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Commercial Litigation UK
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September 12, 2024
Austrian Bank Can't Recover Licence Axed Over AML Controls
The European Union's highest court upheld on Thursday a decision by the bloc's central bank to strip an Austrian lender of its license over alleged anti-money laundering failures and regulatory breaches.
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September 12, 2024
Danish Pharma Co. Is Entitled To VAT Reduction
A Danish pharmaceutical company's mandatory payments for value added tax should lower the company's taxable base, the European Court of Justice ruled on Thursday.
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September 12, 2024
Tesco Cannot Rehire Workers To Cut Pay, Top UK Court Rules
Retail giant Tesco's decision to fire and rehire warehouse workers to remove what it described as a "permanent" pay supplement was a violation of their employment contracts, the U.K. Supreme Court ruled Thursday.
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September 11, 2024
Lloyd's Sued For $3.7M Over Cargo Ship Damaged In Ukraine
An investment and wealth advisory business has sued Lloyd's of London's Belgian unit for over $3.7 million to cover its alleged losses after a cargo ship was damaged by a mine strike in Ukraine.
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September 11, 2024
EU Court Upholds Sanctions On Russian Clearinghouse
Russia's securities clearinghouse has lost its appeal challenging sanctions imposed by the European Union in response to the invasion of Ukraine, after a Luxembourg court ruled Wednesday that the decisions were backed up by evidence.
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September 11, 2024
EasyGroup Loses TMs After Suing For Infringement
A London judge rejected a claim on Wednesday by easyGroup that EasyFundraising Ltd. was infringing its trademarks, as it concluded that the low-cost giant's brands covered different services.
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September 11, 2024
Hotel Worker Can Bring Perimenopause Discrimination Claim
A hotel manager was disabled by perimenopause, an employment tribunal has ruled in the latest claim for protection against workplace discrimination for menopausal women.
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September 11, 2024
MS Charity Liable For Not Assessing Risks To Pregnant Staffer
A multiple sclerosis charity discriminated against a pregnant support officer by failing to run a pregnancy-specific risk assessment for her role, a tribunal has ruled.
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September 11, 2024
Mars Can't Claim For Contaminated Ice Cream, Supplier Says
A food supplier has denied owing confectionery giant Mars Wrigley £1.1 million ($1.4 million) after ice cream became contaminated with an allegedly hazardous pesticide, claiming it didn't need to check for the substance.
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September 11, 2024
Barrister Accused Of Groping Paralegal At Work Dinner
A barrister with One Essex Court groped a legal assistant during a work dinner, the Bar Standards Board told a tribunal Wednesday.
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September 11, 2024
Agricultural Co. Can't Nix Rival's IP Rights Over Mandarins
A European Union court said Wednesday that a French company can keep its plant breeding rights over Nadorcott mandarins, chucking its rival's claim that the variety is not novel.
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September 11, 2024
Solaris Sues Binance For €144M After Debit Card Deal Axed
Online banking group Solaris has sued Binance in London for €144 million ($159 million) it claims to be owed in guaranteed fees after the cryptocurrency exchange operator terminated an agreement for the provision of debit cards to customers of Binance companies.
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September 11, 2024
Freelancer Loses Unfair Dismissal Case Against Al Jazeera
An employment tribunal has ruled that Al Jazeera did not push a Zimbabwean journalist to quit when he had finished working on an investigative series about gold-smuggling because he was not an employee at the time.
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September 11, 2024
Ex-PE Boss Denies Owing Fee For €150M Investment In Fund
A former partner at private equity firm TPG has denied that he owes an asset adviser any fees for securing an alleged €150 million ($165 million) investment in his own fund.
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September 11, 2024
Doctor Gets OK To Sue Despite Calling Exec 'Evil Bastard'
A doctor who swore at a hospital boss in public can still bring his claim against a National Health Service trust, after an employment tribunal ruled that he was not likely to repeat his actions with any other witnesses in the case.
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September 11, 2024
Ex-Simpson Millar Pro Can't Use Privilege Docs In Ouster Spat
Documents detailing failed settlement negotiations between a former director at Simpson Millar LLP and the firm are inadmissible in the solicitor's claim that he was unduly coerced in the lead-up to his dismissal, an employment tribunal has ruled.
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September 11, 2024
Latham Hires Senior Tax Pro From Travers Smith In London
Latham & Watkins LLP said on Wednesday that it has recruited a former head of tax at Travers Smith LLP for its office in London, a blow for the U.K. law firm, which has been hit by the departure of a series of partners.
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September 11, 2024
Oil Biz Sues Ex-Chief Exec For Allegedly Embezzling €144M
A Singapore-based petroleum company has accused its former chief executive and "de facto" chief financial officer of embezzling €143.8 million ($158.8 million) to pay for the acquisition of North Sea oil assets, according to a legal claim filed in London.
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September 10, 2024
UK Court OKs Nix Of Partners' Tax Deduction For Amortization
A lower court was correct in ruling that a trio of U.K. entities that formed a limited liability partnership cannot take a tax deduction for the amortization of intangible assets they contributed to the LLP against their share of the profits, the Upper Tribunal ruled.
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September 10, 2024
TPG, Rosatom Seek To Bar Jailed Oligarch's $14B Fraud Claim
Russia's state atomic energy corporation and private equity firm TPG Group on Tuesday urged a London judge to block an imprisoned oligarch's $14 billion fraud conspiracy claim over the alleged seizure of his port and transport businesses led by the Russian state.
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September 10, 2024
Boxing Biz Denies Agreeing To Co-Promote Axed Tournament
A boxing promoter has denied damaging the reputation of a rival after failing to pay it for co-promoting a tournament that had to cancel its finals, claiming it never entered a $1.2 million deal to promote and exploit bouts between fighters with huge internet followings.
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September 10, 2024
Professor Wins £72K After University Botches Redundancy
An employment tribunal has ordered a university to pay £72,487 ($94,800) to an English professor after it failed to restart a redundancy process despite changing its proposal to staff in a major way.
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September 10, 2024
Symbion Claims 'Serious Defects' In Power Plant Arbitration
A U.S. power engineering company has urged a New York federal court to rip up an arbitral award issued over a sourced project in Madagascar, arguing that the process was tainted by "a myriad of serious defects" that led to an unfair decision.
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September 10, 2024
Middle Temple Beats Catering Head's Unfair Dismissal Claim
The former head of catering at one of London's four inns of court has failed in his unfair dismissal claim, as a tribunal found on Tuesday that the professional association for barristers had treated him fairly during the redundancy process.
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September 10, 2024
Cult Gaia Importer Beats Champagne Bid To Bar Dress Sales
A Dutch importer of Cult Gaia dresses has seen off a bid from a body representing the Champagne region's interests to bar it from selling "champagne" colored dresses after a court ruled it was clear it had no connection to the sparkling wine.
Expert Analysis
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.
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Examining The EU Sanctions Directive Approach To Breaches
In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.
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Trends, Tips From 7 Years Of EPO Antibody Patent Appeals
Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.
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4 Takeaways From Biotech Patent Invalidity Ruling
The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.
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Why Reperforming Loan Securitization In UK And EU May Rise
The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.
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What French Watchdog Ruling Means For M&A Landscape
Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.