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Commercial Litigation UK
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July 31, 2024
Retired Couple Can't Duck Ex-Solicitor's Forex Deceit Win
A London appellate court ruled Wednesday that a financial advisor and his wife cannot escape liability to compensate a former lawyer over £500,000 ($642,135), after the appellate judge found they were partners in a now-defunct foreign exchange trading scheme.
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July 31, 2024
Amazon, Eversheds Lawyers Can't Shake Whistleblower Claim
Amazon's senior employment lawyer and two Eversheds Sutherland solicitors have failed to block an unfair dismissal claim brought by an ex-employee of the tech giant's cloud business, after a London tribunal found it was too early to rule on their responsibility for his leaving.
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July 31, 2024
Rosling King's Defense Trimmed In Negligence Claim
A judge on Wednesday tossed out part of Rosling King LLP's defense to a negligence claim brought by a former client, finding the law firm could not challenge an earlier decision that a litigation strategy was bound to fail.
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July 31, 2024
Eversheds Sutherland Launches Arbitration Practice In Poland
Eversheds Sutherland has launched an arbitration and complex commercial disputes practice in its Warsaw, Poland, office, bringing over three attorneys previously with Kochanski & Partners to operate it.
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July 31, 2024
Ex-Fieldfisher Lawyer Says Sex Assault Claim Was Conspiracy
A former senior associate at Fieldfisher LLP sacked over sexual harassment allegations told a tribunal Wednesday that a "group of close friends" had conspired to falsely accuse him of sexually assaulting a co-worker in a toilet during a work event.
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July 31, 2024
The 1975 Sued For £2M Over Same-Sex Kiss On Stage
The organizers of a Malaysian music festival are suing The 1975 and the British band's members for almost £2 million ($2.6 million) over a same-sex kiss initiated by frontman Matty Healy on stage at the event, which the organizers say breached the country's law and led to the festival being canceled.
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August 07, 2024
RPC Recruits New Insurance Partner From Womble Bond
Reynolds Porter Chamberlain LLP has hired Christian Charlesworth as an insurance partner from Womble Bond Dickinson (UK) LLP to join its office in the southwestern English city of Bristol.
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July 31, 2024
Holding Co. Can't Dodge Liability In IP Misrepresentation Feud
A London court has rejected a holding company's bid for a declaration that a cashpoint software business it sold in 2020 owns a disputed set of intellectual property, dashing the company's hopes of shielding itself from potential liability for other shareholders' alleged misrepresentations during the sale.
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July 30, 2024
Georgia Fends Off Massive Port Project Claim
An international tribunal has rejected a multinational consortium's claim against the Georgian government for nixing a contract to construct a deep-water port on the eastern shore of the Black Sea.
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July 30, 2024
Tanzania To Pay Indiana Resources $90M In ICSID Dispute
Tanzania has agreed to pay $90 million to a trio of Indiana Resources Ltd.'s majority-owned firms in a settlement over the African country's alleged unlawful expropriation of a nickel sulfide project, according to the Australian mining company.
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July 30, 2024
Consumers Can Appeal Some Blocked UK Mastercard Claims
The United Kingdom's specialty antitrust court gave the go-ahead Tuesday for a partial appeal of its June decision scrubbing as time-barred a swath of claims from a £10 billion ($12.7 billion) class action against Mastercard, while concluding some grounds of appeal have no "real prospect of success."
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July 30, 2024
Gov't To Boost Judicial Salaries By 6% To Tackle Vacancies
All salaried judges in England and Wales will get a 6% pay rise, the U.K. government said Tuesday, after a salary advice body revealed that "significant and persistent problems" have worsened delays in filling some vacancies.
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July 30, 2024
Samsung Gets J&J Unit's UK Stelara Patent Invalidated
Samsung Bioepis on Tuesday persuaded a London court to invalidate Janssen's patent over its blockbuster Stelara drug, proving that the medicine is not inventive over a 2018 presentation on the medicine's efficacy.
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July 30, 2024
Market Researcher Toluna Sues Competitor Over 'HarrisX' TM
Market researcher Toluna Holdings Ltd. has sued rival Stagwell for trademark infringement, accusing Stagwell of trying to take advantage of Toluna's longstanding reputation in the U.K. with the unauthorized use of the word "Harris" in its branding.
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July 30, 2024
Aviva Didn't Sabotage Service Assistant's Career Over Race
A customer service assistant lost more than 30 claims of discrimination and victimization against an Aviva PLC subsidiary, after an employment tribunal ruled that her own harmful behavior had strained her relationship with bosses and forced her out.
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July 30, 2024
Fieldfisher Defends Lawyer's Sacking Over Sexual Misconduct
A Fieldfisher LLP partner who sacked a senior associate over sexual harassment allegations told a tribunal Tuesday she stood by her decision as she gave evidence against the lawyer who claimed that he had been unfairly dismissed.
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July 30, 2024
Bahraini Dissidents Say Bugging Case Belongs In England
Two Bahraini dissidents urged a London appeals court Tuesday to uphold a ruling that the Gulf state cannot block them from suing it for allegedly infecting their computers with spyware because the hacking took place in the U.K.
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July 30, 2024
Forsters Pro Ducks Liability In Fight Over Billionaire's Estate
A Forsters LLP private wealth solicitor cannot be held personally liable while he represents the estate of a Russian oligarch in a dispute over his $3.7 billion fortune unless the lawyer's actions are dishonest or fraudulent, a London court has ruled.
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July 30, 2024
Katie Price Faces Arrest For Not Attending Bankruptcy Hearing
A London judge issued a warrant on Tuesday for the arrest of Katie Price after the former model failed again to attend a court hearing in connection with her bankruptcies.
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July 29, 2024
Crypto Investors Get Provisional OK For £9B Binance Claim
Binance Holdings Ltd. must face a £9 billion ($11.5 billion) proposed class action brought by investors after a tribunal dismissed the cryptocurrency exchange's bid to strike out the claim, finding the evidence "just about" shows the case has a realistic chance of success.
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July 29, 2024
News Group Agrees To Seek 'Fake Security Threat' Evidence
The U.K. arm of Rupert Murdoch's news empire agreed in a London court Monday to search for more information related to an alleged "fake security threat" used to destroy evidence of unlawful information gathering techniques by journalists in a disclosure battle with two senior politicians.
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July 29, 2024
Car Parts Co. Defends Against Rival's Amazon Contract Loss
A car parts manufacturer has hit back at allegations that it wrongly modified a rival's truck spoilers and caused it to lose out on a multimillion-pound Amazon contract, arguing that the modifications were necessary for safety reasons.
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July 29, 2024
Chinese Firm Owes £42K To Manager It Called 'Western Devil'
A Chinese cross-cultural consultancy must pay £42,317 ($54,340) to an employee it racially harassed and called a "fake Western devil" before unfairly firing her, an employment tribunal has ruled.
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July 29, 2024
ECJ Nixes Swedish Dividends Tax On Foreign Pension Funds
Sweden can't collect a withholding tax on dividends distributed by Swedish companies to public pension funds abroad while exempting its own public funds because that is inconsistent with European Union law requiring the free movement of capital, the European Court of Justice said Monday.
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July 29, 2024
NFT Game Collaborator Says She Was IP Co-Owner
A cryptocurrency expert has said that her former business partner has improperly accused her of stealing confidential business information for an NFT-winning game they co-developed, despite having proof that she had not shared anything with his competitors.
Expert Analysis
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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.
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US-EU Plan On AI Illustrates Differing Opinions On Regulation
While the recently announced U.S.-EU voluntary code of conduct for artificial intelligence demonstrates a commitment to deliberate management of the technology, differing views on AI regulation in both regions — and globally — highlight the challenges of achieving a universal solution, say attorneys at Dechert.
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EU Ruling Sets Antitrust Analysis For Vertical Price-Fixing
The European Court of Justice's recent ruling in Super Bock v. Autoridade da Concorrência marks a significant step forward by introducing well-established EU competition law principles in the context of vertical price-fixing agreements, and seems to align with the U.S. approach, say lawyers at McDermott.
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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.