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Commercial Litigation UK
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November 21, 2024
College Can't Get Costs After Cleaner's £20K Anxiety Bias Win
A tribunal has dashed a college's hopes of mitigating a cleaner's payout of £20,100 ($25,400) for disability discrimination, refusing to make her front the costs of her successful claim.
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November 20, 2024
Pfizer, Flynn Still Face Fines Over Epilepsy Drug Sale To NHS
Britain's competition tribunal issued a ruling Wednesday imposing £69 million ($87.2 million) in fines on Pfizer Ltd. and Flynn Pharma Ltd. for claims they overcharged for an epilepsy drug, after setting aside a decision from enforcers and finding its own violations.
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November 20, 2024
Worker Wins Appeal Of Bias Ruling That Ignored Her Evidence
An appellate judge ruled Wednesday that a former data archiver's claims against a city council deserved a re-hearing, because the original decision dismissing her case had completely ignored her version of events.
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November 20, 2024
Teacher Stern Breached Regs With Payments, SRA Alleges
The English solicitors regulator accused commercial firm Teacher Stern LLP and two partners of effectively providing banking services to two clients by allowing them to transfer money that was not related to an underlying legal transaction or service.
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November 20, 2024
Deutsche Bank, Dexia Win Swap Rate Dispute With Brescia
A London court on Wednesday ruled that deals an Italian province penned with Deutsche Bank and Dexia aimed at restructuring the region's debts were valid and that it cannot undo settlement agreements inked in the legal fallout around the transactions.
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November 20, 2024
J&J To Face UK Group Action Over Talc Cancer Claims
Johnson & Johnson will face a group claim in the U.K. brought by around 2,000 individuals who allege the pharmaceutical giant knew and suppressed information that its talcum powder was contaminated with cancer-causing asbestos, the law firm helming the action told Law360 Wednesday.
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November 20, 2024
SkyKick Ruling Could Put Pressure On Burdened UKIPO
When the U.K. Supreme Court agreed to tackle what counts as bad faith for trademark filings, the country's intellectual property officials feared that they would be forced to consider the intention of the applicant in all proceedings. All eyes are now on the UKIPO to see how big the deluge of challenges is — and whether the agency can keep up.
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November 20, 2024
ICO Compliance Officer Loses 'Character Assassination' Claim
The Information Commissioner's Office has beaten a claim by a compliance officer that his manager discriminated against him by trying to sway the outcome of a probe into his alleged misconduct, as a tribunal found there was limited evidence that his allegations were true.
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November 20, 2024
Marsh Says Greensill Bank Can't Add It To Australian Dispute
Marsh urged a court Wednesday to maintain an order banning Greensill Bank AG from dragging it into litigation in Australia linked to the collapse of the wider group, arguing that the lender is bound by an English jurisdiction clause in its contract with the insurance broker.
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November 20, 2024
LG Stops Furniture Biz Reviving 'Washtower' TM At EU Court
South Korean consumer electronics giant LG persuaded a European Union court on Wednesday to dash an appeal by a furniture retailer over its "Washtower" trademark, proving the TM is invalid because it simply describes the company's goods.
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November 20, 2024
All Eyes On The SFO After LC&F Ponzi Scheme Ruling
Damning findings in civil litigation that the directors of London Capital & Finance ran the bonds company as a Ponzi scheme could foreshadow the Serious Fraud Office's parallel criminal investigation into the failed £237 million ($300 million) investment business, lawyers say.
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November 20, 2024
Sony Film Co. Can Advance With $49M Share Deal Claim
Sony Group's Columbia Pictures can move ahead with its $49 million claim that a media company failed to pay for any shares in an entertainment business it had agreed to buy, as a London court ruled on Wednesday that claim documents were validly served in Hong Kong.
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November 20, 2024
Gov't Must Pay Union For Ending Dues Deal, Top Court Rules
A union for civil servants won its case on Wednesday for compensation as the U.K. Supreme Court ruled that the government was not entitled to stop automatically deducting membership fees from workers' pay.
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November 20, 2024
Top UK Court Rejects Bedzhamov Russian Bankruptcy Order
The U.K. Supreme Court refused Wednesday to recognize a Russian bankruptcy order against two properties owned by banker Georgy Ivanovich Bedzhamov in Britain, confirming a legal principle that foreign courts do not have jurisdiction over English land.
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November 19, 2024
Ukraine Claims Win In Chocolate Co. Investor's $100M Suit
Ukraine's Ministry of Justice said Tuesday it has won a $100 million international arbitration case brought by a Russian-American investor in a chocolate factory who claims he was subjected to a brutal arrest by Ukrainian authorities when they expropriated his business in 2017.
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November 19, 2024
Litigation Funder Can't Arbitrate German Biz's Discovery Bid
A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.
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November 19, 2024
Cuban Bank Can't Block Fund's €72M Debt Claim
Cuba's former central bank can't block an offshore fund from suing it for over €72 million ($76.2 million) of unpaid sovereign debt because the lender authorized the assignment of the debt to the fund, a London appeals court ruled Tuesday.
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November 19, 2024
Furniture Warehouse Worker Wins Unfair Sacking Claim
A furniture warehouse worker has won about £16,000 ($20,000) on his unfair dismissal claim before an English employment tribunal, which found the business had not properly investigated allegations that he had used a company van without permission.
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November 19, 2024
Court Staffer Fired For Bad Performance, Not Race
An usher who left an East London courtroom unattended, allowing a member of the public to enter and "violently throw a holy book on the court floor," has lost her race discrimination case after a tribunal found that she was dismissed because of her performance.
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November 19, 2024
Part-Time High Court Judges Lose Claim For Better Pay
Judges who sometimes "sit up" on more senior High Court cases cannot legally be considered part-time workers, an employment tribunal has ruled, quashing their discrimination claim.
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November 19, 2024
UKIP Support Is Not A Protected Belief, Tribunal Rules
A charity beat claims that it discriminated against a former employee after an employment tribunal ruled that supporting the right-wing U.K. Independence Party and opposing halal meat aren't protected beliefs.
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November 19, 2024
Russian Pipeline Giant Fights Oligarch's Conspiracy Claim
Lawyers for Russian pipeline giant PJSC Transneft urged a London court Tuesday to toss out a claim by a jailed oligarch accusing it of foul play in a sale of shares, saying the deal was above board and approved by shareholders.
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November 19, 2024
BNP Paribas Not Liable For Halted Skyscraper Asbestos Work
BNP Paribas is not on the hook for a broken deal with a contractor that claimed the company prevented it from carrying out necessary work after asbestos was found in a Manchester skyscraper, a London court has ruled.
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November 19, 2024
Lenovo Can't Force Ericsson Into Short-Term 5G SEP License
A London court dealt a blow on Tuesday to Lenovo's hopes of getting a short-term license to use Ericsson's essential 5G patents, as it refused to declare that a "willing licensor" in Ericsson's shoes would offer a deal.
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November 19, 2024
Student Wins Sexual Harassment Case Against Bar
A tribunal has upheld claims for discrimination and sexual harassment by a student bartender after her line manager mimicked putting a banknote down her cleavage on a staff night out.
Expert Analysis
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New Offense Expands Liability For Corporate Enviro Fraud
The Economic Crime Act's new corporate fraud offense — for which the Home Office recently released guidance — underscores the U.K.'s commitment to hold companies accountable on environmental grounds, and in lowering the bar for establishing liability, offers claimants a wider set of tools to wield against multinational entities, say lawyers at Bracewell.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.
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Inside The Premier League's Financial Regulation Dilemma
The Premier League's arbitration award in its dispute with Manchester City Football Club has raised significant financial governance concerns in English football, and a resolution may set a precedent in regulatory development, say consultants at Secretariat.
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What UK Procurement Act Delay Will Mean For Stakeholders
The Procurement Act 2023’s delay until February 2025 has sparked debate among contracting authorities and suppliers, and the Labour Party’s preference for a broader reform package demonstrates the challenges involved in implementing legislative changes where there is a change in government, say lawyers at Shoosmiths.
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2 Highlights From Labour's Notable Employment Rights Bill
The Labour government’s recently unveiled Employment Rights Bill marks the start of a generational shift in U.K. employment law, and its updates to unfair dismissal rights and restrictions on fire-and-rehire tactics are of particular note, say lawyers at Covington.
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Inspecting The New Int'l Arbitration Site Visits Protocol
The International Bar Association's recently published model protocol for site visits is helpful in offering a standardized, sensible approach to a range of typical issues that arise in the course of scheduling site visits in construction, engineering or other types of disputes, say attorneys at V&E.
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Opinion
Why The UK Gov't Should Commit To An Anti-SLAPP Law
Recent libel cases against journalists demonstrate how the English court system can be potentially misused through strategic lawsuits against public participation, underscoring the need for a robust statutory mechanism for early dismissal of unmeritorious claims, says Nadia Tymkiw at RPC.
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5 Takeaways From UK Justices' Arbitration Jurisdiction Ruling
The U.K. Supreme Court's recent judgment in UniCredit Bank v. RusChemAlliance, upholding an injunction against a lawsuit that attempted to shift arbitration away from a contractually designated venue, provides helpful guidance on when such injunctions may be available, say attorneys at Fladgate.
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FCA's Broad Proposals Aim To Protect Customer Funds
The Financial Conduct Authority’s proposed changes to payments firms’ safeguarding requirements, with enhanced recordkeeping and fund segregation, seek to bolster existing regulatory provisions, but by introducing a statutory trust concept to cover customers’ assets, represent a set of onerous rules, says Matt Hancock at Greenberg Traurig.
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Complying With Growing EU Supply Chain Mandates
A significant volume of recent European Union legislative developments demonstrate a focus on supply chain transparency, so organizations must remain vigilant about potential human rights and environmental abuses in their supply chain and make a plan to mitigate compliance risks, say lawyers at Weil.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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What EU Antitrust Guidelines Will Mean For Dominant Cos.
The European Commission’s recent draft antitrust guidelines will steer courts' enforcement powers, increasing the risk for dominant firms engaging in exclusive dealing without any apparent basis to shift the burden of proof to those companies, say lawyers at Latham.
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Reflecting On 12 Months Of The EU Foreign Subsidy Regime
New European Commission guidance, addressing procedural questions and finally providing clarity on “distortion” in merger control and public procurement, offers an opportunity to reflect on the year since foreign subsidy notification obligations were introduced, say lawyers at Fried Frank.
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Employer Lessons In Preventing Unlawful Positive Action
A recent Employment Tribunal decision that three white police officers had been subjected to unlawful race discrimination when a minority detective sergeant was promoted demonstrates that organizations should undertake a balancing approach when implementing positive action in the workplace, says Chris Hadrill at Redmans Solicitors.
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Review Of EU Cross-Border Merger Regs' Impact On Irish Cos.
Looking back on the year since the European Union Mobility Directive was transposed into Irish law, enabling Irish and European Economic Area limited liability companies to participate in cross-border deals, it is clear that restructuring options available to Irish companies with EU operations have significantly expanded, say lawyers at Matheson.