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Commercial Litigation UK
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October 30, 2024
Mortgage Adviser Not Unfairly Sacked Over Fraud Fears
A mortgage adviser who was sacked over concerns that he might have committed fraud by providing false information to lenders and insurers has lost his claim of unfair dismissal, as a tribunal ruled that his employer's decision to fire him was reasonable.
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October 29, 2024
Russia To Fight Seizure Of Assets In $5B Ukraine Oil Row
The Russian Federation is looking to challenge a recent seizure of its state-owned assets in Finland following a successful bid from NJSC Naftogaz of Ukraine, which aims to enforce a $5 billion arbitration award related to the 2014 expropriation of its Crimean assets.
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October 29, 2024
Exam Board Secures First Digital 'Newcomer Injunction'
An exam board has secured the first digital "newcomer injunction" to prevent attempts to distribute its test materials, following a landmark U.K. top court judgment that paved its way last year, the law firm leading the case announced Tuesday.
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October 29, 2024
Ex-Oil Biz Exec Denies Embezzling €144M, Points To Owner
The alleged former chief executive of a Singapore-based petroleum company has denied embezzling €143.8 million ($155 million) for his own benefit and branded the allegations as part of a "vexatious campaign" pursued by another company executive.
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October 29, 2024
Carer Refused Leave To Self-Isolate During COVID Wins £22K
A disabled individual must pay £22,064 ($28,665) for firing a personal carer who left her without assistance after discovering that she might be infected with COVID-19, an employment tribunal has ruled.
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October 29, 2024
Spain Resumes Bid To Enforce €855M Award On Insurers
Spain told an appeals court Tuesday that arbitration proceedings cannot block it from enforcing an €855 million ($925 million) Spanish judgment against marine insurers over a huge oil spill off the coasts of Spain and France.
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October 29, 2024
Nokia, HP End Patent Litigation With Licensing Deal
Finnish telecommunications giant Nokia has inked a multiyear patent-licensing deal with hardware manufacturer HP Inc. over its video technologies, pouring cold water on litigation between the pair in all jurisdictions, it announced Tuesday.
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October 29, 2024
InterDigital Ends Legal Spats With Oppo In Licensing Deal
InterDigital said Tuesday that it has inked a licensing agreement with Chinese smartphone giant Oppo that will bring an end to the cross-border litigation between the companies over patented smartphone technology.
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October 29, 2024
Tribunal Finds 'Tight Trousers' Comment Not Sex Harassment
A National Health Service manager did not sexually harass a staffer by saying he was wearing "tight trousers" amid other managers' concerns over his attire's suitability for the office, a tribunal held in a ruling released Tuesday.
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October 29, 2024
WSJ Articles On $1B Fraud Did Not Contain Criminal Data
Two articles in the Wall Street Journal about court proceedings in the Cayman Islands did not contain criminal offense data, a judge ruled Tuesday, in a preliminary stage of a data protection claim against its publisher over reports on allegations of a $1 billion fraud.
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October 29, 2024
Aldi Toy Supplier Seeks Capped Damages In Jellycat Row
Aldi's toy supplier has told a London court that it is not on the hook to pay excessive damages if its cuddly dragon toy is found to have infringed the copyright for collectible soft toy maker Jellycat's design.
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October 29, 2024
Marine Charity Sues IT Provider After 'Outlandish Allegations'
A maritime navigation charity has sued its former IT provider in a London court, accusing it of making "outlandish and unfounded allegations" to justify suspending access to its own app when the organization tried to switch providers.
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October 29, 2024
Santander Delays Results To Weigh Motor Finance Ruling
Santander said Tuesday that it will delay the publication of its third-quarter results as it seeks to review the implications of a landmark court ruling that lenders must fully disclose to customers the commission that is paid to car dealers.
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October 29, 2024
Samsung Looks To Nix Further Regeneron Eye Med Patents
Samsung Bioepis has joined the queue of pharma companies looking to revoke two key eye medicine patents belonging to Regeneron, arguing in a London court that the treatment is neither new nor inventive.
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October 29, 2024
Ex-Cardiff FC Director's Insurance Voided Over 'False' Claims
An insurance company and its agent have argued that their cancelation of a policy intended to cover the legal costs of a former director of Cardiff City Football Club was valid because he unfairly represented his risk when taking out protection.
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October 29, 2024
SFO Pursues Committal Of Ex-GP Over Luxury Meals, Drinks
A businessman in prison for fraud could face more time behind bars after the Serious Fraud Office accused him on Tuesday of continuing to enjoy a lavish lifestyle despite spending limits imposed after he stole £35 million ($45 million) from a software company.
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October 29, 2024
Stone Cos. Face Claim Over Worker's Terminal Lung Disease
A former stone worker who is in hospital with a terminal lung condition has begun legal action against his former employers, alleging that he developed the disease after inhaling dust while cutting quartz for worktops in unsafe working conditions.
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October 29, 2024
NHS Beats Mother's Bias Claim Over Remote Working Policy
A National Health Service trust in London did not discriminate against a female member of staff by refusing her request to work remotely full-time to care for her young child, a tribunal has ruled.
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October 28, 2024
Russia Says High Court Case May Help Nix $5B Award Suit
Russia has told a D.C. federal court that a case recently accepted for review by the U.S. Supreme Court may provide it a path to argue that the court lacks jurisdiction to decide a case brought against the country by a Yukos Oil Co. unit.
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October 28, 2024
UK Construction Co. Due £3.2M In R&D Credits, Refunds
A construction contractor is entitled to tax credits and refunds totaling over £3.2 million ($4.2 million) after the U.K.'s First-tier Tribunal ruled that its expenditures for research and development were not subsidized or contracted out by another party.
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October 28, 2024
Boxing Ref Can't Revive Bias Case Over Conflict Of Interest
An employment judge has rejected claims that his schoolboy friendship with a boxer led him to favor the sports governing body facing claims of discrimination from a Black referee.
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October 28, 2024
Dexia Can Bring €10M Italian Swap Deal Fight In England
Dexia's €10 million ($10.8 million) interest rate swap deal fight with an Italian asset manager belongs in the U.K. because the pair agreed to resolve their differences through the English courts, a London court has ruled.
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October 28, 2024
Cerberus, Spanish Bank Clash In Asset Dispute At UK Trial
Cerberus kicked off a London trial Monday by accusing one of Spain's largest banks of going "through the looking glass" regarding claims that units of the private equity firm breached investment agreements linked to the bank's Spanish real estate portfolios.
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October 28, 2024
BHP Exec Denies Company Operated Brazilian Mine Biz
A BHP executive said at a £36 billion ($46.6 billion) London trial Monday that the mining giant was not involved in the running of a mine that caused Brazil's worst environmental disaster, arguing it was a mere shareholder in the joint venture.
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October 28, 2024
Actors' Union Sues To Cap Casting Site's Fees
Actors' union Equity has hit casting agency Spotlight with a High Court claim, alleging it is charging actors unfair subscription rates to appear in its directory.
Expert Analysis
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A Look At UK, EU And US Cartel Enforcement Trends
The European Union, U.K. and U.S. competition agencies' recently issued joint statement on competition risks in generative artificial intelligence demonstrates increased cross-border collaboration on cartel investigations, meaning companies facing investigations in one jurisdiction should anticipate related investigations in other jurisdictions, say lawyers at Latham & Watkins.
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Testing The Limits Of English Courts' Pro-Arbitration Stance
Although the Court of Appeal recently upheld a $64 million arbitration award in Eternity Sky v. Zhang, the judgment offers rare insight into when the English courts’ general inclination to enforce arbitral awards may be outweighed by competing policy interests such as consumer rights, say Declan Gallivan and Peter Morton at K&L Gates.
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What Green Claims Directive Proposal Means For Businesses
With the European Union’s recent adoption of a general approach to the proposed Green Claims Directive, which will regulate certain environmental claims and likely be finalized next year, companies keen to publicize their green credentials have even more reason to tread carefully, say Marcus Navin-Jones and Juge Gregg at Crowell & Moring.
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EU Merger Control Concerns Remain After ECJ Illumina Ruling
The recent European Court of Justice judgment in Illumina-Grail is a welcome check on the commission's power to review low-threshold transactions, but with uncertainty persisting under existing laws and discretion left to national regulators, many pitfalls in European Union merger control remain, says Matthew Hall at McGuireWoods.
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£43M Legal Bill Case Shows Courts' View On Exchange Rates
A recent Court of Appeal decision declined to change the currency used for payment of the Nigerian government's legal bill, aligning with British courts' consensus that they should not be concerned with how fluctuating exchange rates might benefit one party over another, says Francis Kendall at Kain Knight.
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Examining The State Of Paccar Fixes After General Election
Following the U.K. Supreme Court's Paccar decision last year, which made many litigation funding agreements for opt-out collective actions in the Competition Appeal Tribunal unenforceable, the judiciary will likely take charge in implementing any fixes — but the general election has created uncertainty, says Ben Knowles at Clyde & Co.
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EU Reports Signal Greenwashing Focus For Financial Sector
Reports from the European Supervisory Authorities on enforcement of sustainability information, plus related guidance issued by the European Securities and Markets Authority, represent a fundamental change in how businesses must operate to maintain integrity and public trust, say Amilcare Sada and Matteo Fanton at A&O Shearman.
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.
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GDPR 6 Years On: Key Points From EU Report
The European Commission’s recent report on the General Data Protection Regulation is clearly positive, concluding that it has brought benefits to both individuals and businesses, but stakeholders are still awaiting essential guidelines on scientific research and important business concerns remain, say Thibaut D'hulst and Malik Aouadi at Van Bael & Bellis.
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UK Mandatory ADR Push Renews Mediation Standards Focus
In the wake of a Court of Appeal decision last year allowing courts to mandate alternative dispute resolution, the push toward mandatory ADR has continued with the aim of streamlining dispute resolution and reducing costs, say Ned Beale and Edward Nyman at Hausfeld.
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2 UK Rulings Highlight Persistent Push Payment Fraud Issues
Two recent High Court decisions, Larsson v. Revolut and Terna DOO v. Revolut, demonstrate that authorized push payment fraud continues to cause headaches for consumers and financial institutions alike, and with forthcoming mandatory reimbursement requirements, more APP fraud litigation can be expected, say lawyers at Charles Russell.
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Decision Shows Cost Consequences Of Rejecting Mediation
An English county court's recent first-instance decision in Conway v. Conway & Meek, which imposed a reduction in costs due to what the judge saw as the defendants' unreasonable refusal to consider mediation, underscores a growing judicial willingness to promote mediation through cost sanctions, say Gerard Kelly and Gearoid Carey at Mason Hayes.
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Duties And Questions To Consider In Expert Witness Selection
A spotlight has recently been shone on the role of expert witnesses due to the ongoing Post Office Horizon IT Inquiry, which should remind all parties to take steps to understand what an expert witness is responsible for and what the selection process should look like, says Toby Hunt at HKA.
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ECJ Cartel Damages Rulings Are Wins For Multinational Cos.
Two decisions from the European Court of Justice last month clarifying the limits of the single economic unit doctrine in cartel damages proceedings will help multinational companies anticipate and prepare for litigation within a narrower band of possible jurisdictions, say lawyers at Linklaters.
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Takeaways From EU's 'Pay Or Consent' Advertising Probe
Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.