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Commercial Litigation UK
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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October 11, 2024
Waste Co. Directors Hit Back At Energy Biz Buyer For £5.4M
The directors of a waste management company have hit back with a £5.4 million ($7.1 million) counterclaim against a business that acquired their food waste processing plant, accusing the buyer of diverting waste away from the operation to minimize performance-based payments.
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October 11, 2024
Coca-Cola Driver Wins Bias Appeal Over Blackout Disorder
A tribunal wrongly held that a Coca-Cola truck driver's coughing condition, which causes him to black out, did not render him disabled for the purpose of his claim of disability discrimination, a London appeals judge has ruled.
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October 10, 2024
Miner Liable To PE Firm Over Axed $1B Brazilian Mine Deal
South African miner Sibanye-Stillwater is liable to pay damages to private equity firm Appian Capital Advisory LLP for withdrawing from a $1 billion deal to buy two Brazilian copper and nickel mines, a London court ruled Thursday.
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October 10, 2024
UK Exit Taxes OK When Paid Over Time, Upper Tribunal Says
An exit tax on U.K. trusts leaving the country pre-Brexit interfered with their European Union right to free movement of capital, but is brought into compliance if trusts can pay the tax over at least a five-year period, the Upper Tribunal ruled.
Expert Analysis
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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Should Arbitrators Do More To Encourage Settlements?
In light of discussions on settlement in arbitration, there is a consensus that arbitrators in English-seated proceedings should play a greater role, but determining the extent of that involvement is difficult, as arbitrators can inadvertently place themselves in a position of potential conflict, say lawyers at Dentons.
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Irish Businesses Should Act Now To Prepare For EU AI Act
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.
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Takeaways From World Uyghur Congress Forced Labor Ruling
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.
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Emissions And Extraction: Unpacking The Finch Ruling
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.
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10 Ways To Manage AI Risks In Service Contracts
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.
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Unpacking The New Concept Of 'Trading Misfeasance'
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.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
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.
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Analyzing The Merits Threshold In Interim Injunction Ruling
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.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
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.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
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.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
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.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
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.
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Employer Lessons From Teacher's Menopause Bias Win
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.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
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.