & Spalding.
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EU Antitrust Rules Set To Pose Challenges To US Businesses
With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.
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Navigating The Rising Threat Of Greenwashing Enforcement
Recent high-profile cases before the Danish Consumer Ombudsman are a signal that authorities are ready to take robust action against greenwashing, and with a likely increase in the stringency of laws and severity of penalties, it is vital that businesses promoting their sustainable credentials do so in a compliant manner, says Lars Karnøe at Potter Clarkson.
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New Legislation May Not Be Needed For Recovery Of Crypto
The recent seizure of cryptocurrency under a civil recovery order raises the issue of whether extended powers under the forthcoming Economic Crime Bill are necessary, with the ability to seize crypto-related items that may be the subject of a search order more likely to be of assistance, says Nicola McKinney at Quillon Law.
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Opinion
Russia Ruling Should Lead UK To Review Sanctions Policy
The High Court's recent dismissal of the first-ever court challenge to Russian sanctions in Shvidler v. Secretary of State sets a demanding standard for overturning designation decisions, highlighting the need for an independent review of the Russia sanctions regime, says Helen Taylor at Spotlight on Corruption.
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UPC Revocation Actions Offer An Attractive Patent Strategy
As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.