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Commercial Litigation UK
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June 12, 2024
Uniper Claims €13B Win In Gazprom Gas Supply Fight
German energy company Uniper said Wednesday that it has been awarded more than €13 billion ($14 billion) by a Swedish arbitration tribunal after the Russian government-controlled natural gas giant Gazprom cut off gas deliveries in mid-2022.
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June 12, 2024
Russia Says $208M Ukrainian Utility Award Can't Be Enforced
Russia has asked a D.C. federal court not to enforce a nearly $208 million arbitral award issued to a Ukrainian electric utility after the Kremlin seized its Crimean assets, saying the arbitration in the underlying dispute was invalid.
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June 12, 2024
Ex-Serco Chair Says Contract Fraud 'Came Out Of The Blue'
Serco's former chair said at a London trial Wednesday that the scandal of its overbilling for government contracts left a "cloud" hanging over the outsourcing multinational, as the company clashes with investors seeking to recover their losses from the resulting plunge of its stock price.
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June 12, 2024
SRA Files Legal Claim Against Post Office
The Solicitors Regulation Authority has filed a legal claim against the Post Office as part of its ongoing investigation into the Horizon IT wrongful prosecution scandal.
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June 12, 2024
Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge
Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.
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June 12, 2024
Trustpilot Dodges Law Firm's Bad Review Libel Claim
Trustpilot on Wednesday won its attempt to block a debt recovery law firm's libel claim, convincing a London court that there was no prospect of proving that bad reviews on its website cost the firm a contract with Three Mobile.
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June 12, 2024
Reinsurers Escape $41M Claim Over Taliban Warehouse Loss
A logistics company that lost its warehouse to the Taliban cannot claim $41 million from reinsurers because under the "clear wording" of its policy it was not covered for loss caused by seizure, a London court ruled Wednesday.
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June 19, 2024
Top Indian Advocate Becomes 3VB Full-Time Tenant
An eminent advocate who once held the second-highest legal post in India became a full tenant at 3 Verulam Buildings, after he had spent more than a decade as an associate member.
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June 12, 2024
BHS Ruling A 'Coup For Liquidators' Over Director Duties
A landmark ruling that found two directors liable for the collapse of a U.K. retailer and ordered them to repay a chunk of the losses highlights the limited reliance that directors can place on professional advice and a lack of experience to avoid responsibility.
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June 12, 2024
Investors To Sue Betting Giant For £100M Over Bribery Probe
Entain PLC, the owner of gambling businesses Ladbrokes and Coral, is set to face a £100 million ($128 million) legal battle from institutional investors who say Entain did not warn them about a prosecution over its alleged failure to prevent bribery in Turkey.
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June 12, 2024
Anheuser's TM 'Ultra' No More As EU Court Sides With Amstel
Amstel on Wednesday was successful in persuading a European Union court to overturn a ruling that Anheuser-Busch's "Ultra" beer trademark is distinctive, proving that it's a generic term that does not merit protection.
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June 12, 2024
Sony Music Unit Sued By Label Over Viral TikTok Hit
Sony Music unit Ministry of Sound Records has been hit with a copyright claim by a U.K. record label for releasing a version of artist Jay Sean's 2008 hit "Ride It" after a DJ's remake went viral on TikTok.
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June 12, 2024
Tour De France Loses Fight Against Gym's 'Tour De X' TM
The organizer of the Tour de France cycle race lost its challenge against a German gym chain's "Tour de X" trademark Wednesday, after a European court ruled that many cycling competitions use the words "tour de."
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June 12, 2024
Gymbox Owner Takes Hit In Wage Spar With Ex-Trainer
London's Gymbox chain must face claims that it owes a personal trainer unpaid wages after an employment tribunal found that the instructor wasn't self-employed during specific tasks, despite contracts indicating that he was.
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June 12, 2024
Automakers Safe From French Law In 'Dieselgate' Disclosure
Vehicle manufacturers including Renault and Peugeot Citroen that face thousands of "dieselgate" claims for allegedly cheating car emission tests are not at any risk of criminal prosecution in France while disclosing evidence before trial in England, a London court has ruled.
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June 12, 2024
Argentina Loses Appeal Over €1.3B Payment In Bonds Dispute
Argentina cannot avoid paying out €1.3 billion ($1.4 billion) to bondholders for wrongly adjusting the way it calculates yields for government securities as a London appeals court rejected on Wednesday its construction of a contractual dispute.
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June 12, 2024
Google's GPay TM Gets Declined In Europe
Google lost its appeal on Wednesday after seeking to revive its "GPay" trademark for electronic payment services as a European court ruled that a Bulgarian rival had already cornered the digital market with "ePay."
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June 12, 2024
Female Marketer Unfairly Barred From Meeting Over Gender
A wastewater company harassed its marketing director based on her sex by banning her from a meeting with a Japanese prospective buyer because of the East Asian country's perceived culture of eschewing women in such scenarios, a tribunal has ruled.
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June 12, 2024
Recruitment Agency Boss Wins Libel Appeal At Top UK Court
A recruitment boss and her agency won an appeal against a former employee's libel claims on Wednesday as the highest U.K. court ruled that claimants cannot recover damages for injury to feelings if they do not also suffer financial loss.
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June 11, 2024
PC Gaming Giant Valve Faces £656M Action For Overcharging
Valve Corp., owner of the world's largest video game distribution platform, Steam, has been hit with a proposed £656 million ($836 million) class action for allegedly overcharging 14 million PC gamers in the U.K., the digital rights campaigner filing the claim announced Wednesday.
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June 11, 2024
UniCredit Overturns $69M Plane Payment Sanctions Ruling
UniCredit was entitled to withhold $69.3 million in payments to lessors for Russian planes because of sanctions, a London appellate court ruled Tuesday, partly overturning findings that it was not reasonable for the bank's U.K. branch to believe it could not make the payments.
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June 11, 2024
KC Advised Post Office To Remove Judge From Horizon Trial
A top barrister advised the Post Office to get a High Court judge to recuse himself from a trial dealing with wrongly prosecuted subpostmasters or else risk losing all litigation brought by the subpostmasters, the barrister recalled in an inquiry hearing Tuesday regarding the scandal.
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June 11, 2024
Lenovo Knocks Bid To 'Treble' Payment For SEPs
Lenovo hit back at InterDigital's contentions that a landmark patent ruling underestimated what the Chinese company should pay to license its essential wireless technology patents, claiming that the bid to "essentially triple" the sum should be thrown out.
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June 11, 2024
Alaska Airlines Loses Fight To Dodge $160M Virgin Royalties
Alaska Airlines lost its fight against Virgin on Tuesday to avoid paying $160 million in royalties, with a London appeals court ruling that the carrier still had to pay even if it did not use Virgin's branding.
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June 11, 2024
Tories Pledge To Tackle Court Backlog, Carry On Rwanda Plan
The Conservative Party announced a slew of justice plans on Tuesday to cut the criminal court backlog, support third-party litigation funding and abandon international human rights commitments, if necessary, to pursue its Rwanda migrants policy.
Expert Analysis
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UAE Bank Case Offers Lessons On Enforcing Foreign Rulings
The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.
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9 Hallmarks Of The New German Class Action Regime
By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.
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Protecting The Arbitral Process In Russia-Related Disputes
Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.
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Examining US And Europe Patent Disclosure For AI Inventions
As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.
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Incontinence Drug Ruling Offers Key Patent Drafting Lessons
In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.
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Putin Ruling May Have Unintended Sanctions Consequences
By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.
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EPO Decision Significantly Relaxes Patent Priority Approach
In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.
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Landmark EU Climate Case May Shape Future Disputes
The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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Bias Claim Highlights Need For Menopause Support Policies
The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.
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UK Case Offers Lessons On Hiring Accommodations
The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.
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Shifting From Technical To Clear Insurance Contract Wordings
Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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How Employers Can Support Neurodiversity In The Workplace
A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.
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What's In The Plan To Boost Germany's Commercial Litigation
Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.