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Commercial Litigation UK
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June 06, 2024
Retailers Filing £1B Data Misuse Class Action Against Amazon
Retailers said Thursday they are set to file a £1 billion ($1.3 billion) class action against Amazon in London, accusing it of illegally misusing their data to boost its sales and profits.
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June 06, 2024
Labour Drops Antisemitism Report Leak Claim On Ex-Staffers
The Labour Party dropped on Thursday its legal claims against five former employees who it said conspired to leak a damning report on how its internal disciplinary body mishandled allegations of antisemitism and undermined its leader at the time, Jeremy Corbyn.
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June 05, 2024
Saudi Investor Bids To Revive Legal Costs Claim Against RLS
A Saudi Arabian property investor urged a London judge Wednesday to revive his claim against a law firm to recover the costs of investigating and litigating an alleged £35 million ($44.6 million) fraud by a former property business partner that settled mid-trial.
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June 05, 2024
Binance Fights To Ax Crypto Investors' £9B Delisting Claim
The cryptocurrency exchange Binance asked a U.K. tribunal on Wednesday to strike out a £9 billion ($11.5 billion) claim brought by investors who say the exchange illegally colluded with other trading platforms to delist the Bitcoin Satoshi Vision cryptocurrency.
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June 05, 2024
Swiss Bank Escapes Investor's Unlawful Conspiracy Claim
Lombard Odier has partially succeeded in blocking the claims of an investor who says the private bank withheld inside information about the merits of a British nanotech company's U.S. legal dispute with Samsung to convince him to buy shares in the company just before its price tanked.
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June 05, 2024
McDonald's Loses 'Big Mac' TM Rights Over Poultry In EU
A European Union court on Wednesday stripped McDonald's of its right to use the "Big Mac" trademark on chicken sandwiches in the bloc, ruling that the fast food giant had failed to put the sign to proper use on poultry products in recent years.
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June 05, 2024
Slater And Gordon Fight Ex-Analyst's Redundancy Appeal
Slater and Gordon LLP challenged on Wednesday an appeal by a former costs analyst, who claims that he was made redundant because he was mentally unwell and wrongly deprived of most of a £20,000 ($25,500) bonus.
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June 05, 2024
Trafigura Settles Nickel Fraud Suit With Reuben Brothers Co.
Trafigura has settled a London legal claim allegedly linked to a major ongoing nickel fraud scandal, the commodities trader confirmed Wednesday.
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June 05, 2024
Enterprise Can't Drive 'Commute' TM Into EU Market
Vehicle rental company Enterprise cannot register its "Commute With Enterprise" trademark in the European Union because consumers could confuse the sign with a transportation tech company's "Qommute" sign, a court in the bloc ruled Wednesday.
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June 05, 2024
Carer Wins £41K After Losing Job Over Racism Complaints
A care worker has won £40,700 ($52,000) in damages after convincing a tribunal that his employer unfairly fired him following a complaint that bosses treated ethnic minorities less favorably in the workplace.
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June 05, 2024
Google Must Face £14B Class Action Over Advertising
Google must face a £13.6 billion ($17.4 billion) class action brought on behalf of website publishers which run advertisements over alleged anticompetitive practices, Britain's antitrust tribunal said Wednesday.
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June 04, 2024
Russian Bank Threatens Ukraine With Expropriation Claim
A Russian bank that operates mainly on the Crimean Peninsula on Monday began the process of filing an arbitration claim against Ukraine, accusing the smaller country of sending it into financial ruin by allegedly nationalizing its assets.
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June 04, 2024
HP Fraud Charges Against Ex-Autonomy Execs Head To Jury
Closing arguments wrapped Tuesday in a California federal criminal trial over claims that former Autonomy CEO Michael Lynch and ex-finance vice president Stephen Chamberlain duped HP into overpaying billions for the British tech company, with Chamberlain's lawyer saying his client did his job "in good faith," which, in the court's eyes, is a "complete defense."
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June 04, 2024
Unsexy Cases Face Litigation Funding Gap, UK Judge Says
A judge formerly in charge of the U.K.'s Commercial Court told a conference in London on Tuesday that the growth of third-party funding could preclude claims that cannot be "commoditized" from being litigated.
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June 04, 2024
Art Dealer Can't Block Qatari Sheikh's $3M Forgery Claim
A London judge on Tuesday refused to strike out a claim brought by a Qatari sheikh and his investment fund that a Swiss antiques dealer falsified the provenance of a $3 million marble head of Alexander the Great, ruling it is not abusive relitigation.
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June 04, 2024
Tech Co. Denies Responsibility For £46M Plant Explosion
A technology provider has told a food company it does not owe it £46.1 million ($58.8 million) after a machine that had been upgraded blew up, saying that its client should have known the risk of an explosion was not zero.
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June 04, 2024
Royal Navy Must Face Transgender Reservist's Bias Claim
A tribunal has ruled that a transgender Royal Navy reservist can forge ahead with his harassment claim against the Ministry of Defence, finding that he had followed procedure for lodging a complaint with the defense body.
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June 04, 2024
Investor Rules Offer Shield To IG Index Debt, Tycoon Says
Real estate investor Robert Tchenguiz fought against an investment platform's claim over an alleged £7.9 million ($10 million) spread-betting debt at a London court on Tuesday, arguing that he has not run up the bill because the company failed to properly categorize him as a professional investor.
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June 04, 2024
Arch Insurance Denies Liability In £8M Hotel Spa Fire Row
Arch Insurance (UK) Ltd. has denied liability for the £8 million ($10.2 million) claimed by two English hotel companies for a blaze allegedly caused by a roofer covered by the insurer because the business made "false" presentations about its risk.
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June 04, 2024
Virgin Atlantic Must Unredact Docs Over COVID Redundancy
Virgin Atlantic Airways must hand over unredacted documents relating to a pandemic-era redundancy exercise after an appellate judge ruled that it was "overwhelmingly" proportionate to allow pilots suing the airline to view them.
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June 04, 2024
Law Firm Denies Bad Advice In £13M Development Claim
A U.K. law firm has hit back at a businessman's £13 million ($16.6 million) negligence claim, arguing it was not responsible for delays and hiked-up costs from a building project that ultimately led to his company's collapse.
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June 04, 2024
Payments Biz Can't Revive Anti-Fraud Tech Patent On Appeal
A payments compliance company cannot restore its patent over software designed to limit fraud in call centers because the idea is obvious in light of two earlier U.S. patents covering similar technology, an appeals court ruled Tuesday.
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June 04, 2024
IT Review Would Be Disclosed To Court, Post Office Warned
An internal Post Office report warned that any independent review of the faulty IT system used to prosecute innocent people would have to be disclosed in court, according to documents disclosed to the inquiry into the scandal on Tuesday.
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June 04, 2024
Mediator Loses Bias Claim Over Disbelief In Structural Racism
A mediator has lost his case that he faced harassment and discrimination over his opposition to critical race theory, as an employment tribunal ruled that removing his controversial online posts was justified to "avoid disruption and promote a harmonious workplace."
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June 04, 2024
AstraZeneca Unit Hits Back At Samsung In Soliris Patent Duel
Alexion has struck back at Samsung Bioepis as the pair continue their Soliris patent quarrel, and has told a court that its formula for a drug that treats rare blood diseases is inventive and deserving of protection.
Expert Analysis
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Uber Payout Offers Employer Lessons On Mitigating Bias
Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.
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Apple Ruling Offers Morsel Of Certainty On Litigation Funding
An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Opinion
Employment Tribunal Fees Risk Reducing Access To Justice
Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.
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Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection
Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.
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UK Courts Continue To Struggle With Crypto-Asset Cases
Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.
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Why Computer Evidence Is Not Always Reliable In Court
Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.
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Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases
The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.
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Employer Lessons From Ruling On Prof's Anti-Zionist Views
In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.
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Design Rights Can Build IP Protection, EU Lego Ruling Shows
The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.
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ECJ Ruling Clarifies Lawyer Independence Questions
The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.