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Commercial Litigation UK
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September 10, 2024
Symbion Claims 'Serious Defects' In Power Plant Arbitration
A U.S. power engineering company has urged a New York federal court to rip up an arbitral award issued over a sourced project in Madagascar, arguing that the process was tainted by "a myriad of serious defects" that led to an unfair decision.
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September 10, 2024
Middle Temple Beats Catering Head's Unfair Dismissal Claim
The former head of catering at one of London's four inns of court has failed in his unfair dismissal claim, as a tribunal found on Tuesday that the professional association for barristers had treated him fairly during the redundancy process.
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September 10, 2024
Cult Gaia Importer Beats Champagne Bid To Bar Dress Sales
A Dutch importer of Cult Gaia dresses has seen off a bid from a body representing the Champagne region's interests to bar it from selling "champagne" colored dresses after a court ruled it was clear it had no connection to the sparkling wine.
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September 10, 2024
Cypriot Cheesemakers Lose Challenge To 'Grilloumi' TM
A group of Cypriot halloumi producers has lost its attempt to overturn a decision that allowed a Swedish cheesemaker to register its "Grilloumi" and "Grilloumaki" trademarks in the U.K., as a London court ruled the marks are sufficiently different.
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September 10, 2024
YMCA Manager Wins Quitting Claim After Dispute Over Printer
A night manager at the YMCA was forced to quit after she was disciplined for printing out her son's exam practice papers at work — but her support for a colleague's dispute did not influence the actions of the association, an employment tribunal has ruled.
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September 10, 2024
Investors Sue Broker For Assisting $129M Forex Fraud
A group of investors who lost tens of millions of dollars in a fraudulent foreign exchange scheme have sued a London broker for approximately $43 million for allegedly providing credit for the company to trade through brokerage accounts which perpetuated the fraud.
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September 10, 2024
Ex-Barclays VP Loses Bid To Retry Lost Promotion Claim
An attempt by a former Barclays vice president to revive her claim that she faced racial discrimination during a promotion round has failed, as an employment tribunal ruled that she was merely trying to "have another bite at the cherry."
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September 10, 2024
Bolt Drivers Gear Up For Group Claim Over Workers' Rights
More than 12,500 Bolt drivers will argue at an employment tribunal on Wednesday that they deserve worker status, as the ride-hailing app becomes the latest company to face group action from gig economy workers fighting for better pay conditions.
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September 10, 2024
Apple Illegally Obtained €13B In State Aid, Top EU Court Rules
The European Union's highest court ruled on Tuesday that Ireland illegally granted Apple state aid in past tax rulings, requiring the U.S. technology giant to repay €13 billion ($14.3 billion) in back taxes as well as interest.
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September 10, 2024
Top EU Court Upholds €2.4B Google Shopping Fine
The European Court of Justice rejected an appeal from Google on Tuesday challenging a €2.4 billion ($2.7 billion) fine for steering users toward its own comparison shopping service, as the tech giant faces mounting pressure from antitrust enforcers at home and abroad.
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September 09, 2024
Spain Hit With $18B Claim Over Massive Malaysia Award
Spain is facing an $18 billion claim asserted by a group of Filipinos who accuse the country of stymying their efforts to enforce a $14.9 billion arbitral award against Malaysia, which they won following a land use dispute over a portion of territory along the northern coast of Borneo.
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September 09, 2024
Lucasfilm Can't Avoid Trial Over CGI Cushing In 'Rogue One'
Lucasfilm lost its appeal Monday in its attempt to avoid a trial over a London film company's claim that the entertainment giant had unlawfully benefited from a CGI depiction of the late actor Peter Cushing in a "Star Wars" film it didn't have the right to make.
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September 09, 2024
Asda Faces 60,000 Claims In Largest-Ever Equal Pay Case
A group of retail workers for the Asda supermarket chain urged a tribunal Monday to find that their work is of equal value to warehouse employees, in the opening of the U.K.'s largest-ever private sector equal pay claim.
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September 09, 2024
Broker Denies Botching Cover In £1.3M Parsley Payment Row
An insurance broker has said it is not liable for nearly £1.3 million ($1.7 million) claimed by an herbs and spice producer for allegedly organizing inadequate cover that the business said left it short after a fire broke out at its facility.
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September 09, 2024
Borough Must Pay £4.5M To Director With Grenfell Fire PTSD
An employment tribunal has ordered a London borough to pay £4.5 million ($5.9 million) for harassing and discriminating against a director who suffered secondary post-traumatic stress disorder from work linked to the Grenfell Tower fire.
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September 09, 2024
Millicom Denies Ignoring Staffer's Assassination Plot Claim
Millicom denied claims at a London employment tribunal on Monday that it took no action on allegations that its Tanzanian subsidiary illegally gave the country's government a political opponent's mobile phone location data before a suspected assassination attempt.
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September 09, 2024
Delivery Co. Must Pay £46K To Fire Safety Whistleblower
A former senior manager at a delivery company has won £46,100 ($60,300) after a tribunal ruled that his employer pushed him to quit by failing to probe his fire safety concerns over the rechargeable batteries on courier bikes.
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September 06, 2024
Apple Wins Sex Bias Case Over Remote Work Refusal
Apple defeated claims that it discriminated against a female Spanish employee by ordering her to return to her London-based role as part of a post-pandemic policy, an employment tribunal has ruled.
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September 13, 2024
WilmerHale, Hanotiau Duo Launch New Arbitration Boutique
Two international arbitrators from WilmerHale and Hanotiau & van den Berg have left their previous firms after near-20-year stints to set up their own boutique practice.
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September 06, 2024
Talent Agent Denies 'Luring' Clients With Online Model's TM
A U.K.-based talent manager has denied allegations that he used the trademark of a rival's Instagram model as fake bait to lure others into signing management contracts.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Disabled Police Officer Wins Harassment Case
An employment tribunal has ruled that the Lancashire police force discriminated against an officer with post-traumatic stress disorder and failed to support her remote work requests when her commute increased by nearly two hours.
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September 06, 2024
Magnate Can't Stop Sale Of Airline Shares In €50M Dispute
A company with links to aviation magnate German Efromovich on Friday failed to get an order restraining the chairman of Aeroitalia SRL from selling the assets of the budget carrier pending the determination of a €50 million ($55 million) dispute.
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September 06, 2024
Swiss Oil Trader Wins Pause Of Wholesaler's Abuja Claims
A Swiss oil trader won an interim court order Friday to prevent a Nigerian company from pursuing civil claims in the West African country over an alleged fraudulent scheme to misappropriate its cargo or proceeds arising out of a diesel fuel deal.
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September 06, 2024
Finance Co. Beats Would-Be CEO's Whistleblowing Claim
A U.K. finance company sacked its would-be chief executive because he lacked the experience and skills for the role — not because he had flagged alleged compliance breaches, a tribunal has ruled.
Expert Analysis
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What Venezuelan Gold Fight Means For UK One Voice Doctrine
The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.
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The Importance Of A Proactive Approach To Workplace Safety
Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.
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How Conflict Management Can Prevent Arbitration Disputes
Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.
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Loot Box Regulation In Europe Could Benefit From Reform
In light of recent court rulings concerning video game loot boxes, authorities across Europe are taking increasing note of this mechanism, yet with a coordinated approach, appropriate regulations and a focus on enforcement, there is no need to issue a ban, say Elia Kim and Hazal Kirci at Simmons & Simmons.
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Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.
In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.
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Why Workplace Menstruation And Menopause Support Matters
The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.
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Pension Trustee Case Could Lead To Fossil Fuels Divestment
While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.
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Outbound Screening May Be Next EU Investment Control Step
Following the European Commission’s recent commitment to reduce dependence on third countries by developing an outbound investment review mechanism, it will be interesting to see whether member states will take a united stand or whether national security interests will trump such an approach, say Christoph Barth and Neil Hoolihan at Linklaters.
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Barclays Ruling Narrows Banks' Fraud Recovery Duty
The U.K. Supreme Court's recent ruling in Philipp v. Barclays decided against the so-called Quincecare duty's application in authorized push payment fraud, shining light on how banks should balance their responsibility to follow customers' instructions against making reasonable inquiries, say lawyers at Ontier.
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EU Decision Adds To Growing Right Of Access Case Law
The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.
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How The Law Must Change To Accommodate Digital Assets
The Law Commission's recent report shows that the common law of England and Wales is well suited to adapt to digital assets, and with targeted statutory reform to unlock the possibility of recognizing property in intangible things, the U.K. can become an ideal hub for parties to transact with emerging technology, says Sarah Green at the commission.
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Copyright Trial Defense Tips From 'Thinking Out Loud' Case
The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.
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UK Tribunal Ruling Sheds Light On Workplace Speech Issues
The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.
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Leading THC Case Lends Support To UK Legalization Debates
Even though the Court of Appeal's ruling in R v. Margiotta on legally importing and supplying low THC cannabis cannot be relied on post-Brexit, it provides powerful arguments for the legalization of supply in low THC cannabis, including the fact the product is not considered a narcotic drug, say Robert Jappie at Fieldfisher and Josh Normanton at Trinity Chambers.
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Employment Tribunal Data Offers Workplace Practice Insights
A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.