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Commercial Litigation UK
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October 03, 2024
Lufthansa Demands Profits From Power Outlet Patent Breach
Lufthansa claimed in a London trial Thursday that three avionics companies found to have infringed its patent on a method of allowing airline passengers to access power outlets should turn over all profits from sales of the infringing system.
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October 03, 2024
Cutrale Family Fails To Crush Orange Juice Cartel Claims
A London appeals court refused to strike over 1,300 claims from Brazilian orange farmers who allege the father and son at the helm of juice giant Cutrale participated in a price-fixing cartel, saying the family can defend the claims at trial by arguing they weren't brought in time.
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October 03, 2024
Christian Worker's LGBT Posts Not Free Speech, School Says
A school that fired an administrator over her anti-LGBT social media posts told an appeals court on Thursday that her posts could be too offensive to be protected by her right to express religious beliefs.
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October 03, 2024
Whisky Fund Manager To Pay £51K Over Sexist Treatment
An employment tribunal has ordered an investment consultancy specializing in rare whiskies to pay £51,800 ($68,000) to a female staff member after employees harassed her and forced her out with sexist treatment.
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October 03, 2024
Freeths Says Developer At Fault In £7M Warehouse Value Row
Freeths has hit back at a developer's £7.5 million ($9.8 million) negligence claim accusing the law firm of tanking the value of a warehouse, arguing that it had no prospect of avoiding the imposition of noise conditions when it started demolishing the building.
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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.
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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.
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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.
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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.
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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.
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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.,
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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What ClientEarth Ruling Means For Shareholder Climate Suits
The High Court recently confirmed its earlier decision in ClientEarth v. Shell, illustrating that environmental groups seeking to bring a derivative action against corporate directors' strategic decision making may find it challenging to obtain admissible evidence to establish a prima facie case of a breach, say lawyers at Herbert Smith.
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Directors Should Beware Reinvigorated UK Insolvency Service
The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.
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EU Privacy Plan Finally Resolves Data Transfer Woes
Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.
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The New Accountability Landscape For Financial Regulators
The preliminary-stage success of a group of U.K. lawmakers in a case against the Financial Conduct Authority highlights the significant hurdles for review of regulatory actions, but the Financial Services and Markets Act 2023 creates additional visibility into the regulators' decision making, which may lead to an increase in judicial review activity, say attorneys at Cleary.
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Director Responsibilities Amid Russian Asset Seizures
Following Russia's recent takeover of several companies, shareholders may argue that directors failed to properly guard the companies' assets and choose to bring derivative claims or unfair prejudice petitions, say lawyers at Collyer Bristow.
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Investors Should Prepare For Possible EU Energy Treaty Exit
Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.
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What Trustees Must Know About Virgin Media Pension Case
The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.
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EU Illumina-Grail Fine Cools Cos.' Merger Control Approach
The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.
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UK Top Court Ruling Spells Uncertainty For Litigation Funders
The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.
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4 ADR Techniques To Know In Employment Cases
With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.
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EU Privacy Framework Will Aid Int'l Data Transfer Compliance
The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.
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Opinion
Plea For A New Int'l Tribunal For Russia's Crime Of Aggression
Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.
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EU Case Shows Wide Approach To Blocking Telecom Mergers
The EU court's recent judgment in Commission v. CK Telecoms may make it more challenging to secure clearance for telecom and other companies pursuing mergers, illustrating its broad approach to mergers that risk harming competition without creating a dominant position, say Dominic Long and Christopher Best at Allen & Overy.
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Protecting Reputation In The Age Of Shareholder Activism
With the rise in investors using equity ownership to influence the management of a company, shareholder activism has taken on fresh impetus, and general counsel have a critical part to play in safeguarding an organization's reputation by engaging in open communication and implementing effective corporate governance, says Neil McLeod at The PHA Group.
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Factors Driving Increased Litigation Against European Cos.
European government regulation and enforcement, economic inflation and litigation funding are driving an increase in litigation, especially class actions, against corporations in Europe, a trend that seems to be here to stay, says Henning Schaloske at Clyde & Co.