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Commercial Litigation UK
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November 19, 2024
Litigation Funder Can't Arbitrate German Biz's Discovery Bid
A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.
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November 19, 2024
Cuban Bank Can't Block Fund's €72M Debt Claim
Cuba's former central bank can't block an offshore fund from suing it for over €72 million ($76.2 million) of unpaid sovereign debt because the lender authorized the assignment of the debt to the fund, a London appeals court ruled Tuesday.
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November 19, 2024
Furniture Warehouse Worker Wins Unfair Sacking Claim
A furniture warehouse worker has won about £16,000 ($20,000) on his unfair dismissal claim before an English employment tribunal, which found the business had not properly investigated allegations that he had used a company van without permission.
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November 19, 2024
Court Staffer Fired For Bad Performance, Not Race
An usher who left an East London courtroom unattended, allowing a member of the public to enter and "violently throw a holy book on the court floor," has lost her race discrimination case after a tribunal found that she was dismissed because of her performance.
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November 19, 2024
Part-Time High Court Judges Lose Claim For Better Pay
Judges who sometimes "sit up" on more senior High Court cases cannot legally be considered part-time workers, an employment tribunal has ruled, quashing their discrimination claim.
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November 19, 2024
UKIP Support Is Not A Protected Belief, Tribunal Rules
A charity beat claims that it discriminated against a former employee after an employment tribunal ruled that supporting the right-wing U.K. Independence Party and opposing halal meat aren't protected beliefs.
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November 19, 2024
Russian Pipeline Giant Fights Oligarch's Conspiracy Claim
Lawyers for Russian pipeline giant PJSC Transneft urged a London court Tuesday to toss out a claim by a jailed oligarch accusing it of foul play in a sale of shares, saying the deal was above board and approved by shareholders.
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November 19, 2024
BNP Paribas Not Liable For Halted Skyscraper Asbestos Work
BNP Paribas is not on the hook for a broken deal with a contractor that claimed the company prevented it from carrying out necessary work after asbestos was found in a Manchester skyscraper, a London court has ruled.
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November 19, 2024
Lenovo Can't Force Ericsson Into Short-Term 5G SEP License
A London court dealt a blow on Tuesday to Lenovo's hopes of getting a short-term license to use Ericsson's essential 5G patents, as it refused to declare that a "willing licensor" in Ericsson's shoes would offer a deal.
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November 19, 2024
Student Wins Sexual Harassment Case Against Bar
A tribunal has upheld claims for discrimination and sexual harassment by a student bartender after her line manager mimicked putting a banknote down her cleavage on a staff night out.
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November 19, 2024
Royal Mail Dodges Deaf Postal Worker's Discrimination Claim
Royal Mail has swerved a former postwoman's claim that it discriminated against her based on her deafness, persuading a tribunal that she brought the claim too late.
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November 18, 2024
Panama Foundations Fight Jurisdiction In $3.7B Asset Row
Two Panama-based foundations caught up in an international dispute over a late Russian oligarch's $3.7 billion fortune urged a London court to reject arguments they defrauded his daughter out of ownership of a company, arguing Panamanian courts had ruled against her.
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November 18, 2024
LED Face Mask Biz Can't Avoid Trial Over NDA Breach Claims
A London court refused to grant summary judgment Friday to a tech company that sells LED face masks, ruling that it would have to face claims that it violated a nondisclosure agreement by registering a rival's designs.
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November 18, 2024
Temp Wins 2 Years' Back Pay After Holiday Pay Ruling
An appellate judge has ruled that a temp worker can claim back two years of holiday pay from her former employer after the U.K. Supreme Court ruled removed a limit barring pay claims that had more than a three-month gap between underpayments.
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November 18, 2024
HMRC's £167M Charges To Reuters Group Deemed Lawful
A London court backed HM Revenue & Customs in a case over more than £167 million ($212 million) in diverted profits tax charges issued to U.K. companies in the Thomson Reuters media group.
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November 18, 2024
Japanese Trader Says Ex-Manager Fired For Policy Breach
A Japanese securities trading giant has hit back against a claim for approximately £4.2 million ($5.3 million) by a former senior manager, saying it was entitled to dismiss him for disclosing a confidential employee complaint.
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November 18, 2024
Aldermore Analyst Loses Bid For Pay Over Alleged IP Breach
A bank analyst can't get compensation as she accuses Aldermore Bank of punishing her for whistleblowing about a data breach, after an employment tribunal ruled that her claims would likely fail at trial.
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November 18, 2024
Royal Mail Unfairly Dismissed Postman Over 'Air Kiss'
An employment tribunal has ruled that Royal Mail unfairly fired a postman after it failed to properly investigate accusations of sexual harassment against him and ignored his apology.
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November 18, 2024
Retailers Passed On Swipe Fees To Shoppers, Visa Says
Retailers suing Visa over charging unlawful interchange fees should get only limited damages because they mitigated their losses by passing on the cost of the fee to consumers, the card company told a tribunal on Monday.
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November 18, 2024
Fletchers Hits £100M Turnover Amid Personal Injury Boost
Fletchers Group said on Monday that it will continue to expand after its turnover hit the £100 million ($126.4 million) mark and revenues and profits soared by double digits in its latest financial results.
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November 18, 2024
Barclays To Pay £50K After Boss Called Female Staff 'Birds'
A tribunal has ordered the wealth management division of Barclays to pay almost £50,000 ($63,200) to a former analyst after she won her claims for sex discrimination by her manager and a failure by the bank to adjust her hours to accommodate her disabilities.
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November 18, 2024
Manufacturer Blamed For No Cover In £2M Tool Theft Loss
The failure by a British manufacturer of pipe seals and gaskets to disclose that it kept its tools outside its main factory when it arranged insurance meant it did not have cover when thieves stole the "valuable" items, an insurance broker has argued.
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November 19, 2024
CORRECTED: Seller Sues Property Developer For Trust Funds
A property owner and his trustees have alleged that a home developer owes them more than £500,000 ($632,000) after the sale of a property, claiming the business tried to take advantage of an "obvious" drafting error to pay them less. Correction: A previous version of this article misstated Mishcon de Reya's role in the case. This has been corrected.
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November 18, 2024
Regeneron Says Samsung Eye Med Biosimilar Will Infringe IP
Regeneron has struck back against a bid by Samsung Bioepis to revoke two of its eye medicine patents, telling a London court that its rival's planned biosimilar will result in infringement.
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November 15, 2024
Sidhu's Power Held Woman In Hotel Room, She Testifies
A woman who has accused former Criminal Bar Association Chair Jo Sidhu KC of sexual misconduct told a disciplinary tribunal Friday that the barrister's seniority and influence stopped her from leaving a hotel room where she alleged that he touched her.
Expert Analysis
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Review Of EU Cross-Border Merger Regs' Impact On Irish Cos.
Looking back on the year since the European Union Mobility Directive was transposed into Irish law, enabling Irish and European Economic Area limited liability companies to participate in cross-border deals, it is clear that restructuring options available to Irish companies with EU operations have significantly expanded, say lawyers at Matheson.
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Decoding Arbitral Disputes: Spanish Assets At Risk Abroad
The recent seizure of a portion of London Luton Airport after an English High Court ruling is the latest installment in a long-running saga over Spain’s failure to honor arbitration awards, highlighting the complexities involved when state-owned enterprises become entangled in disputes stemming from their government's actions, says Josep Galvez at 4-5 Gray's Inn Square Chambers.
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Comparing Apples To Oranges In EPO Claim Interpretation
A referral before the Enlarged Board of Appeal could fundamentally change the role that descriptions play in claims interpretation at the European Patent Office, altering best drafting practices for patent applications construed there, say lawyers at Finnegan.
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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.