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Commercial Litigation UK
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September 27, 2024
Duncan Lewis Settles Legal Aid Fee Case Against UK Gov.
Duncan Lewis Solicitors announced Friday that it has dropped its legal aid fee claim against the U.K.'s justice secretary, after the minister promised to make a decision on raising rates for immigration and asylum work after the first Labour budget next month.
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September 27, 2024
Ex-Centrica Employee Loses Bid For Pay In Blacklisting Claim
A former Centrica PLC employee has lost his bid to be paid while he sues the energy giant for allegedly firing and blacklisting him for blowing the whistle.
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September 27, 2024
Labor Reforms To Shift Power To Unions, Lawyers Say
Employers must adjust to a changed balance of power with trade unions, lawyers say, as they anticipate historic reforms to industrial law set out in legislation due to be published in October.
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September 26, 2024
Spain Can't Escape $26M Award, DC Judge Rules
A D.C. federal judge on Thursday enforced a €23.5 million ($26.3 million) arbitral award issued against Spain after the country dialed back its renewable energy incentives, rejecting Madrid's argument that the tribunal had infringed the authority of European Union courts.
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September 26, 2024
ECJ Rejects Catalan Separatists' Bid For MEP Status
The European Union's top court on Thursday rejected Catalan separatist leaders Carles Puigdemont and Toni Comín's appeals to be recognized as members of the European Parliament following their 2019 elections in Spain.
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September 26, 2024
High Court To Tackle Past Sales In Oppo FRAND Trial
Chinese mobile giant Oppo will meet InterDigital at a London court Friday to discuss whether findings in the Court of Appeal's high-profile Lenovo decision should apply in the company's own licensing dispute over 4G and 5G standard-essential patents.
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September 26, 2024
Lawyer Must Pay £8.7K For Late Exit In Case Against Ex-Firm
A consultant solicitor must pay his former firm £8,700 ($11,700) in costs after bringing a claim that was obviously past due before waiting more than two months too long to withdraw it, a tribunal has ruled.
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September 26, 2024
Dental Receptionist Gets £9K Over Unfair Dismissal
An employment tribunal ordered a dental practice to pay £8,945 ($11,953) to a receptionist who was fired for bad behavior that didn't seem to have taken place.
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September 26, 2024
Syrian Refugees' Terror Finance Case At Risk Over Costs
Syrian refugees must provide £1.6 million ($2.2 million) in security or risk having their case dismissed against two major Qatari banks they accuse of waging a "campaign of intimidation" because of their claims that the lenders funded a terrorist group.
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September 26, 2024
ECJ Backs Strong Protection For Lawyer-Client Discussions
Confidentiality of lawyer-client communications has enhanced protection under European Union law, including in cross-border tax disclosures, the European Court of Justice ruled Thursday.
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September 26, 2024
Sanctioned Billionaire Beats Claim Over $1B PhosAgro Stake
A Russian oligarch has lost his case accusing a former friend of unlawfully taking away his stake in a £3.7 billion ($5 billion) fertilizer business, as a London court found on Thursday that his claim to have been granted the share in a handshake agreement was implausible.
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September 26, 2024
Ex-Linklaters Pro Accused Of Lying To Dodge $25M Judgment
A former partner at Linklaters LLP forged documents in an attempt to avoid handing over two homes to settle a $25 million judgment against him, lawyers representing a Saudi princess told a London court on Thursday.
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September 26, 2024
Son Hits Back At Father In Spat Over Parking Software
A former director of a parking company has hit back in a copyright battle with his father over the ownership of software, claiming that the rival business shut him out and took his technology.
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September 26, 2024
Cineworld Exec Says Chain Tried To Avoid Restructuring Plan
A Cineworld executive said Thursday that he had not anticipated that the cinema chain's financial woes would lead to a U.K. restructuring plan, as he gave evidence at a London court seeking approval for a plan to prevent the business from falling into administration.
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September 25, 2024
Barry Manilow Sued By Hipgnosis Over Sony Royalties
Music rights heavyweight Hipgnosis has sued Barry Manilow in London for allegedly failing to pay it royalties after Sony Records paid the American singer for his recordings, violating a more than $7.5 million deal that saw Hipgnosis acquire his catalog of 917 songs.
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September 25, 2024
HSF, BAT Prove EU Wrongly Denied Access To Tobacco Data
Herbert Smith Freehills LLP and a British American Tobacco unit on Wednesday scored partial victories when a European Union court ruled that officials wrongly withheld certain data contributing to the bloc's decision to tighten regulations on heated tobacco.
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September 25, 2024
Music Rights Collective Fights Bands' Antitrust Claim
The Performing Right Society has denied abusing a dominant market position by imposing fees and requirements on artists, hitting back at a claim by three rock bands and their rights management company.
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September 25, 2024
Pump Court Can't Keep £2.75M Embezzlement Case Private
A London judge refused Wednesday to hear a case about the embezzlement of £2.75 million ($3.67 million) in barrister fees in private, ruling that the interests of open justice trumped those of Pump Court Chambers.
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September 25, 2024
Foster Carer Wrongfully Dismissed Over Unreported Incident
A home care provider wrongfully fired a project manager for failing to report an incident involving a disabled adult, an employment tribunal ruled, saying there was no policy prohibiting the use of physical restraint.
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September 25, 2024
Pfizer, BioNTech Get New Shot To Ax Moderna's MRNA Patent
Pfizer and BioNTech have won another shot at challenging the validity of one of Moderna's key mRNA vaccines as a judge ruled Wednesday that their appeal had a reasonable prospect of success.
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September 25, 2024
Crypto-Investors Can't Appeal Parts Of £10B Class Action
The Competition Appeal Tribunal has denied crypto-investors permission to challenge its decision to dismiss parts of their claim over the approval of a £9.9 billion ($13 billion) collective action against Binance and other trading platforms.
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September 25, 2024
TSB Wins Early Round In £800M 'Mortgage Prisoners' Case
A group of former Northern Rock customers has lost the initial round of an £800 million ($1.1 billion) group action against TSB Bank PLC, as a London court ruled on Wednesday that the lender that bought their loans did not breach their mortgage contracts.
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September 24, 2024
Ukraine Oil Co. Says Russia Can't Buy Time In $5B Award Suit
Ukraine's state-owned oil and gas company has asked a D.C. federal court not to pause its lawsuit to enforce a $5 billion arbitral award against Russia while set-aside proceedings in the Netherlands play out, arguing that the Kremlin is just stalling.
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September 24, 2024
Pilates Co. Stretches Patent Campaign To ITC
A San Francisco pilates equipment maker has persuaded the U.S. International Trade Commission to hear its patent infringement case against an assortment of companies that one of its lawyers calls "Chinese knockoff artists."
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September 24, 2024
Apple, Amazon Say Funding Sinks £500M Price Fixing Claim
Apple and Amazon urged a London tribunal on Tuesday to dismiss a consumer advocate's £500 million ($669.3 million) price fixing class action, arguing that her funding agreements disqualify her from representing the class.
Expert Analysis
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Bribery Class Action Ruling May Revive Bifurcated Processes
The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.
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Ocado Appeal Outcome Will Gauge UPC Transparency
As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.
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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.