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Commercial Litigation UK
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July 17, 2024
Amlin Ducks Liability Over $47M Award On 'Pay First' Clause
A London court has ruled that MS Amlin Marine NV does not have to pay out to a company it insured, as that business has not yet paid a $47 million arbitration award it owes in damages over a vessel that grounded in the Solomon Islands.
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July 17, 2024
Italian Designer's Historic 'Belfe' TM Saved On Appeal
A European court upheld a historic Italian sportswear company's "Belfe" trademark Wednesday, finding there was ample proof that it had used the mark to sell thousands of clothing items despite a rival's claim the brand hadn't been using it.
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July 17, 2024
Labour Revives Arbitration Bill To Reform £2.5B Industry
The U.K. will introduce a new Arbitration Bill reviving legislation shelved in the runup to the election as part of plans to support the country's position as an international center for dispute resolution, the government said in the King's Speech on Wednesday.
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July 17, 2024
Thom Browne Says Adidas Hasn't Earned Stripes In TM Spat
New York fashion brand Thom Browne accused Adidas on Wednesday of trying to monopolize any use of a three-stripe design in clothing and footwear as a trial got underway in London over the multijurisdictional trademark dispute.
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July 17, 2024
TikTok Loses 1st Challenge Against EU Big Tech Law
TikTok lost its bid to escape European Union digital market rules on Wednesday, when the bloc's General Court found the social media platform's global market value shows the company has significant potential to make money from European users.
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July 17, 2024
Venom Vocalist Sues Bandmate For Copyright Infringement
Heavy-metal singer Conrad Lant has sued his former Venom band-mate, arguing that drummer Anthony Bray and a music distributor were infringing his copyright by selling merchandise stamped with his designs.
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July 16, 2024
Atty Seeks Protection From 'Swords Of Damocles' In $4B Fight
A private wealth solicitor fought Tuesday in a London court to remove "Swords of Damocles" hanging over him after he was appointed as the representative of a late Russian billionaire's estate in the latest chapter of a $1 billion dispute over the businessman's $3.7 billion fortune.
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July 16, 2024
Self-Styled Bitcoin Founder Could Face Criminal Prosecution
A London judge referred Craig Wright to prosecutors on Tuesday for potential perjury charges after concluding that the Australian computer scientist had repeatedly lied about inventing bitcoin for financial gain.
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July 16, 2024
Transgender Judge's Exit Illustrates Bench's Diversity Woes
The resignation of Victoria McCloud, Britain's only transgender judge, has opened up a debate over just how diverse the judiciary really is. She tells Law360 that "if you're a minority, and you're at risk of being vilified, the support simply isn't there."
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July 16, 2024
Bude Nathan Says Ex-Client Understood Joint Venture's Terms
Property solicitors Bude Nathan Iwanier LLP has claimed that an elderly former client the firm advised on a failed joint venture was an experienced property investor, denying accusations that it failed to warn him that the project was one-sided and dangerous.
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July 16, 2024
Nigerians Claim Right To Sue Leigh Day For Oil Spill Victims
A Nigerian argued to the High Court on Tuesday that he can sue Leigh Day for negligence on behalf of oil spill victims in his country after a judge refused to adjourn the trial for a second time over the claimants' lack of counsel.
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July 16, 2024
Lawyer Faces Tribunal Over 'Fraudulent' £1M Gov't Loan
The solicitors' watchdog accused a lawyer on Tuesday of entering into a fraudulent loan agreement when she allegedly falsely claimed that her corporate client had secured £1 million ($1.3 million) in private investment that was being held in her law firm's client account.
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July 16, 2024
Uber Loses Court Of Appeal Tussle Over Taxi Contracts
Private hire vehicle operators outside London do not need to contract directly with their customers to provide taxi services, a London appeals court has ruled, overturning a decision that threatened to abolish the agency business model.
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July 16, 2024
Gov't Launches Review Of Personal Injury Compensation Rate
The Labour government has announced a review of the personal injury discount rate in a move that could have a knock-on effect for insurance premiums for motorists.
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July 16, 2024
Donre Advisory Enters Liquidation After FCA Scrutiny
The Financial Conduct Authority said Tuesday that Donre Advisory Ltd. has entered liquidation two months after it stopped the inadequately resourced investment adviser from conducting business.
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July 16, 2024
Axiom On Hook Again For Ex-Staffer's Unpaid Wages
Axiom Ince must pay £1,125 ($1,458) in missed earnings to one of its former employees, a tribunal held in a ruling published on Tuesday after a series of similar decisions against the law firm, which collapsed in 2023.
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July 23, 2024
Disputes Boutique Hires Fladgate Insolvency Pro As Partner
Alius Law has hired an insolvency and restructuring partner from Fladgate LLP as it looks to build up its financial services practice in London — and the disputes boutique wants to tempt more senior litigators to leave behind the "constraints" of larger firms.
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July 16, 2024
Top UK Court Rules Deal Advice Fees Are Not Tax Deductible
Britain's Supreme Court ruled Tuesday that £2.5 million ($3.2 million) paid in advisory fees by an investment company to Deutsche Bank and others is not tax-deductible as the expenses were "capital in nature" spent trying to dispose of a Dutch business.
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July 15, 2024
Care Workers' Vaccine Preference Can't Top Residents' Safety
An employment appeals panel has affirmed that a healthcare provider's mandatory COVID-19 vaccine policy did not infringe a group of care home workers' human rights, ruling that they were justifiably sacked because the company had a right to protect its residents.
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July 15, 2024
Security Biz's Contract Breach Forced Bullied Officer To Resign
A security officer was forced to quit after bosses continuously ignored his complaints about colleagues who were bullying him and arriving late to their shifts, an employment tribunal has ruled.
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July 15, 2024
ATM Network Says 'Link' TM Extensively Used In UK
The main ATM network in the U.K. has hit back at Stripe over allegations that its trademark name "Link" should be revoked for lack of use and said the mark has been employed extensively within the country.
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July 15, 2024
AstraZeneca Unit Defends Soliris Patent Against Invalidity Bid
Alexion has hit back at a claim by Amgen that its patent over Soliris is invalid, arguing in a London court that the formula for the rare blood disease treatment was not obvious based on earlier patents and publications.
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July 15, 2024
Daily Mail Wins Bid To Ax Green Industrialist's Libel Case
The publisher of the Daily Mail newspaper won its fight to dismiss a £100,000 ($129,800) libel claim by a green energy tycoon on Monday after a judge ruled that it was not "potentially viable" because it was over only part of an article.
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July 15, 2024
Nigerian Oil Spill Victims Can't Put Off Leigh Day Trial
A judge declined on Monday to adjourn the case of Nigerian villagers suing Leigh Day over the negotiation of a £55 million ($71 million) settlement with a Shell subsidiary, saying that the claimants had failed to explain why they were not ready on the first day of trial.
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July 15, 2024
BHP, Vale To Split Damages 50/50 Ahead Of £36B Dam Trial
Mining giants BHP and Vale have agreed to equally share the cost of any damages awarded to hundreds of thousands of claimants in legal proceedings in England, the Netherlands and Brazil over a dam disaster operation that killed 19 people.
Expert Analysis
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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The Outlook For UK Restructuring Plans At Home And Abroad
The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
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The Top 7 Global ESG Litigation Trends In 2023
To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.
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Proposed Amendment Would Transform UK Collective Actions
If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.
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Employment Law Changes May Increase Litigation In 2024
As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.
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How 'Copyleft' Licenses May Affect Generative AI Output
Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.
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UK Compulsory Mediation Ruling Still Leaves Courts Leeway
An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.
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Russia Ruling Shows UK's Robust Jurisdiction Approach
An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.
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PPI Ruling Spells Trouble For Financial Services Firms
The Supreme Court's recent decision in Canada Square v. Potter, which found that the claimant's missold payment protection insurance claim was not time-barred, is bad news for affected financial services firms, as there is now certainty over the law on the postponement of limitation periods, rendering hidden commission claims viable, say Ian Skinner and Chris Webber at Squire Patton.
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UPC Decision Highlights Key Security Costs Questions
While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.