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Commercial Litigation UK
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September 20, 2024
Insurers Deny Liability For $911M Stranded Aircraft Claims
Two insurers have argued they are not liable for claims totaling $911 million over aircraft stranded in Russia as part of a wave of claims worth £13 billion ($17.3 billion) that have flooded courts following the invasion of Ukraine.
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September 20, 2024
Harrods, Met Face Potential Litigation Over Rape Claims
Lawyers are investigating potential claims against the Metropolitan Police and London luxury department store Harrods over allegations that its former staff were raped and sexually abused by Mohamed al-Fayed, its billionaire owner and former chair.
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September 19, 2024
Dechert Settles Aviation Exec's Hack Cover-Up RICO Claims
An airline mogul has cut a confidential deal with Dechert and two former partners of the firm to let them off the hook in his sprawling civil Racketeer Influenced and Corrupt Organizations Act lawsuit in New York federal court, the settling parties announced Thursday.
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September 19, 2024
Booking.com's Price Clauses May Violate Law, EU Court Says
The European Court of Justice found on Thursday that Booking.com BV's price parity clauses that prevent hotels from offering their rooms cheaper elsewhere could violate competition law and that the company can run its business without them.
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September 19, 2024
Ex-Bolt Head Denies App Feature Built To Avoid Worker Status
The former head of Bolt U.K. Thursday denied that the ride-hail app introduced a feature enabling drivers to share vehicles as a way to keep them from achieving worker status, as he gave evidence to a tribunal.
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September 19, 2024
Xiaomi Vies For Interim Deal In SEP Battle With Panasonic
Appellate justices pressed Xiaomi on Thursday to explain why an anti-suit injunction from the English courts to halt parallel litigation in Germany with Panasonic over telecom patents wouldn't be a preferable solution to asking for a court-ordered interim license while the litigation plays out.
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September 26, 2024
Wiggin Scores 6-Person Sports Law Team From Walker Morris
Wiggin LLP announced Thursday it has hired a new chief for its sports law practice, along with his five-strong team, as the firm looks to cement its practice in the area.
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September 19, 2024
Lloyds Bank Beats Employees' Settled Hybrid Working Claims
An employment tribunal has nixed claims against Lloyds Bank after ruling that three employees were unlikely to prove the bank had wrongly rejected their request to work from home.
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September 19, 2024
Italian Pharma Co. Stops Rival Getting 'Hyalera' TM In Europe
An Italian pharmaceutical company has persuaded a European Union court to block a rival's "Hyalera" trademark application, proving that consumers could confuse the sign with its own "Hyal" trademark.
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September 19, 2024
Shein Hits Back At Oh Polly Over Dress 'Dupes' Case
Fast-fashion giant Shein has denied filching Oh Polly's trendy designs for dresses, tops and skirts, arguing that its rival's legal threats have harmed its business.
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September 19, 2024
EU Top Court Rules UK's CFC Tax Breaks Not State Aid
The European Court of Justice ruled Thursday that tax breaks the U.K. gave to certain companies under controlled foreign company regulations did not breach European Union state aid law.
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September 19, 2024
Food Giant's Sacking Of Cleaner Was Rushed And Unfair
A tribunal has ordered a U.K. food supply giant to compensate a cleaner for unfair dismissal after it concluded that the business carried out a rushed disciplinary process plagued by "serious failings" and the worker took improper absences.
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September 19, 2024
SFO Ordered To Disclose Total Cost Of Failed ENRC Probe
The Serious Fraud Office must disclose the total cost of its now-moribund corruption investigation into Eurasian Natural Resources Corp., a London tribunal ruled on Wednesday.
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September 19, 2024
EU Wrong To Block Berlusconi's Bank Stake, Top Court Rules
Europe's highest court ruled Thursday that the European Central Bank was wrong to decide that a prior conviction for tax fraud prevented former Italian Prime Minister Silvio Berlusconi from holding a stake in a bank in the country.
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September 19, 2024
Google Accused Of Apple 'Stranglehold' In £7B Class Action
A consumer champion bringing a £7 billion ($9.3 billion) class action against Google told a tribunal Thursday that the tech giant has maintained a "stranglehold" on Apple devices through an illegal exclusivity deal with the iPhone-maker.
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September 18, 2024
Parent Of UK's TGI Fridays Falls Into Administration
The British restaurant group that operates TGI Fridays' UK stores has collapsed into administration on Wednesday, along with its plans to sell its 87 restaurants in the UK, the company said after it nixed a deal to acquire U.S. stores earlier this month.
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September 18, 2024
Statistics Body Staff Lose COVID-19 Survey Safety Claim
The U.K.'s national statistics body did not subject four field interviewers to any detriment resulting from their alleged whistleblowing over safety concerns amid a return to in-person interviews during the coronavirus pandemic, a tribunal has ruled.
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September 18, 2024
Google Fights To Ax £7B Apple Search Engine Abuse Case
Google asked a tribunal on Wednesday to strike out a £7 billion ($9.25 billion) case alleging it abused its dominance by securing exclusivity for its search engine on Apple devices, arguing that the case against it must fail.
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September 18, 2024
Boxing Body Knocks Out Referee's Race Bias Case
A Black boxing referee has lost his bias case against the sport's governing body, after an employment tribunal ruled that its decision to stop giving him fights was tied to his defamation claim rather than his race.
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September 18, 2024
Privinvest Says Missing Disclosure Made Fair Trial Impossible
A shipbuilding company is seeking to dodge having to pay approximately $2 billion in damages awarded to Mozambique over a bribery scheme that wrecked the country's economy, urging a court to stay enforcement of the judgment to await the outcome of any appeal.
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September 25, 2024
CMA Consumer Protection Chief Joins Lewis Silkin
Lewis Silkin LLP has hired a former director at the Competition and Markets Authority to boost its services for clients being investigated over their compliance with consumer regulations.
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September 18, 2024
Cabin Biz Accuses Rival Of 'Cynical' Door Design Copying
A cabin maker has accused a competitor of infringing its design rights over the features of its doors, arguing at a London court that its rival must pay damages after running a "campaign of copying."
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September 18, 2024
Justices Say €450M RusChem Case Governed By English Law
English courts had the jurisdiction to prevent a Gazprom subsidiary from pursuing a €450 million ($500 million) claim in the Russian courts against UniCredit Bank AG, Britain's top court said Wednesday as it delivered its reasons for halting the litigation earlier this year.
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September 18, 2024
Black Staff Win £64K After Council Turns Blind Eye To Racism
An employment tribunal has ordered a local government authority to pay more than £64,150 ($85,000) to two staff members after it harassed, victimized and racially discriminated against them for being Black.
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September 18, 2024
Clearpay Defends Ending Westfield Deals Over Xmas Closures
Clearpay Finance has argued in a filing at the High Court that it was entitled to end two "buy now, pay later" partnerships with Westfield's London shopping centers early because they closed for more than 24 hours during the Christmas period.
Expert Analysis
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Bias Claim Highlights Need For Menopause Support Policies
The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.
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UK Case Offers Lessons On Hiring Accommodations
The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.
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Shifting From Technical To Clear Insurance Contract Wordings
Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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How Employers Can Support Neurodiversity In The Workplace
A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.
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What's In The Plan To Boost Germany's Commercial Litigation
Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.
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What To Consider When Making Brand Sustainability Claims
A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.
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Retained EU Law Act Puts Employment Rights Into Question
The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.
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In Balancing Commerce And Privacy Interests, Consent Is Key
Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Recent Trends In European ESG-Related Shareholder Activism
New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.
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Employer Due Diligence Lessons From Share Scheme Case
The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.
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Construction Ruling Clarifies Key Payment Mechanism Issue
The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.
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Key Findings From Law Commission Review Of Arbitration Act
The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.
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Bitcoin Case Highlights Advanced Age Of UK's IP Law
An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.