Try our Advanced Search for more refined results
Commercial Litigation UK
-
October 02, 2024
FCA Wins Appeal In $700M BlueCrest Investor Redress Case
The Financial Conduct Authority can resume its bid to impose a redress scheme of more than $700 million for investors of hedge fund BlueCrest Capital Management, an appeals court said Wednesday, ruling that a tribunal wrongly held that the regulator did not have that power.
-
October 02, 2024
'YouTube Shorts' Hurts Image Of Short Films, Distributor Says
Google has damaged the descriptive brand of short films by leading consumers to associate them with the tech giant's 'YouTube Shorts' video platform, international film distributor ShortsTV said Wednesday on the first day of a London trial accusing the tech giant of infringing ShortsTV's trademarks.
-
October 02, 2024
Lawyers Fail To Overturn EU Ban On Legal Services To Russia
The European General Court on Wednesday dismissed an attempt by French and Belgian lawyers to overturn prohibitions on providing legal advice to Russia, clarifying that the ban only applies when the advice has no link to judicial proceedings.
-
October 02, 2024
'Petsure' Name Infringes 'Vetsure' TM, Appeals Court Says
A pet insurance company has convinced an appeals court that shoppers would likely confuse its "Vetsure" trademark with its rival's "Petsure" name, given the conceptual similarity between the two.
-
October 09, 2024
Shoosmiths Adds Privacy & Data Partner From BCLP
Shoosmiths LLP has hired a new partner to its privacy and data unit in London from Bryan Cave Leighton Paisner LLP, with the new arrival saying Wednesday that an immediate rapport with Shoosmiths' partners led her to jump ship.
-
October 02, 2024
Christian School Worker Appeals Firing For Anti-LGBT Posts
A Christian teaching assistant who was sacked for sharing anti-LGBT posts online asked an appeals court on Wednesday to rule that she was discriminated against for her religious beliefs, because there was "no justification" for interfering with her free speech.,
-
October 02, 2024
Uni Loses Appeal Over Physics Lecturer's Unfair Dismissal
An appeals judge has refused to overturn a decision that a university unfairly axed a lecturer after a second student complained about her conduct, ruling that a lower tribunal was entitled to deem the dismissal unreasonable.
-
October 02, 2024
AerCap Battles Insurers Over Stranded Jets As Trial Begins
There is "no scope" for major insurers to refuse billion-dollar claims for planes seized by Russian airlines, lawyers for major lessor Aercap told the High Court on Wednesday on the first day of a trial that is likely to be a test case for other claims.
-
October 02, 2024
Sheikh Can't Shake Enforcement Of Bros' $718M Inheritance
The son of an Emirati royal accused of embezzling more than $1 billion from his dead father cannot stop his brothers from seeking to enforce a UAE judgment in England that orders him to pay them about 2.6 billion dirham ($718 million) as part of their "legitimate share" of the inheritance.
-
October 02, 2024
Quinn Emanuel Says It Can't Give Source Of Deripaska Report
Quinn Emanuel Urquhart & Sullivan LLP told a court Wednesday that the source of a report suggesting that Russian industrialist Oleg Deripaska misled arbitrators during a dispute with a former business partner was privileged information.
-
October 02, 2024
Huawei Hits Back At MediaTek CopyCat Claims
Huawei has urged a London court to nix chip developer MediaTek's wireless patents because they aren't necessary to implement 4G and 5G standards, in a move to block its Taiwanese rival's infringement claims.
-
October 02, 2024
German Lock-Maker To Pay £61K For Ousting UK Boss
An employment tribunal has ordered a German lock manufacturer to pay £61,600 ($82,000) for firing the manager of its U.K. operations after ruling that bosses had made up their minds without following the proper procedure.
-
October 01, 2024
Ireland Eyes Infrastructure With €14B From ECJ Apple Case
The Irish government is aiming to build infrastructure with the €14.1 billion ($15.6 billion) in corporate tax payments due from Apple Inc. following a European Court of Justice ruling that Ireland granted Apple illegal state aid, officials said Tuesday in announcing next year's budget.
-
October 01, 2024
Navy To Face Diversity Adviser's Sexual Harassment Claim
A Navy diversity adviser revived a range of sexual harassment and bias claims against the U.K. government, after an employment tribunal ruled that it had the right to re-hear complaints the army had rejected.
-
October 01, 2024
Westfield Denies Infringing Clearpay IP In Partnership Dispute
Shopping giant Westfield has returned fire in a battle with Clearpay Finance Ltd. over a collapsed partnership, with the shopping center company denying infringing the credit business's intellectual property by continuing to show Clearpay advertisements in its centers.
-
October 01, 2024
YouTube Heads To Court To Defend Right To 'Shorts' Name
A London court will convene Wednesday to consider whether YouTube's Shorts branding infringes a short film channel's intellectual property, in an argument over whether the word "shorts" has become customary in the media landscape.
-
October 01, 2024
Investors Settle Wirecard Fraud Case With Transfer Provider
Two businessmen have settled claims worth €33 million ($36.5 million) brought by investors who alleged the pair duped them into selling their stake in a money transfer provider for a pittance before the company was sold on to payments giant Wirecard for many times the price.
-
October 01, 2024
McFaddens Dodges Client's Late Claim Over Loan Advice
A court said Tuesday that a City of London law firm can sidestep a client's claim that she received negligent advice over a loan, ruling that there was no good reason for her filing key details of the claim too late.
-
October 01, 2024
Ex-Police Officer Denies Seeking Probe Against NI Lawyers
A senior English police officer denied at a tribunal Tuesday of attempting to make Northern Ireland's legal regulator take action against journalists' legal counsel over litigation connected to his investigation into leaked information about alleged collusion by the local police with terrorists.
-
October 01, 2024
Stellantis Accuses Car Part Makers Of Cartel In €770M Trial
Peugeot and other car manufacturers told Britain's Competition Appeal Tribunal Tuesday that auto parts makers colluded to artificially drive up prices of car safety components, in the opening of a €770 million ($925 million) trial.
-
October 01, 2024
Insurers Set For Mega-Trial Over 'Lost' Planes Stuck In Russia
A multibillion-dollar trial between the biggest aircraft lessors in the world and their insurers over hundreds of planes stranded in Russia kicks off in London on Wednesday in a case that could have wide ramifications for the insurance and reinsurance sector.
-
October 01, 2024
Lloyd's Says Forgery Sinks Claim Over Ship Struck In Ukraine
Lloyd's of London's Belgian unit has denied owing a wealth advisory business $3.7 million to cover alleged losses after a ship was struck by a mine, claiming the vessel at the time was trading in Ukrainian waters so it wasn't covered under the insurance policy.
-
October 01, 2024
Crypto Developers Take Aim At 'Patent Trolls' In New Deal
A cryptocurrency collective said Tuesday it has inked a deal with Unified Patents to help stop "patent trolls" from registering intellectual property that risks hampering blockchain innovation.
-
October 01, 2024
Axiom Ince Ex-Staffer Wins £5K For Constructive Dismissal
Axiom Ince Ltd. must pay a former employee £5,400 ($7,200) after it forced him out of the door before the firm collapsed, a tribunal held in a ruling released Tuesday.
-
September 30, 2024
DC Circ. NextEra Decision Leaves Door Open For Further Args
The D.C. Circuit effectively kicked the can down the road in August when it nixed Spain's jurisdictional objections in litigation to enforce some $395 million in arbitral awards while declining to issue a merits decision, setting up an enforcement battle that could turn on the underlying arbitration regime.
Expert Analysis
-
What UK Energy Charter Treaty Exit Would Mean For Investors
While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.
-
What To Know About The Russia-Stranded Plane Ruling
The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.
-
Uber Payout Offers Employer Lessons On Mitigating Bias
Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.
-
Apple Ruling Offers Morsel Of Certainty On Litigation Funding
An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.
-
Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
-
Opinion
Employment Tribunal Fees Risk Reducing Access To Justice
Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.
-
Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection
Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.
-
EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
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
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
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
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
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
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
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
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.