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Commercial Litigation UK
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September 10, 2024
Bolt Drivers Gear Up For Group Claim Over Workers' Rights
More than 12,500 Bolt drivers will argue at an employment tribunal on Wednesday that they deserve worker status, as the ride-hailing app becomes the latest company to face group action from gig economy workers fighting for better pay conditions.
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September 10, 2024
Apple Illegally Obtained €13B In State Aid, Top EU Court Rules
The European Union's highest court ruled on Tuesday that Ireland illegally granted Apple state aid in past tax rulings, requiring the U.S. technology giant to repay €13 billion ($14.3 billion) in back taxes as well as interest.
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September 10, 2024
Top EU Court Upholds €2.4B Google Shopping Fine
The European Court of Justice rejected an appeal from Google on Tuesday challenging a €2.4 billion ($2.7 billion) fine for steering users toward its own comparison shopping service, as the tech giant faces mounting pressure from antitrust enforcers at home and abroad.
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September 09, 2024
Spain Hit With $18B Claim Over Massive Malaysia Award
Spain is facing an $18 billion claim asserted by a group of Filipinos who accuse the country of stymying their efforts to enforce a $14.9 billion arbitral award against Malaysia, which they won following a land use dispute over a portion of territory along the northern coast of Borneo.
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September 09, 2024
Lucasfilm Can't Avoid Trial Over CGI Cushing In 'Rogue One'
Lucasfilm lost its appeal Monday in its attempt to avoid a trial over a London film company's claim that the entertainment giant had unlawfully benefited from a CGI depiction of the late actor Peter Cushing in a "Star Wars" film it didn't have the right to make.
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September 09, 2024
Asda Faces 60,000 Claims In Largest-Ever Equal Pay Case
A group of retail workers for the Asda supermarket chain urged a tribunal Monday to find that their work is of equal value to warehouse employees, in the opening of the U.K.'s largest-ever private sector equal pay claim.
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September 09, 2024
Broker Denies Botching Cover In £1.3M Parsley Payment Row
An insurance broker has said it is not liable for nearly £1.3 million ($1.7 million) claimed by an herbs and spice producer for allegedly organizing inadequate cover that the business said left it short after a fire broke out at its facility.
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September 09, 2024
Borough Must Pay £4.5M To Director With Grenfell Fire PTSD
An employment tribunal has ordered a London borough to pay £4.5 million ($5.9 million) for harassing and discriminating against a director who suffered secondary post-traumatic stress disorder from work linked to the Grenfell Tower fire.
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September 09, 2024
Millicom Denies Ignoring Staffer's Assassination Plot Claim
Millicom denied claims at a London employment tribunal on Monday that it took no action on allegations that its Tanzanian subsidiary illegally gave the country's government a political opponent's mobile phone location data before a suspected assassination attempt.
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September 09, 2024
Delivery Co. Must Pay £46K To Fire Safety Whistleblower
A former senior manager at a delivery company has won £46,100 ($60,300) after a tribunal ruled that his employer pushed him to quit by failing to probe his fire safety concerns over the rechargeable batteries on courier bikes.
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September 06, 2024
Apple Wins Sex Bias Case Over Remote Work Refusal
Apple defeated claims that it discriminated against a female Spanish employee by ordering her to return to her London-based role as part of a post-pandemic policy, an employment tribunal has ruled.
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September 13, 2024
WilmerHale, Hanotiau Duo Launch New Arbitration Boutique
Two international arbitrators from WilmerHale and Hanotiau & van den Berg have left their previous firms after near-20-year stints to set up their own boutique practice.
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September 06, 2024
Talent Agent Denies 'Luring' Clients With Online Model's TM
A U.K.-based talent manager has denied allegations that he used the trademark of a rival's Instagram model as fake bait to lure others into signing management contracts.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Disabled Police Officer Wins Harassment Case
An employment tribunal has ruled that the Lancashire police force discriminated against an officer with post-traumatic stress disorder and failed to support her remote work requests when her commute increased by nearly two hours.
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September 06, 2024
Magnate Can't Stop Sale Of Airline Shares In €50M Dispute
A company with links to aviation magnate German Efromovich on Friday failed to get an order restraining the chairman of Aeroitalia SRL from selling the assets of the budget carrier pending the determination of a €50 million ($55 million) dispute.
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September 06, 2024
Swiss Oil Trader Wins Pause Of Wholesaler's Abuja Claims
A Swiss oil trader won an interim court order Friday to prevent a Nigerian company from pursuing civil claims in the West African country over an alleged fraudulent scheme to misappropriate its cargo or proceeds arising out of a diesel fuel deal.
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September 06, 2024
Finance Co. Beats Would-Be CEO's Whistleblowing Claim
A U.K. finance company sacked its would-be chief executive because he lacked the experience and skills for the role — not because he had flagged alleged compliance breaches, a tribunal has ruled.
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September 06, 2024
Imam Sues Over 'Liar' Comment After Arena Bombing Inquiry
A former imam at a mosque attended by the Manchester Arena bomber has sued the place of worship and one of its trustees for defamation, alleging that the official called him "a liar" over his evidence to an inquiry into the terror attack.
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September 06, 2024
CMA Wins Bid To Revive £100M Pharma Cartel Fine
A London appeals court has upheld more than £100 million ($130 million) in fines against a group of pharmaceutical companies over an alleged price-fixing cartel, finding on Friday that the Competition and Markets Authority had properly argued its case.
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September 06, 2024
UK Insurers Could Face New Wave Of Biz Interruption Claims
Insurers in Britain could be on the hook for hundreds of millions of pounds in additional business interruption claims after a landmark court ruling on "at the premises" clauses, as the long-running insurance dispute from the COVID-19 pandemic enters its endgame.
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September 06, 2024
English Nationalist Loses Appeal For Protection Of His Views
English nationalism is not a legally protected philosophical belief, the Employment Appeal Tribunal has ruled in a claim by a health worker — the latest in a string of cases that seek a legal shield for controversial, non-religious worldviews.
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September 06, 2024
Frame Makers Sue Photo Printers Over Nail-Free Patent
The owners of a nail-free picture frame patent have accused a photo-printing company of infringing the rights to their invention by selling a near-identical picture frame that uses sticky strips instead of hooks.
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September 06, 2024
Ex-Akin Lawyer Can't Sue Wikipedia For Defamation In UK
A London court prevented a former Akin lawyer on Friday from suing the organizer of Wikipedia for libel, ruling that England is not the right forum for the claim because it turns on his criminal conviction in Switzerland.
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September 06, 2024
ExCeL Wins Landmark £16M COVID Biz Insurance Test Case
An English appeals court agreed with London's ExCeL exhibition center and other policyholders on Friday that national lockdowns during the COVID-19 pandemic triggered "at the premises" clauses in their insurance policies in a test case likely to bolster thousands of other claims.
Expert Analysis
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The Good, The Bad And The New Of The UK Sanctions Regime
Almost six years after the Sanctions and Money Laundering Act was introduced, the U.K. government has published a strategy paper that outlines its focus points and unveils potential changes to the regime, such as a new humanitarian exception for financial sanctions, highlighting the rapid transformation of the U.K. sanctions landscape, says Josef Rybacki at WilmerHale.
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Unpacking The Building Safety Act's Industry Overhaul
Recent updates to the Building Safety Act introduce a new principal designer role and longer limitation periods for defects claims, ushering in new compliance challenges for construction industry stakeholders to navigate, as well as a need to affirm that their insurance arrangements provide adequate protection, say Zoe Eastell and Zack Gould-Wilson at RPC.
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Prompt Engineering Skills Are Changing The Legal Profession
With a focus on higher-value work as repetitive tasks are delegated to artificial intelligence, legal roles are set to become more inspiring, and lawyers need not fear the rising demand for prompt engineers that is altering the technology-enabled legal environment, say Eric Crawley, Shah Karim and Paul O’Hagan at Epiq Legal.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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4 Legal Privilege Lessons From Dechert Disclosure Ruling
The Court of Appeal's recent decision in Al Sadeq v. Dechert LLP, finding that evidence may have been incorrectly withheld, provides welcome clarification of the scope of legal professional privilege, including the application of the iniquity exception, says Tim Knight at Travers Smith.
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BT Case May Shape UK Class Action Landscape
The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.
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Key Points From EC Economic Security Screening Initiatives
Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.
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Following The Road Map Toward Quantum Security
With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.
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Why EU Ruling On Beneficial Ownership May Affect The UK
Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.
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Opinion
Labour Should Reconsider Its Discrimination Law Plans
While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.
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AI Is Outpacing IP Law Frameworks
In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.
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Tracing The History Of LGBTQ+ Rights In The Workplace
Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.
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Ruling In FCA Case Offers Tips On Flexible Work Requests
In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.
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Pension Scheme Ruling Elucidates Conversion Issues
In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.
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New Fraud Prevention Offense May Not Make Much Difference
By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.