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Commercial Litigation UK
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July 05, 2024
Amazon Worker Loses COVID-19 Whistleblowing Case
A tribunal has rejected an Amazon warehouse worker's claims that she was sacked for complaining of being forced to work while infected with COVID-19, ruling that the company chose not to extend her fixed-term contract for other reasons.
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July 05, 2024
Shabana Mahmood Named Labour's New Justice Secretary
Prime Minister Keir Starmer named former barrister Shabana Mahmood as the Labour government's new justice secretary on Friday following a sweeping victory in the U.K. general election.
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July 05, 2024
PPE Biz Wins $17M For Supply Breach Against Logistics Co.
A medical supplies manufacturer should be compensated almost $17 million after a logistics company refused to accept the delivery of 77 million face masks during the COVID-19 pandemic, a London court has ruled.
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July 05, 2024
Starmer Starts Work As Cabinet Appointments Expected
Keir Starmer, the newly elected prime minister, promised change that focuses on the economy and wealth creation as he prepared on Friday to begin appointing cabinet ministers to form the Labour Party's first government since 2010.
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July 05, 2024
Ex-Bird & Bird Partner Can't Ax Sexual Misconduct Case
A former Bird & Bird LLP partner lost his fight at a tribunal on Friday to strike out a sexual misconduct case over allegations he harassed two junior female colleagues.
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July 05, 2024
Mastercard Fails In Jurisdiction Bid To Cut Swipe Fees Claim
Mastercard failed Friday to knock out claims worth more than £200 million ($255 million) from a mammoth swipe fees class action after the appeals court in London said the law governing the dispute should be that of England and Wales or Scotland.
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July 04, 2024
What Labour's Win Means For UK Commercial Courts
The Labour Party romped to victory on Thursday after campaigning under the slogan of "Change," but the absence of any consideration of the legal sector in its election pledges has left lawyers hoping the new government will commit to maintaining the country's position as a leading disputes center.
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July 04, 2024
Labour Sweeps Tories From Power In UK Election Rout
Keir Starmer was poised to become Britain's next prime minister on Friday after his Labour Party ousted Rishi Sunak's Conservatives in a landslide general election victory, ending 14 years of Tory government with a pledge of "national renewal."
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July 04, 2024
Freeths Says Funder's Loan Negligence Claim Is Time-Barred
Freeths LLP has hit back at a professional negligence case brought by a litigation-funder, arguing that it waited too long to claim that the law firm left the owner of a quarrying business liable to repay a £250,000 ($320,000) loan.
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July 04, 2024
Lawyer Heckled Secretary With Sexist Remarks, Tribunal Says
A former legal secretary has won her sexual harassment claim against her former firm in an English tribunal after the panel ruled that its leading solicitor had made her distressed, including by telling her he had found a condom used by his partner's paramour.
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July 04, 2024
WSJ Publisher Dow Jones Must Face Bankers' GDPR Claims
The Wall Street Journal publisher Dow Jones has failed to strike out data protection allegations brought against it by two investment bankers as a London court found the claims were not a tactic to avoid the difficulties of bringing a defamation claim.
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July 04, 2024
Pope Aide Says Vatican 'Trapped' By UK Property Deal
A close aide to the pope testified Thursday that he authorized payments of Є15 million ($16.2 million) to an Italian broker to regain full ownership for the Vatican of a London building at the heart a now-notorious property deal.
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July 04, 2024
Lender Hits Elite Law For £1.9M Over Alleged Loan Breach
A lender has sued Elite Law Solicitors after it allegedly failed to spot that its client was a fraud and did not secure necessary protections over a £1.9 million ($2.4 million) property loan, telling a court that this has left it unable to recover its cash.
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July 04, 2024
Emirati Scrap Metal Sellers Lied To Secure $45M Loan
A Dubai shipping broker and his son made false and fraudulent representations when they secured a $45 million loan arrangement from a Norwegian security agent and other lenders, a London court has ruled.
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July 04, 2024
Nokia Accuses Amazon Of 'Hijacking' Infringement Case
A Nokia subsidiary asked a London court on Thursday to strike out Amazon's attempt to compel it to license patents for Prime Video, arguing that the U.S. multinational had "hijacked" its infringement claim over the technology to force it into a deal.
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July 04, 2024
Gas Site Manager Unfairly Sacked After Finding Next Job
An employment tribunal has ruled that a gas mains servicing company unfairly dismissed one of its managers by making him redundant when it discovered he had already found a new job.
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July 04, 2024
Tech Co. Knew IP Woes From Soured Deal, AI Video Biz Says
An AI video analytics business has told a London court that a security technology company it accused of failing to pay up after acquiring its intellectual property should have been aware that its CCTV-analyzing technology might contain bugs.
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July 03, 2024
NHS Consultant Surgeon Wins Unfair Dismissal Case
An NHS trust forced a world-renowned surgeon to quit after making him step down from a role and restricting his ability to practice without first investigating bullying allegations against him, an employment tribunal has ruled.
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July 03, 2024
Ex-Post Office Chair Says Legal Review Buried On Advice
The former chair of the U.K.'s Post Office told a London inquiry Wednesday that he had not shared a legal review of prosecutions of subpostmasters due to advice that it would be legally privileged, despite warnings in the report that some of the convictions may have been unsafe.
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July 03, 2024
Ericsson Prefers US FRAND Terms, Rejects Lenovo Attacks
Ericsson has fought claims that it refuses to negotiate fair licensing terms with Lenovo and abuses its ownership of standard essential patents for 5G technologies, the latest development in a long-running feud between the companies.
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July 03, 2024
Royal Mail Faces £878.5M Mass Claim Over Bulk Deliveries
The owner of Royal Mail is facing an estimated £878.5 million ($1.1 billion) collective action, as the representative of potentially 290,000 retail businesses asked the U.K.'s specialist antitrust court to approve the class claim Wednesday.
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July 03, 2024
Ship's Cook Wins £28K For Sacking Over Hip Pain
An employment tribunal has awarded a cook working for a Scottish ferry company over £28,000 ($35,749), ruling his employer unfairly sacked him after he developed a painful hip condition.
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July 03, 2024
Top UK Court To Define 'Payment' For Lawyer Fee Disputes
The U.K.'s highest court is set to rule on the meaning of "payment" for determining when the clock starts ticking for clients to challenge solicitors' fees as part of a personal injury claim row with an English firm heard by justices on Wednesday.
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July 03, 2024
UralChem Owner Can't Shift EU Sanctions
The European Union's General Court on Wednesday upheld sanctions against oligarch Dmitry Mazepin, finding he remains a leading businessperson in Russia's economy and a major owner of UralChem, one of the country's biggest mineral fertilizer manufacturers.
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July 02, 2024
Shelving Biz Hits Rival With Design Infringement Claim
An Australian shelving manufacturer has sued a British rival for registered design infringement, arguing that certain shelving support bars being offered on the rival's U.K. website copy significant features of its intellectual property without consent.
Expert Analysis
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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.
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What To Consider When Making Brand Sustainability Claims
A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.
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Retained EU Law Act Puts Employment Rights Into Question
The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.
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In Balancing Commerce And Privacy Interests, Consent Is Key
Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Recent Trends In European ESG-Related Shareholder Activism
New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.
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Employer Due Diligence Lessons From Share Scheme Case
The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.
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Construction Ruling Clarifies Key Payment Mechanism Issue
The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.
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Key Findings From Law Commission Review Of Arbitration Act
The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.
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Bitcoin Case Highlights Advanced Age Of UK's IP Law
An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.
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Accountability Is Key To Preventing Miscarriages Of Justice
The wrongful conviction of Andrew Malkinson and other recent cases show that in order to avoid future miscarriages of justice, there needs to be a fundamental reevaluation of how investigators, prosecutors and the Criminal Cases Review Commission operate, prioritizing stronger penalties and increased funding, say Thomas Walford at Expert Evidence International and policy analyst Gerald Frost.
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UN Code Likely To Promote Good Arbitration Practices
The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.
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6 Key Factors For Successful Cross-Border Dispute Mediation
The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.