Commercial Litigation UK

  • November 13, 2024

    Libya Says Arms Co. Can't Have Property In Arbitration Row

    Libya told an appeals court Wednesday that state immunity should stop a British defense conglomerate from getting proceeds from the sale of a London property that once belonged to the family of assassinated Libyan leader Moammar Gadhafi to enforce a £16.1 million ($20.5 million) arbitration award.

  • November 13, 2024

    Tribunal Sides With Receptionist Ousted After Maternity Leave

    A hospital "undermined" and "ignored" a reception manager after she returned from maternity leave, forcing her to quit, an employment tribunal has ruled, though it dismissed the former manager's claims that she was discriminated against or faced harassment.

  • November 13, 2024

    UK Fights To Keep Sanctions On Banking Oligarch's Wife

    The U.K. government urged a London appellate court to uphold a ruling that maintained sanctions on a Ukrainian-Russian tycoon's wife, arguing that she was "plainly associated" with her husband, who has ties to Vladimir Putin.

  • November 13, 2024

    SkyKick Ruling Puts Brakes On Broad TM Filing Practices

    The U.K. Supreme Court's long-awaited ruling that broadcaster Sky filed trademarks in bad faith effectively puts an end to longstanding trademark filing norms, potentially prompting a slew of bad faith litigation against overzealous brands.

  • November 13, 2024

    Police Staffer Can't Claim Depression Led To Porn Compulsion

    A police employee cannot revive claims that the South Yorkshire force unfairly kicked him out for watching pornography on his work laptop, as an appellate tribunal confirmed that his depression was not sufficiently severe to affect his behavior.

  • November 13, 2024

    Dispute Over Time Limits Includes Cargo Misdelivery Claims

    The top U.K. court ruled Wednesday that international shipping rules which impose a one-year time limit on claims brought against cargo carriers have a "wide wording" and do apply to disputes stemming from the misdelivery of goods after they have left the vessel.

  • November 13, 2024

    Ukraine Border Service Can't Get EU TM For War Slogan

    A European Union court ruled Wednesday that Ukraine's border guard service cannot have trademark protection for its unofficial war slogan, "Russian Warship, Go F**k Yourself," as it agreed with trademark officials that the phrase is too political.

  • November 13, 2024

    Watchdog Mulls Extension For Motor Financing Complaints

    Britain's financial watchdog said Wednesday it plans to consult on extending the time motor finance firms have to respond to consumer complaints about commission arrangements, following a recent Court of Appeal ruling on non-discretionary commissions.

  • November 13, 2024

    EU Court Upholds Vodafone's €18.4B Liberty Global Deal

    The European Union's second-highest court has dismissed a challenge brought by three German telecommunications companies against Vodafone's €18.4 billion ($19.6 billion) acquisition of Liberty Global's activities in Germany, upholding on Wednesday the European Commission's backing of the deal in 2019.

  • November 13, 2024

    Sky Registered Trademarks In Bad Faith, Top UK Court Rules

    The U.K.'s highest court ruled Wednesday that media giant Sky registered some of its trademarks in bad faith, a landmark decision that seeks to rein in scattershot trademark filing practices for rights holders.

  • November 13, 2024

    Employers Can't Rectify Collective Contracts, Top Court Rules

    Rail operator Nexus is not entitled to change a pay clause in a collective agreement with its employees' unions because that agreement is not a contract open to rectification, Britain's highest court ruled Wednesday on the decadelong dispute.

  • November 12, 2024

    Ex-CBA Chief Jo Sidhu Loses Privacy Bid In Harassment Case

    The former chair of the Criminal Bar Association on Tuesday lost his bid to have a sexual harassment case against him heard behind closed doors, with a disciplinary tribunal ruling that the case should be held in public.

  • November 12, 2024

    Designers Face Tough Battle To Secure UK IP After WaterRower

    A London judge's ruling that U.K. law requires designers to clear a higher bar for copyright protection than the European Union applies leaves creatives from high-end fashion houses to luxury homegoods makers in a tight spot unless lawmakers step in.

  • November 12, 2024

    Forsters, Ex-Bank Lawyer Avoid Case Of Failed Property Deal

    Forsters LLP and a former Bank of Tokyo-Mitsubishi lawyer have avoided being sucked into a philanthropist's £3.5 million ($4.7 million) legal battle over a collapsed property deal.

  • November 12, 2024

    Indian Bank Seeks $83M Loan Repayment From Shipping Co.

    IBDI Bank Ltd. claimed it is owed $83 million by the guarantor of a loan at the center of a criminal investigation in India, arguing at a London court trial Tuesday that a letter of comfort issued by the company controlling the borrower should be treated as a legally binding contract.

  • November 12, 2024

    VistaJet Owner Loses Appeal To Block Tech Venture Claim

    The Court of Appeal has rejected further efforts by the owner of one of the world's biggest private jet firms to block legal claims that he defrauded a Guernsey tech venture capital fund two decades ago.

  • November 12, 2024

    Social Care Biz Says Education Org Infringed 'Inicio' TM

    A children's social care business has accused an educational trust of infringing its "Inicio" trademark, telling a London court that its use of an identical name risks confusing consumers.

  • November 12, 2024

    Biffa Sues Contractor For £2M Over Waste Scheme Tax Scam

    Biffa is suing one of its contractors for £2.2 million ($2.8 million) for allegedly conspiring with two other waste management companies to disguise their waste in a scheme to secure lower tax rates.

  • November 12, 2024

    Digital Money Issuer Hits Dutch Co. For €4.7M Liability

    A London-based electronic money issuer has sued a Dutch payment service provider for almost €4.7 million ($5 million), alleging that it had failed to meet its obligations under their card issuance and settlement agreement.

  • November 12, 2024

    Chaplain Loses Bishop Disciplinary Challenge In LGBT Row

    A chaplain who criticized his school's LGBT inclusivity policy failed on Tuesday in his attempt to challenge a decision not to refer the bishop who marked him as a safeguarding risk to a disciplinary tribunal.

  • November 12, 2024

    Pensions Regulator Can't Defend Claims After Delayed Reply

    A case manager can seek a default judgment in his claim for unfair dismissal and disability bias after an employment tribunal ruled that the U.K.'s pensions agency couldn't justify filing its defense 53 days late.

  • November 12, 2024

    NHS Medic Loses Appeal Over Health & Safety Whistleblowing

    A paramedic has failed to convince a London appeals judge that a National Health Service trust punished him for blowing the whistle on an emergency call handler's health and safety failings.

  • November 12, 2024

    Shell Gets Dutch Climate Emissions Ruling Overturned

    A Dutch appeals court has overturned a landmark ruling that ordered Shell to reduce its carbon emissions, finding on Tuesday that there was no "social standard of care" requiring the oil and gas producer to meet legally imposed climate targets.

  • November 12, 2024

    Ex-HR Worker Loses Appeal Over Disability Evidence

    An appellate tribunal has ruled that a former human resources assistant cannot pursue his claims for disability discrimination against a forestry agency owned by the Scottish government, finding that there was not enough evidence to prove his alleged disability of depression.

  • November 11, 2024

    Lloyd's Syndicate Sued Over Unpaid Subsidence Claim

    A Bedfordshire property owner has sued a Lloyd's of London syndicate for allegedly failing to pay out over £1 million ($1.3 million) to cover the cost of fixing damage caused by subsidence.

Expert Analysis

  • 10 Ways To Manage AI Risks In Service Contracts

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    With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.

  • Unpacking The New Concept Of 'Trading Misfeasance'

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    In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.

  • Don't Wing Settlements: Lessons From Morley's TM Ruling

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    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.

  • Analyzing The Merits Threshold In Interim Injunction Ruling

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    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.

  • Use Or Lose It: European TM Ruling Stresses 'Genuine Use'

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    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.

  • Decoding Plans To Simplify The Transfer Of Undertakings Law

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    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.

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

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    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.

  • Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims

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    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.

  • Employer Lessons From Teacher's Menopause Bias Win

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    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.

  • Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

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    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.

  • What UK Digital Markets Act Will Mean For Competition Law

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    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.

  • UK Supreme Court Confirms Limits To Arbitration Act Appeals

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    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.

  • Examining The EU Sanctions Directive Approach To Breaches

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    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.

  • Trends, Tips From 7 Years Of EPO Antibody Patent Appeals

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    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.

  • 4 Takeaways From Biotech Patent Invalidity Ruling

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    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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