Commercial Litigation UK

  • February 21, 2025

    Saudi Royal Wins Bid To Access Ex-Linklaters Pro's Accounts

    A judge gave the green light Friday to a Saudi Arabian princess to ask eight banks to hand over information about the accounts of a former Linklaters partner who has failed to pay £40 million ($50 million) in judgment debt despite court orders.

  • February 21, 2025

    Vatican Was 'Utterly Let Down' By Financier In Property Deal

    The Vatican was "utterly let down" by an Italian financier who did not act in good faith in a failed €350 million ($366 million) property deal, a London court ruled on Friday, although it rejected allegations he had conspired to defraud the state.

  • February 21, 2025

    Ex-Walker Morris Pro Wins Bias Case Over Retirement Policy

    Walker Morris LLP unlawfully discriminated against a 63-year-old senior partner by enforcing a mandatory retirement policy and ending his partnership in the law firm, an employment tribunal has ruled.

  • February 21, 2025

    Stellantis Loses €770M Auto Parts Cartel Claim

    The Competition Appeal Tribunal dismissed on Friday a €770 million ($805 million) claim brought by Peugeot and other car manufacturers after they failed to show how a European car safety parts cartel caused them to pay higher prices.

  • February 21, 2025

    Tesco Follows Rivals With Salmon Farmer Competition Claim

    Tesco Stores Ltd. has brought a competition claim in London against a group of salmon producers that are also embroiled in a £675 million ($854 million) cartel claim from several other retailers in the U.K.

  • February 21, 2025

    Insurers Win Landmark Case On COVID Furlough Deductions

    Insurers have won the right to deduct the value of government financial support to businesses during the COVID-19 pandemic from however much they can claim against their policies, as an appeals court handed down a landmark judgment on Friday.

  • February 21, 2025

    Mastercard Wins Green Light For £200M Swipe Fee Settlement

    The Competition Appeal Tribunal said Friday it would approve a £200 million ($250 million) settlement between Mastercard and Walter Merricks to end litigation over credit card fees, despite "some concerns about how the matter was dealt with" in the lead-up to the deal being reached. 

  • February 21, 2025

    Ex-Dechert GC Subpoenaed Over Gerrard Abuse Claims

    An imprisoned Jordanian lawyer can subpoena the former general counsel of Dechert LLP over what the leadership of the law firm knew of alleged human rights abuses committed by a former partner in the United Arab Emirates, a U.S. federal judge has ruled.

  • February 20, 2025

    V&A Wrongly Sacked Depressed Staffer After Clashes With Ex

    An employment tribunal has ruled that the operator of Victoria and Albert Museum in London unfairly fired a technician accused of stalking a fellow employee she had been dating because it failed to consider how her depression or autism might have caused her conduct.

  • February 20, 2025

    Actor Fights To Add Conspiracy Claim To Guardian Libel Case

    Actor Noel Clarke on Thursday fought to add six people to his libel battle against The Guardian newspaper over articles about allegations he was a sexual predator, arguing he should be allowed to try to claim they conspired to destroy his reputation.

  • February 20, 2025

    Ex-FCA Supervisor Can Widen Harassment Case Appeal

    A London appeals court allowed a former supervisor at the U.K.'s financial watchdog to expand his attempt to revive his unfair dismissal claim Thursday, ruling that several grounds that had been previously dismissed should continue to a full hearing.

  • February 20, 2025

    Gambling Watchdog Denies Publication Hurt Ex-Entain Execs

    The Gambling Commission has denied that it caused two former top executives at the predecessor of betting giant Entain "unquantifiable" harm by publishing information relating to potential bribery.

  • February 20, 2025

    Conflicts Should Block Mastercard Settlement, Innsworth Says

    Litigation-funder Innsworth told the Competition Appeal Tribunal on Thursday that the negotiating process behind a £200 million ($250 million) settlement to end a mass claim against Mastercard has created conflicts of interest which mean the deal should be refused. 

  • February 20, 2025

    Justices Hand Creditors Boost In Hunt For Fraudulent Assets

    Britain's top court has broadened the ability of judges to claw back assets on behalf of defrauded creditors in a decision that lawyers say may also catch benign commercial arrangements.

  • February 20, 2025

    Sony Wins Costs After Staffer Spurned £275K Bias Settlement

    A judge has ordered a former Sony PlayStation accountant to pay the technology company £20,000 ($25,200) in costs after she rejected a £275,000 offer to settle her "misconceived" discrimination claims that eventually fell flat.

  • February 20, 2025

    Job Applicants Don't Need Whistleblowing Rights, UK Argues

    The government argued on Thursday that it is "perfectly justified" that job applicants do not benefit from the same whistleblowing rights as workers as it responded to a woman's attempt to convince the Court of Appeal to extend legal protection to her.

  • February 20, 2025

    Vape Distributor Argues Rival's 'Vape Stop' TM Is Descriptive  

    A vape distributor has fought back against a rival's claims that it was taking advantage of more reputable "Vape Stop" signs to steal potential customers, arguing that the mark was descriptive and fair game for others. 

  • February 19, 2025

    Gov't Unfairly Fired Whistleblower On Afghanistan Exit

    A civil servant has won a landmark unfair dismissal case after losing her job following a BBC Newsnight interview about the "chaotic" evacuation of Afghan citizens during NATO's withdrawal. 

  • February 19, 2025

    Education Co.'s Claim Aims To Stifle Rival, Ex-Worker Says

    A senior software developer has denied claims that he enticed customers away from his former employer using tech updates that made it easier for customers to switch providers, arguing that the true purpose of the allegation against him is to "stifle lawful competition."

  • February 19, 2025

    Law Prof Can't Revive £500M Apple, Amazon Class Action

    A law professor lost a bid to revive her nearly £500 million ($628 million) price-fixing class action against Apple and Amazon on Wednesday, with a U.K. competition tribunal reiterating that she was not independent enough to bring the case.

  • February 19, 2025

    School OK To Fire Worker For Voicing Anti-Abortion Views

    A teaching assistant has lost his religious discrimination claim against a school that fired him for openly sharing his opposition to same-sex marriage and abortion, with a tribunal ruling that the institution had to protect its reputation.

  • February 19, 2025

    Tether Co. Claims Crypto Trader Is Withholding Wallets

    A Tether company has accused a former business partner in Tasmanian Bitcoin mining investments of withholding cryptowallets and roughly $5 million in tokens and cash after relationships turned sour.

  • February 19, 2025

    Arms Biz Can Get Libya's Property In £16M Arbitration Row

    Libya cannot stop a British defense conglomerate from getting proceeds from the sale of a London property that once belonged to the family of Moammar Gadhafi to enforce a £16.1 million ($20.3 million) arbitration award, after an appeals court found Wednesday that it had waived its state immunity.

  • February 19, 2025

    Job Applicant Fights For Whistleblowing Rights In Appeal

    An external job applicant to an English council fought Wednesday for status to sue as a whistleblower, arguing at the Court of Appeal that her case falls "squarely within the employment field."

  • February 19, 2025

    Mastercard Deal Does Not Need To Be Perfect, Tribunal Told

    Mastercard's £200 million ($250 million) agreement with Walter Merricks "does not have to be perfect" to get approval from the Competition Appeal Tribunal, lawyers for both sides argued on Wednesday in the court's first hearing in a contested class action settlement.

Expert Analysis

  • Irish Businesses Should Act Now To Prepare For EU AI Act

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    Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.

  • Takeaways From World Uyghur Congress Forced Labor Ruling

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    The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.

  • Emissions And Extraction: Unpacking The Finch Ruling

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    In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.

  • 10 Ways To Manage AI Risks In Service Contracts

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    With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.

  • Unpacking The New Concept Of 'Trading Misfeasance'

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    In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.

  • Don't Wing Settlements: Lessons From Morley's TM Ruling

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    In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.

  • Analyzing The Merits Threshold In Interim Injunction Ruling

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    In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.

  • Use Or Lose It: European TM Ruling Stresses 'Genuine Use'

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    The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.

  • Decoding Plans To Simplify The Transfer Of Undertakings Law

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    The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

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    Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

  • Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims

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    In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.

  • Employer Lessons From Teacher's Menopause Bias Win

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    A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.

  • Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

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    In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.

  • What UK Digital Markets Act Will Mean For Competition Law

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    The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.

  • UK Supreme Court Confirms Limits To Arbitration Act Appeals

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    Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.

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