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Commercial Litigation UK
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June 14, 2024
Top Court To Face Tough IP Questions On Post-Kitchin Bench
The appellate courts will continue to be plagued by tough questions about intellectual property law unless Parliament intervenes after the election, experts told Law360, as artificial intelligence and complex questions about technology and ownership of inventions continue to percolate up towards the top courts.
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June 14, 2024
Malicious Falsehood Ruling Casts Doubt On Law's Efficacy
A decision by the U.K.'s highest court refusing to award damages without proof of financial loss in a malicious falsehood claim has called into question the effectiveness of a law designed to make claims easier to bring.
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June 14, 2024
Ex-Chelsea FC Employee Loses Bid To Toss Harassment Loss
A former Chelsea Football Club Ltd. groundsman lost his battle in a London court Friday to overturn a ruling that he had forfeited his chance to defend against his ex-employer's harassment claim after a judge said he had "no real answer" for not responding to the club.
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June 14, 2024
Swiss Re, Chubb Deny Liability In £13B Stranded Planes Feud
Swiss Re and Chubb have denied that they are liable for aircraft detained in Russia after it invaded Ukraine amid a slew of claims totaling £13 billion ($16.5 billion), telling a London court that their insurance policies do not cover the fallout of war.
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June 14, 2024
Judge Wins OK To Challenge Secretive Appointment Process
A district court judge has won permission to bring her case that a secretive part of the process for appointing judges is unlawful, after the Court of Appeal ruled that a judicial review is in the public interest.
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June 14, 2024
Sony Accountant Loses £750K Equal Pay Claim
A former PlayStation accountant has lost her claim for sex and race discrimination and unfair dismissal, with a tribunal finding that her complaints against Sony were "routine workplace issues" that did not constitute discrimination.
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June 14, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen toy company Jellycat hit supermarket Aldi with an intellectual property claim, AIG start proceedings against firefighting foam company Angus International Safety Group, and the Solicitors Regulation Authority file a legal claim against the Post Office amid the ongoing Horizon IT scandal. Here, Law360 looks at these and other new claims in the U.K.
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June 14, 2024
Richard III Film Defamed University Chief As Patronizing
A movie produced by Steve Coogan that depicts the search for the remains of King Richard III is defamatory because it presented a former university executive as dismissive and patronizing, a judge at a London court ruled on Friday.
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June 14, 2024
EasyGroup Says Charity Platform Website Breached Its TM
The parent group of the easyJet budget airline said on the first day of trial Friday that an online fundraising platform for charities' use of "easy" at the start of its name could lead customers to confuse it with EasyGroup Ltd. 's trademark.
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June 14, 2024
Fired Teacher Wins £61K For Menopause Bias
A Scottish council must pay £61,074 ($77,300) for firing a teacher who refused to transfer to a school for kids with behavioral difficulties because it worsened her menopausal symptoms and anxiety, an employment tribunal has ruled.
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June 14, 2024
UK Broker Denied Supreme Court Hearing Over Cum Ex Raids
Judges at a London court refused on Friday to allow a brokerage to challenge at the U.K. Supreme Court findings that a raid on its London office during an investigation into tax fraud in 2022 was legal, finding that the "outcome of any appeal would be no different."
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June 14, 2024
Fundraiser Wins Appeal Over Charity's Redundancy Process
A fundraiser has won his challenge over the fairness of his redundancy from a religious charity, convincing an appeals tribunal that a judge had earlier failed to consider the integrity of the selection process.
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June 14, 2024
Bitcoin 'Inventor' Drops Case Against Software Developers
Lawyers for the man who failed to prove he invented bitcoin told a London court on Friday that he has dropped a case brought by his company against software developers as it also turned on his claim to be the pseudonymous inventor of the virtual currency.
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June 14, 2024
EU Transfer Pricing Law To Involve Basic Rights, Prof Says
A proposed European Union law on transfer pricing would, if adopted, mean the EU's charter of fundamental rights became relevant to transfer pricing disputes, a tax professor said Friday.
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June 13, 2024
Trans Swimmer's Quest To Overturn Ban Denied By Panel
American swimmer Lia Thomas, a transgender woman attempting to compete in the Summer Olympic Games in Paris next month, has lost in her bid to the international Court of Arbitration of Sport to overturn the ban on her eligibility by the world swimming governing body.
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June 13, 2024
JP Morgan Had No Incentive To Devalue Fintech Joint Venture
J.P. Morgan had no reason to devalue a payment company it co-owned with fintech business Werealize, a London judge ruled Thursday, in a decision that ended the companies' dispute over the investment bank's option to buy out its partner's stake in their joint venture.
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June 13, 2024
Black Support Worker Revives 'Monkey' Discrimination Case
A Black African care support worker has rekindled his discrimination complaint over a manager allegedly calling him a "monkey," convincing the Employment Appeal Tribunal that an earlier judge skipped over the specific use of the term that his claim related to.
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June 13, 2024
Prison Officer Loses Sex Bias Claim Over Deadline Lapse
An officer at a prison for young men would have won his sex discrimination claim after getting suspended over sexual harassment allegations had he filed it on time, an Employment Tribunal has ruled.
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June 13, 2024
Fladgate Blames Client's Wrong Instructions On $26.5M Loss
Fladgate LLP has denied owing an investment fund an estimated $26.5 million for allegedly giving negligent advice, saying the client aiming to recover money owed under bonds supplied incorrect information from the outset.
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June 13, 2024
How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case
A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.
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June 13, 2024
Angolan Billionaire Dos Santos Fights £580M Asset Freeze
The daughter of Angola's former president argued at the Court of Appeal Thursday that the wrong legal test had been applied when telecoms operator Unitel SA secured a £580 million ($740 million) freezing order against her assets.
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June 13, 2024
NHS Argues 'English Nationalism' Isn't Protected Belief
A National Health Service trust urged an appellate tribunal on Thursday to reject a former employee's argument that his "English nationalism" should be considered a protected belief under employment law and that he therefore should not have been dismissed from his job.
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June 13, 2024
Cleaner's Transfer Claim Was Ignored, Appeals Court Rules
An appellate judge has given a cleaner a second shot at her unfair dismissal claim because a tribunal failed to consider whether her dismissal was connected to her move from one staffing business to another.
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June 13, 2024
UK Digital Markets Law Will Spur Group Consumer Litigation
Hastily passed legislation that equipped the competition regulator with the clout to punish companies for breaches of consumer protection will probably spur litigation, lawyers say, although claims will be limited for now after the proposal to extend the class action scheme was abandoned.
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June 13, 2024
Lawyer Struck Off For Fake Immigration Application Claims
A solicitor who was imprisoned for helping clients make bogus immigration applications to remain in the U.K. was struck off by a tribunal Thursday.
Expert Analysis
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How European Authorities Are Foiling Anti-Competitive Hiring
Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.
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When Can Bonuses Be Clawed Back?
The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.
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The State Of UK Litigation Funding After Therium Ruling
The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.
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Trial By AI Could Be Closer Than You Think
In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.
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Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds
With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.
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Nix Of $11B Award Shows Limits Of Arbitral Process
A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.
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How The Netherlands Became A Hub For EU Class Actions
As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.
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Navigating The Novel Challenges Facing The Legal Profession
The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.
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New Fixed Costs Rules May Have Unforeseen Consequences
The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Oil And Gas Case Highlights Judicial Review Climate Trends
Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.
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Collapse-Risk Buildings Present Liability Challenges
Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.
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Age Bias Cases Illustrate Key Employer Issues On Retirement
Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.
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Why Indonesia Feels Frustrated By Airbus Dispute Outcome
Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.