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Commercial Litigation UK
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July 18, 2024
Royal Mail Denies Holding Monopoly Over UK Address Data
Royal Mail has denied a software developer's claim that it holds a monopoly over the market for updating U.K. addresses, arguing the service is not a distinct product to hold a dominant position in.
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July 18, 2024
Drax Power, Chubb Want $170K For Cargo Vessel Collision
British renewable energy company Drax Power Ltd. and insurer Chubb European Group SE have sued a Dutch shipping company for $170,000 after one of its ships allegedly caused "heavy damage" in a collision with a vessel carrying thousands of metric tons of wood pellets.
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July 18, 2024
Thom Browne Denies Competing With Adidas In Stripe Fight
Thom Browne told a court on Thursday that he did not use a four-stripe design on sportswear to compete with Adidas as he gave evidence in the trial of a multi-jurisdictional trademark dispute over the designs used by the two brands.
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July 18, 2024
GE Can't Claim Credit For £189M In Double Tax, Court Says
A U.K.-registered subsidiary of General Electric does not qualify for at least £189 million ($245 million) in double tax relief under a U.S.-U.K. treaty because it lacks a U.S. presence akin to a domicile, a London appellate court ruled.
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July 18, 2024
Post Office Execs 'Lied To Me,' Ed Davey Tells Inquiry
Ed Davey told an inquiry on Thursday into the miscarriage of justice at the Post Office that senior officials at mail service, including its former chief executive, "lied" to him about the IT system used to prosecute innocent people.
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July 18, 2024
Ryanair Disruption Claim Blocked By Law, Air Controller Says
U.K. airspace controller NATS has said the country's transport regulation blocks Ryanair from bringing its €5.3 million ($5.7 million) claim for losses suffered after a computer error disrupted around 1,300 of the airline's flights.
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July 18, 2024
Attorney General Puts Gerrard Contempt Case On Backburner
Britain's attorney general is not pursuing contempt of court proceedings "at this stage" against former Dechert partner Neil Gerrard for lying under oath while testifying about his work for mining company ENRC.
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July 17, 2024
Retired Couple Seek To Override Ex-Solicitor's Deceit Win
A financial advisor and his wife battled to reverse a ruling finding them liable to a former solicitor for his investment in a now-defunct forex trading scheme, arguing they had wrongly been found to be partners.
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July 17, 2024
Manager Forced Out Of Delivery Co. Over Fire Risk Concerns
An Employment Tribunal has ruled that a delivery company left a senior manager with no option but to leave after his employer refused to investigate his concerns that the delivery bikes' rechargeable batteries posed a serious fire hazard.
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July 17, 2024
Ex-Minister Admits Failing To See Post Office Injustice Sooner
A former junior business minister in place when the Post Office was fighting wrongly convicted subpostmasters in court told the government inquiry into the scandal on Wednesday that she "absolutely" should have recognized a possible injustice sooner.
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July 17, 2024
Qatari Fund Sues Sheikh Over Stalled 70-Carat Diamond Deal
A Qatari investment fund has accused a Sheikh of breaching a promise to sell it a 70-carat diamond, telling a London court that he cited the COVID-19 pandemic as a force majeure event allowing his family to avoid handing over the jewel.
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July 17, 2024
Kazakhstan Agrees To End Fight Over $506M Award
A decade-long fight between Kazakhstan and Moldovan oil and gas investors who won a half-billion-dollar arbitral award against the country has come to a close, with the parties inking a binding framework to resolve their dispute.
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July 17, 2024
Amlin Ducks Liability Over $47M Award On 'Pay First' Clause
A London court has ruled that MS Amlin Marine NV does not have to pay out to a company it insured, as that business has not yet paid a $47 million arbitration award it owes in damages over a vessel that grounded in the Solomon Islands.
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July 17, 2024
Italian Designer's Historic 'Belfe' TM Saved On Appeal
A European court upheld a historic Italian sportswear company's "Belfe" trademark Wednesday, finding there was ample proof that it had used the mark to sell thousands of clothing items despite a rival's claim the brand hadn't been using it.
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July 17, 2024
Labour Revives Arbitration Bill To Reform £2.5B Industry
The U.K. will introduce a new Arbitration Bill reviving legislation shelved in the runup to the election as part of plans to support the country's position as an international center for dispute resolution, the government said in the King's Speech on Wednesday.
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July 17, 2024
Thom Browne Says Adidas Hasn't Earned Stripes In TM Spat
New York fashion brand Thom Browne accused Adidas on Wednesday of trying to monopolize any use of a three-stripe design in clothing and footwear as a trial got underway in London over the multijurisdictional trademark dispute.
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July 17, 2024
TikTok Loses 1st Challenge Against EU Big Tech Law
TikTok lost its bid to escape European Union digital market rules on Wednesday, when the bloc's General Court found the social media platform's global market value shows the company has significant potential to make money from European users.
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July 17, 2024
Venom Vocalist Sues Bandmate For Copyright Infringement
Heavy-metal singer Conrad Lant has sued his former Venom band-mate, arguing that drummer Anthony Bray and a music distributor were infringing his copyright by selling merchandise stamped with his designs.
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July 16, 2024
Atty Seeks Protection From 'Swords Of Damocles' In $4B Fight
A private wealth solicitor fought Tuesday in a London court to remove "Swords of Damocles" hanging over him after he was appointed as the representative of a late Russian billionaire's estate in the latest chapter of a $1 billion dispute over the businessman's $3.7 billion fortune.
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July 16, 2024
Self-Styled Bitcoin Founder Could Face Criminal Prosecution
A London judge referred Craig Wright to prosecutors on Tuesday for potential perjury charges after concluding that the Australian computer scientist had repeatedly lied about inventing bitcoin for financial gain.
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July 16, 2024
Transgender Judge's Exit Illustrates Bench's Diversity Woes
The resignation of Victoria McCloud, Britain's only transgender judge, has opened up a debate over just how diverse the judiciary really is. She tells Law360 that "if you're a minority, and you're at risk of being vilified, the support simply isn't there."
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July 16, 2024
Bude Nathan Says Ex-Client Understood Joint Venture's Terms
Property solicitors Bude Nathan Iwanier LLP has claimed that an elderly former client the firm advised on a failed joint venture was an experienced property investor, denying accusations that it failed to warn him that the project was one-sided and dangerous.
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July 16, 2024
Nigerians Claim Right To Sue Leigh Day For Oil Spill Victims
A Nigerian argued to the High Court on Tuesday that he can sue Leigh Day for negligence on behalf of oil spill victims in his country after a judge refused to adjourn the trial for a second time over the claimants' lack of counsel.
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July 16, 2024
Lawyer Faces Tribunal Over 'Fraudulent' £1M Gov't Loan
The solicitors' watchdog accused a lawyer on Tuesday of entering into a fraudulent loan agreement when she allegedly falsely claimed that her corporate client had secured £1 million ($1.3 million) in private investment that was being held in her law firm's client account.
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July 16, 2024
Uber Loses Court Of Appeal Tussle Over Taxi Contracts
Private hire vehicle operators outside London do not need to contract directly with their customers to provide taxi services, a London appeals court has ruled, overturning a decision that threatened to abolish the agency business model.
Expert Analysis
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Major EU AI Banking Ruling Will Reverberate Across Sectors
Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.
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English Could Be The Future Language Of The UPC
While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.
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Arbitration Remains Attractive For Digital Disputes In 2024
Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.
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Key Employer Lessons From 2023 Neurodiversity Case Uptick
The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.
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A Look At 2023's Landmark Insolvency Developments
The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.
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Hague Judgments Treaty May Boost UK-EU Cooperation
The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.
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5 Key UK Employment Law Developments From 2023
Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.
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Emerging Trends From A Busy Climate Litigation Year
Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.
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Key 2024 Arbitration Trends In A Changing World
As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.
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2024 Will Be A Busy Year For Generative AI And IP Issues
In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
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Regulating Digital Platforms: What's Changing In EU And UK
Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.
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Dyson Decision Highlights Post-Brexit Forum Challenges
The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.
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9 Takeaways From The UPC's First 6 Months In Session
Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.
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How Boards Can Mitigate Privacy, Cybersecurity And AI Risks
In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.