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Commercial Litigation UK
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July 10, 2024
CMA Bids To Reverse Nixed £100M Fine In Drug-Pricing Case
The U.K.'s competition watchdog on Wednesday sought to overturn a ruling that upended more than £100 million ($128.4 million) in fines against drug companies for allegedly reaching agreements related to hydrocortisone tablets, in a major case for U.K. competition law.
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July 10, 2024
Beverly Hills Polo TM Owner Can't Overturn Polo Club Ruling
The owner of trademark rights for the Beverly Hills Polo Club fashion brand failed to convince an appellate court that the existence and activities of other polo-themed trademarks was irrelevant to its infringement claim.
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July 10, 2024
Music Distributor Says Contract Claim A Minor Complaint
Sheet music distributor Hal Leonard has told a U.K. classical music publisher that accusations it failed to improve sales and generate royalties are off-key, especially since Hal Leonard says it went beyond its obligations to promote and sell the music.
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July 10, 2024
HMRC, CPS Beat Financier's Claim Over Botched Prosecution
HM Revenue and Customs and the Crown Prosecution Service have beaten claims of malicious prosecution and misfeasance in public office by a corporate financier following a failed criminal fraud case, with a judge finding that they had enough evidence to pursue him.
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July 10, 2024
Nursery Gets 2nd Shot To Fight Font Size Discrimination Case
A nursery won a shot on Wednesday at overturning a ruling that it discriminated against a staffer with poor vision by using a standard font size in documents, with an appeals tribunal questioning an earlier decision that the use of the "small" font size was unjustified.
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July 10, 2024
Whistleblowing Trainee At Defunct Law Firm Wins £36K
An employment tribunal has ordered an insolvent law firm to pay more than £36,000 ($46,200) to a trainee it dismissed after she blew the whistle on its "chaotic" operations to the industry regulator.
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July 10, 2024
Uni Students Can't Bring Group Action Over COVID Disruption
A court blocked thousands of students on Wednesday from coming together as a single group to sue a top U.K. university for allegedly failing to provide campus-based tuition during the COVID-19 pandemic, because it would cause unnecessary delays and costs to proceedings.
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July 10, 2024
Citi Rebuked Over Botched Misconduct Probe Into Trader
A decision by Citigroup to fire a trader amid allegations that he had given misleading updates on deals was unfair because its probe was plagued by delays and led to an unreasonable finding of gross misconduct, a tribunal has ruled.
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July 10, 2024
Pfizer, BioNTech Fight To Invalidate CureVac COVID Patents
Pharma giants Pfizer and BioNTech urged a London court on Wednesday to invalidate COVID-19 vaccine patents owned by a German company, saying the rival vaccine patent should be nixed because it does not involve any novel inventive step.
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July 10, 2024
Finance Co. Can't Escape Liability In £1.7M Failed Investments
A finance company has failed to duck liability for botched property investments worth approximately £1.7 million ($2.2 million) as a London appeals court found the firm had accepted responsibility for another business to arrange the deals.
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July 10, 2024
BA Must Pay Canceled Flight Claim Over Sick Off-Duty Pilot
The U.K. Supreme Court ruled Wednesday that British Airways cannot refuse to pay out compensation to passengers of a canceled flight, finding that it does not constitute an "extraordinary circumstance" if a pilot falls sick before take off.
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July 10, 2024
Shein Investors Could Have Recourse If ESG Abuses Exposed
Expectations that the Shein fast-fashion group will float on the London Stock Exchange have raised questions over what recourse investors have to recoup losses in the English courts if a future emergence of human rights abuses in a company's supply chain triggers a drop in its share price.
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July 09, 2024
Hedge Fund Says Nickel Pause Was 'Regulatory Overreaction'
A U.S. hedge fund on Tuesday sought to revive its claim against the London Metal Exchange over the market's decision to cancel over $12 billion in nickel trades, arguing that the exchange never had the power to do so.
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July 09, 2024
UK Vape Maker Takes Swing At Chinese Rival
Vapepen has fought back against claims that it sells units identical to SKE Crystal Bar, arguing that its Chinese rival is picking a fight with the wrong company.
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July 09, 2024
Supermarket Chain Iceland Fights To Nix Kebab Supplier's TM
Grocery giant Iceland has hit back at a trademark infringement claim from a kebab meat supplier, saying the meat company's logo is too vague and its trademark protection should be revoked.
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July 09, 2024
Sony Music Unit Says Infringement Of TikTok Hit An Error
A Sony Music unit has told a U.K. record label that its version of a remake of the 2008 hit "Ride It" unintentionally infringed the original track and that the label's damages claim is "excessive and unjustified."
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July 09, 2024
Lawyer Accused Of Making False Mishcon Claims On Iran TV
The solicitors' watchdog told a disciplinary tribunal on Tuesday that a high-profile criminal defense lawyer recklessly made false statements about Mishcon de Reya LLP while appearing on an antisemitic show on an Iranian state-owned media channel.
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July 09, 2024
Chief Constable Loses Sex Bias Case Over Work Vendetta
A senior police officer in northwest England discriminated against a personal assistant by making her collateral damage in a vendetta he had against a rival female officer, an employment tribunal has ruled.
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July 09, 2024
Ex-Axiom Ince Staff Win Claims Over Missing Payments
A tribunal has ordered Axiom Ince to hand over a total of £11,500 ($14,700) in redundancy and unclaimed holiday payments to three former members of staff after the law firm collapsed in October.
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July 09, 2024
Malaysian Investor Fights To Block €36M Claim At Top Court
A Malaysian businessman urged the U.K.'s top court on Tuesday to rule that a creditor should be blocked from bringing a €36 million ($39 million) claim against him because it already won a declaration in an earlier action pursuing the debts.
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July 09, 2024
LetterOne Fights National Security Sale Of Broadband Firm
An investment group backed by Russian oligarchs has launched the first legal challenge to a decision under the National Security and Investment Act, claiming on Tuesday that the government unfairly forced the sale of a regional broadband provider at a "substantial financial loss."
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July 09, 2024
BBC Rebuffed In Effort To Cut Costs Of £20B Pension Scheme
An attempt by the British Broadcasting Corp. to reduce benefits for employees enrolled in its £19.8 billion ($25.4 billion) pension scheme has been rebuffed as the Court of Appeal ruled in favor of members on Tuesday.
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July 09, 2024
Sports Broadcaster Sued For Fraud In Failed Streaming Deal
Liquidators of a licensing company have sued a broadcasting chief after their autosport streaming deal turned sour, telling a court he lied about his ability to sell streaming subscriptions in U.S. prisons to entice the company to hand over the licensing rights.
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July 09, 2024
Justices Trim Scope Of Warranties In Construction Contracts
The U.K. Supreme Court found on Tuesday that a collateral warranty given by a building contractor to the tenant of a care home was not a "construction contract" and therefore cannot be subject to adjudication.
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July 09, 2024
Thomas Cook Creditors To Get Back £280M After Asset Sale
Creditors of Thomas Cook will receive a total of £280 million ($358 million) before the end of September after the senior civil servant overseeing the liquidation sold all available assets owned by the collapsed travel giant, according to the Insolvency Service.
Expert Analysis
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Employer Lessons From Red Bull's Misconduct Investigation
Red Bull’s recent handling of a high-profile investigation into team principal Christian Horner’s alleged misconduct toward a colleague serves as a reminder of the importance of thorough internal grievance and disciplinary processes, and offers lessons for employers hoping to minimize media attention, say Charlotte Smith and Adam Melling at Walker Morris.
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Breaking Down The EPO's Revised Practice Guidelines
The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.
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Pharma Remains A Key Focus Of EU Antitrust Enforcement
The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.
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Employment Tribunal Fee Proposal Raises Potential Issues
The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.
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ECHR Climate Rulings Hint At Direction Of Future Cases
Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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What UK Energy Charter Treaty Exit Would Mean For Investors
While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.
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What To Know About The Russia-Stranded Plane Ruling
The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.
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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.