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Commercial Litigation UK
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June 20, 2024
Womble Bond Denies Fault In Failed £126M Property Deal
Womble Bond Dickinson (UK) LLP has denied botching a £126 million ($160 million) London property redevelopment project and said it advised competently on the instructions of a businessman who abandoned the deal because the market looked bad.
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June 20, 2024
Builder.ai's TMs Trimmed In Infringement Claim With Rival
App-building tech company Engineer.ai Global Ltd. lost its trademark battle with an Indian rival over the alleged exploitation of its "Builder" sign on Wednesday, losing protection for two of its marks across a third of its computer-related classes.
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June 20, 2024
Law Firm Wrongly Axed Pregnant Lawyer's Promotion
A law firm discriminated against a solicitor when it withdrew its offer to promote her to director after learning she was pregnant and later fired her, an employment tribunal has ruled.
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June 20, 2024
UK Gov't Must Face War Crime Libel Claim, Top Court Rules
A Bangladesh-born British citizen can revive his libel claim over a Home Office report that said he was guilty of war crimes after the U.K. Supreme Court ruled Thursday that it was not an abuse of process, allowing it to continue to trial.
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June 20, 2024
Top UK Court Quashes Decision To OK Oil Well Expansion
A local authority's decision to greenlight expansion of an oil field was unlawful and must be quashed, the U.K. Supreme Court said Thursday, ruling that the council was obliged to consider the effects of greenhouse gas emissions.
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June 19, 2024
Drivers Sue Amazon Over Alleged Work Visa Scam
A group of drivers for Amazon who say they were lured to the U.K. from Spain as part of a sophisticated visa scam have filed an employment claim against the retail giant and its logistics provider.
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June 19, 2024
Rosling King And Ex-Client Clash Over Negligence Claim
Tonstate Group and its former legal counsel Rosling King LLP sought Wednesday to toss parts of each other's cases in the claim by the investment company accusing the law firm of negligently managing litigation against Tonstate's ex-CEO.
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June 19, 2024
Stripe Seeks To Revoke ATM Network's TMs
Stripe has urged a court to revoke trademarks owned by the main ATM network in the U.K., which accused the online payment processor of infringement and hijacking its reputation by using the "Link" name for a payment service.
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June 19, 2024
Russian Billionaire Loses Bid To Overturn EU Sanctions
The European Union's General Court upheld sanctions against Russian billionaire Igor Rotenberg on Wednesday, ruling that there is enough evidence to show he profited from Russia supporting companies he managed and owned shares in.
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June 19, 2024
Sales Reps Win Discrimination Claim Over 'Somali Pirate' Slur
An employment tribunal has ruled that used car seller Stellantis & You discriminated against two sales advisers following evidence of racial slurs, including staff calling one a "Somali pirate" and another a "Black bastard."
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June 19, 2024
Mastercard Cuts Time-Barred Claims From £10B Class Action
A London tribunal has wiped out a swathe of claims from a £10 billion ($12.7 billion) class action against Mastercard for being time-barred, dismissing allegations on Wednesday that the credit card giant had hidden information about its interchange fees from consumers.
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June 19, 2024
Gaming Execs Deny Copying Ex-Firm's Code For New Game
Two former directors of an online gambling company have denied its claim that they plagiarized copyrighted source code for its "Slingo" online betting game to produce several competing products through the rival business they joined.
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June 19, 2024
Coinbase Loses Bid For EU Trademark Resembling Letter 'C'
Cryptocurrency exchange platform Coinbase failed to persuade a European court to upend an intellectual property office ruling that rejected its figurative trademark for a shape resembling the letter "C" as the court backed the ruling that the application lacked distinctive character.
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June 19, 2024
Plane Not 'Lost' In $15M Stranded Jet Row, Chubb Says
Chubb European Group SE has said it is not liable for $14.7 million claimed by the Irish wing of a U.S. aircraft leasing company to cover the claimed loss of a plane stranded in Russia because the insurer says it is not actually lost.
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June 19, 2024
Barrister Sanctioned Over Fight At The Opera
A barrister was sanctioned by a disciplinary board on Wednesday for getting into a fistfight at an opera as the panel found that he had behaved in a way that is likely to diminish public trust in the legal profession.
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June 19, 2024
PPE Distributor Claims $11M Lost In 'Secret Commissions'
A British medical supplier is suing its former agent for $10.8 million for allegedly defrauding it by taking secret commission on orders of personal protective equipment during the COVID-19 pandemic.
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June 19, 2024
Train Operator Denies Hiding Cheaper Fares From Passengers
A rail operator told a class action trial in London on Wednesday that allegations by rail passengers that it had concealed the existence of cheaper tickets from customers are not backed up by any evidence.
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June 18, 2024
Train Operators' Boundary-Fare Class Action Trial Opens
At a class action trial in London on Tuesday, rail passengers accused English rail operators of abusing their dominant market position by failing to sell cheaper tickets to some customers and forcing them to pay up to double the price for their journey.
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June 18, 2024
NHS Surgeon Loses Appeal Over Fixed-Term Status
A locum consultant breast surgeon lost her bid to become a permanent employee at a London hospital trust Tuesday after an appellate judge found that the trust was entitled to keep her on a fixed-term contract.
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June 18, 2024
Garden Screen Co. Says Rival Ripped Off Its Unique Designs
The owners of a line of allegedly unique garden screens have sued a rival in London court for supposedly copying the designs, which the owners argue are protected by copyright.
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June 18, 2024
Solicitor Who Stalked Ex-Girlfriend Struck Off
A solicitor convicted of stalking over repeatedly kicking his ex-girlfriend's door and threatening to "sort her out" has been struck off by a tribunal Tuesday.
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June 18, 2024
Ex-Yukos Oil Investors Auction Russian Vodka TMs For €1.6M
The former shareholders of Yukos Oil Co. said Monday they have auctioned the Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, as they continue their effort to enforce $50 billion in arbitral awards against Russia.
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June 18, 2024
Insurers Appeal COVID ExCeL Biz Insurance Test Case Ruling
Insurers launched an appeal on Tuesday to overturn a landmark test case ruling that would provide cover for COVID-19 lockdowns for thousands of companies with "at-the-premises" business interruption wording in their policies.
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June 18, 2024
Insurers Deny Stranded Planes Are 'Lost' In $45M Claim
A range of insurers have said they are not liable for $44.9 million claimed by an Irish aircraft operating company to cover the loss of planes stranded in Russia because they argue the airline business has not suffered any loss.
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June 18, 2024
Judges Fight For Higher Pay When Acting In Senior Roles
A group of judges told the Employment Tribunal on Tuesday that they are being unfairly underpaid, arguing that when they occasionally act in more senior roles they should be paid the same as the judges in those higher positions.
Expert Analysis
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What The Collective Interests Bill May Mean For Irish Litigation
As multinational corporations continue to increase their presence in Ireland, the forthcoming Collective Interests of Consumers Bill is expected to significantly alter the Irish litigation landscape and provide fertile ground for consumer-led group actions, backed by a gradual edging toward wider third-party litigation funding reform, say lawyers at Kennedys.
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Successfully Implementing AI Rules Requires A Cultural Shift
Recent positive use cases of artificial intelligence demonstrate the potential benefits it can bring to the legal profession, and while the development of AI rules is essential, their effectiveness depends on user adoption, behavioral change and human acceptance, say Charlie Morgan and Salman Dhalla at Herbert Smith.
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Recent Cases Mark Maturation Of CAT Class Cert. Approach
The Competition Appeal Tribunal's recent refusal to grant collective proceedings applications against Visa and MasterCard in the Commercial and Interregional Card Claims case shows that the tribunal takes its role as a gatekeeper seriously, and that it will likely continue to be difficult for defendants to defeat certification first time around, say lawyers at Linklaters.
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Why The UK Needs Tougher Fraud Enforcement
The Crown Court's recent conviction of Anthony Constantinou for running a Ponzi scheme is a rare success for prosecutors, highlighting the legal system's painfully slow course when it comes to complex fraud, and the need for significant funds and resources in the fight against financial crime, says James Clark at Quillon Law.
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Global M&A Outlook: Slow But Moving Along
Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.
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Emmentaler Case Elucidates Recipe For EU Food Trademarks
In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.
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Why Int'l Investors Should Keep An Eye On German M&A Regs
While German reform proposals will digitize corporate law formalities that have long been immune to change, international limitations remain, particularly for countries outside the European Union, as Germany moves to tighten regulatory hurdles to control inbound investment, say Marcus Geiss and Sonja Ruttmann at Gibson Dunn.
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Mass EU Privacy Litigation May Be Imminent After GDPR Case
While the EU Court of Justice decision in Österreichische Post, clarifying that personal data infringements under the General Data Protection Regulation must be effectively compensated, has not yet opened the floodgates for data breach litigation, it has definitely encouraged individuals to pursue damage claims, says Jan Spittka at Clyde & Co.
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What Google Case Means For Privacy Class Action Litigation
While the recent High Court decision in Prismall v. Google UK and DeepMind highlights the high bar for bringing collective actions on an opt-out basis and the difficulties of relying on the tort in misuse of private information, it is not impossible as long as the case is right, says Kingsley Hayes at Keller Postman.
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Meta Fine Offers EU Data Privacy Compliance Warning
The recent record €1.2 billion fine against Meta highlights that all transfers of EU personal data to U.S. companies inherently risk breaching the General Data Protection Regulation, so companies should examine whether privacy compliance is sufficiently built into their business model, says Eddie Powell at Fladgate.
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Failed Libel Claim Shows Need For Political Donation Controls
While the recent High Court decision to throw out a Tory donor's libel claim demonstrates that courts will not hesitate to pull the plug on baseless and resource-draining claims, it also highlights the need for robust checks on political party donations and stronger anti-SLAPP legislation, says Helen Taylor at Spotlight on Corruption.
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Unified Patent Court Advantages Leave US Trailing Behind
Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.
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Examining The Effects Of Increased Construction Insolvency
With a significant rise in construction firm insolvencies, proactive monitoring of key counterparties is paramount, and if early warning signs such as failure to pay suppliers or a turnover in key management are triggered, parties should take steps to minimize exposure and potential losses, say lawyers at Reynolds Porter.
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Ensuring Construction Project Insurance Cover Is Adequate
There are a number of ways for practitioners to secure appropriate insurance for a construction project, and it is as important to consider who is covered under the policy as it is the specific terms and obligations, say lawyers at Gowling.
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GDPR Case Sheds Light On Threshold For Individual Damages
The recent EU Court of Justice judgment in Österreichische Post clarified that an individual must suffer damages from an infringement of the General Data Protection Regulation to claim compensation, but the lack of guidance regarding calculation creates further ambiguity for organizations and an opportunity for individuals to forum shop, say lawyers at Van Bael & Bellis.