Commercial Litigation UK

  • October 15, 2024

    Lidl Asks Court For Damages In Clubcard Infringement Case

    Lidl has launched a bid to claw back alleged losses from Tesco over the branding of its loyalty pricing program, after a London court ruled that the Clubcard logo of the U.K. retail giant infringed the German discounter's trademark.

  • October 15, 2024

    ENRC Settlement Shows SFO Ready To Draw Line Under Past

    The Serious Fraud Office's recent settlement ending litigation with Eurasian Natural Resources Corp. over alleged misconduct by its officials sidesteps weeks of awkward testimony to free the agency to pursue its growing caseload while drawing another line under its blighted investigation into the miner.

  • October 15, 2024

    Barclays Challenges UK Motor Finance Ruling In Test Case

    Barclays launched a legal challenge Tuesday against a decision that found it had treated a consumer unfairly by paying a commission to a car finance broker, in a test case with potential implications for future complaints over motor financing arrangements.

  • October 14, 2024

    RAF Officer Can't Challenge Military Complaints Process

    The Ministry of Defence won its bid on Monday to block claims by a squadron leader that it mishandled her sex discrimination and harassment allegations, after an appellate judge ruled that employment tribunals could not hear a challenge to the military's internal complaints process.

  • October 14, 2024

    Lloyd's Insurers Reject £43M Claim Over Solar Station Flaws

    Seven Lloyd's of London underwriters have denied that they are liable for £43.3 million ($56.5 million) sought by two companies over losses that stem from deals to buy solar generating stations, saying the businesses were aware of the problems with the sites they acquired. 

  • October 14, 2024

    Ex-Director Hits Back At Simply Natural 'Hostile' TM Claim

    A former director of Simply Naturals has denied signing a deal that transferred trademarks he owned for "Sizzling Minerals" over to the vitamin company, claiming that he is the target of a "hostile campaign" waged by two of its current directors.

  • October 14, 2024

    Eye Doc Can't Claim Whistleblowing Led To Unfair Treatment

    An employment tribunal has dismissed an orthoptist's claims that a hospital treated her unfairly after she raised concerns about poor care of patients, because the information she revealed did not amount to whistleblowing.

  • October 21, 2024

    Covington Hires ICO's General Counsel For London Office

    Covington & Burling LLP has recruited the head of the legal service at the Information Commissioner's Office to join its competition team in London amid growing challenges for clients that operate in digital markets.

  • October 14, 2024

    Employee Sacked Over Alleged Aggressive Email Wins Claim

    An administrative manager at a one-on-one education service has won almost £10,000 ($13,000) after a tribunal found that her boss did not follow protocol to fire her after she sent an allegedly aggressive and intimidating email to a colleague.

  • October 14, 2024

    New Sexual Harassment Law To Alter Work Safety For Good

    Employers must assess the risk that staff will be sexually harassed and ensure they have preventative policies and procedures in place as they prepare for an incoming duty which, lawyers say, will be a watershed in workplace health and safety provision.

  • October 14, 2024

    Toy Co. Founder Denies Copying Bratz Doll Maker's Design

    The founder of a toy company denied on Monday that his product was a copy of "LOL Surprise" dolls by MGA Entertainment Inc. as he accused the Bratz maker giant of killing his product with baseless patent infringement claims.

  • October 14, 2024

    African Bank Sues Engineering Biz For $111M In Unpaid Debt

    One of Africa's largest trade banks has sued Kaztec Engineering Ltd. for $111 million, accusing the Nigerian business of failing to pay back a loan it used to acquire oil assets in the country.

  • October 14, 2024

    Photo Print Co. Denies Infringing Nail-Free Frame Patent

    The company behind a photo printing app has hit back at allegations that it is selling a copycat version of a sticky-back picture frame which is protected by patent, alleging that the rival design does not meet the criteria for such protection.

  • October 14, 2024

    Rockhopper Insures Against Italy Annulling €190M Award

    British energy company Rockhopper Exploration PLC said Monday that it has penned an insurance policy to cover the potential annulment of the €190 million ($207 million) arbitral award it won against Italy after the country banned oil and gas projects off its coastline.

  • October 14, 2024

    Quinn Emanuel Must ID Source Of Forged Deripaska Report

    Quinn Emanuel must reveal the source of the middleman that provided it with a forged report suggesting that Russian industrialist Oleg Deripaska misled arbitrators during a dispute with a former business partner, a judge ruled on Monday. 

  • October 14, 2024

    Nigerians Win Appeal Over All-Or-Nothing Shell Oil Spill Claim

    The Court of Appeal has lowered the bar for two Nigerian communities seeking to hold Shell responsible for environmental damage, ruling that residents do not have to prove that the company is to blame for all the oil spills in the region.

  • October 11, 2024

    Sandoz Gets Biogen Neurological Treatment Patent Tossed

    A London court on Friday tossed Biogen MA Inc.'s patent underpinning its method of assessing whether a rare neurological disorder was valid, following a series of challenges from rival Sandoz.

  • October 11, 2024

    Robertson Pugh Boosts Sanctions Offering With MoFo Hire

    Boutique law firm Robertson Pugh Associates LLP has hired a sanctions expert as a consultant, a move that comes at a time of intense demand to manage the risks of global conflicts, the former Morrison Foerster LLP partner told Law360.

  • October 11, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.

  • October 11, 2024

    Courier Biz Rebukes EasyGroup TM Claim Over 'EasyCargo'

    Courier price comparison website EasyCargo has told a London court that its company trademark does not infringe two of easyGroup's trademarks, after the easyJet owner launched its latest bid to stop what it calls "brand thieves."

  • October 11, 2024

    Day 1 Unfair Dismissal Right Risks Diversity And Justice Aims

    Abolishing the two-year qualifying period to bring an unfair dismissal claim will trigger an impossible deluge of tribunal cases and a more cautious approach to recruitment that risks turning back the clock on diversity in the workforce, lawyers warned about the headline proposal in the Employment Rights Bill.

  • October 11, 2024

    Company Director Says £1M Payments Were Legit Expenses

    A former director of a supply chain company and his wife have hit back at allegations that they covertly authorized payments worth more than £1.2 million ($1.6 million) unconnected to its business, claiming that expenditure decisions were legitimately made at their discretion.

  • October 11, 2024

    Care Home Chef Unfairly Sacked After GDPR Breach

    An assistant chef has won her claim that her care home employer unfairly fired her for sending an email containing confidential information about a vulnerable resident — but failed to convince the tribunal that she faced discrimination and harassment from staff.

  • October 11, 2024

    Ex-Footballer Apologizes To TV Host For 'Bike Nonce' Posts

    Former professional footballer Joey Barton apologized to Jeremy Vine at a London court on Friday over an online posting campaign "of unprecedented scale and intensity," in which he labeled the media personality a "bike nonce," as he responded to the broadcaster's successful libel claim.

  • October 11, 2024

    Art Dealer's Ex-Wife Denies Liability For His Loan

    The former wife of Andrew Valmorbida, an art dealer to the stars who was involved in a multi-million dollar art fraud, has said she should not pay back an investment firm part of $33.4 million taken by her then-husband, arguing the business can pursue other assets first.

Expert Analysis

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • UK Arbitration Ruling Offers Tips On Quelling Bias Concerns

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    An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • UK Courts Continue To Struggle With Crypto-Asset Cases

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    Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.

  • Why Computer Evidence Is Not Always Reliable In Court

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    Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.

  • Employer Lessons From Ruling On Prof's Anti-Zionist Views

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    In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Unpacking The Law Commission's Digital Assets Consultation

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    The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.

  • 1st Appellate Ruling On Digital Terms Sets Tone For Disputes

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    The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • How Employers Should Respond To Flexible Work Requests

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    U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

  • What COVID Payout Ruling Means For Lockdown Loss Claims

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    While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.

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