Commercial Litigation UK

  • June 14, 2024

    Fired Teacher Wins £61K For Menopause Bias

    A Scottish council must pay £61,074 ($77,300) for firing a teacher who refused to transfer to a school for kids with behavioral difficulties because it worsened her menopausal symptoms and anxiety, an employment tribunal has ruled.

  • June 14, 2024

    UK Broker Denied Supreme Court Hearing Over Cum Ex Raids

    Judges at a London court refused on Friday to allow a brokerage to challenge at the U.K. Supreme Court findings that a raid on its London office during an investigation into tax fraud in 2022 was legal, finding that the "outcome of any appeal would be no different."

  • June 14, 2024

    Fundraiser Wins Appeal Over Charity's Redundancy Process

    A fundraiser has won his challenge over the fairness of his redundancy at a religious charity, convincing an appeals tribunal that an earlier judge failed to consider the integrity of the selection process.

  • June 14, 2024

    Bitcoin 'Inventor' Drops Case Against Software Developers

    Lawyers for the man who failed to prove he invented bitcoin told a London court on Friday that he has dropped a case brought by his company against software developers as it also turned on his claim to be the pseudonymous inventor of the virtual currency.

  • June 14, 2024

    EU Transfer Pricing Law To Involve Basic Rights, Prof Says

    A proposed European Union law on transfer pricing would, if adopted, mean the EU's charter of fundamental rights became relevant to transfer pricing disputes, a tax professor said Friday.

  • June 13, 2024

    Trans Swimmer's Quest To Overturn Ban Denied By Panel

    American swimmer Lia Thomas, a transgender woman attempting to compete in the Summer Olympic Games in Paris next month, has lost in her bid to the international Court of Arbitration of Sport to overturn the ban on her eligibility by the world swimming governing body.

  • June 13, 2024

    JP Morgan Had No Incentive To Devalue Fintech Joint Venture

    J.P. Morgan had no reason to devalue a payment company it co-owned with fintech business Werealize, a London judge ruled Thursday, in a decision that ended the companies' dispute over the investment bank's option to buy out its partner's stake in their joint venture.

  • June 13, 2024

    Black Support Worker Revives 'Monkey' Discrimination Case

    A Black African care support worker has rekindled his discrimination complaint over a manager allegedly calling him a "monkey," convincing the Employment Appeal Tribunal that an earlier judge skipped over the specific use of the term that his claim related to.

  • June 13, 2024

    Prison Officer Loses Sex Bias Claim Over Deadline Lapse

    An officer at a prison for young men would have won his sex discrimination claim after getting suspended over sexual harassment allegations had he filed it on time, an Employment Tribunal has ruled.

  • June 13, 2024

    Fladgate Blames Client's Wrong Instructions On $26.5M Loss

    Fladgate LLP has denied owing an investment fund an estimated $26.5 million for allegedly giving negligent advice, saying the client aiming to recover money owed under bonds supplied incorrect information from the outset.

  • June 13, 2024

    How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case

    A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.

  • June 13, 2024

    Angolan Billionaire Dos Santos Fights £580M Asset Freeze

    The daughter of Angola's former president argued at the Court of Appeal Thursday that the wrong legal test had been applied when telecoms operator Unitel SA secured a £580 million ($740 million) freezing order against her assets.

  • June 13, 2024

    NHS Argues 'English Nationalism' Isn't Protected Belief

    A National Health Service trust urged an appellate tribunal on Thursday to reject a former employee's argument that his "English nationalism" should be considered a protected belief under employment law and that he therefore should not have been dismissed from his job.

  • June 13, 2024

    Cleaner's Transfer Claim Was Ignored, Appeals Court Rules

    An appellate judge has given a cleaner a second shot at her unfair dismissal claim because a tribunal failed to consider whether her dismissal was connected to her move from one staffing business to another.

  • June 13, 2024

    UK Digital Markets Law Will Spur Group Consumer Litigation

    Hastily passed legislation that equipped the competition regulator with the clout to punish companies for breaches of consumer protection will probably spur litigation, lawyers say, although claims will be limited for now after the proposal to extend the class action scheme was abandoned.

  • June 13, 2024

    Lawyer Struck Off For Fake Immigration Application Claims

    A solicitor who was imprisoned for helping clients make bogus immigration applications to remain in the U.K. was struck off by a tribunal Thursday.

  • June 12, 2024

    Uniper Claims €13B Win In Gazprom Gas Supply Fight

    German energy company Uniper said Wednesday that it has been awarded more than €13 billion ($14 billion) by a Swedish arbitration tribunal after the Russian government-controlled natural gas giant Gazprom cut off gas deliveries in mid-2022.

  • June 12, 2024

    Russia Says $208M Ukrainian Utility Award Can't Be Enforced

    Russia has asked a D.C. federal court not to enforce a nearly $208 million arbitral award issued to a Ukrainian electric utility after the Kremlin seized its Crimean assets, saying the arbitration in the underlying dispute was invalid.

  • June 12, 2024

    Ex-Serco Chair Says Contract Fraud 'Came Out Of The Blue'

    Serco's former chair said at a London trial Wednesday that the scandal of its overbilling for government contracts left a "cloud" hanging over the outsourcing multinational, as the company clashes with investors seeking to recover their losses from the resulting plunge of its stock price.

  • June 12, 2024

    SRA Files Legal Claim Against Post Office

    The Solicitors Regulation Authority has filed a legal claim against the Post Office as part of its ongoing investigation into the Horizon IT wrongful prosecution scandal.

  • June 12, 2024

    Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge

    Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.

  • June 12, 2024

    Trustpilot Dodges Law Firm's Bad Review Libel Claim

    Trustpilot on Wednesday won its attempt to block a debt recovery law firm's libel claim, convincing a London court that there was no prospect of proving that bad reviews on its website cost the firm a contract with Three Mobile.

  • June 12, 2024

    Reinsurers Escape $41M Claim Over Taliban Warehouse Loss

    A logistics company that lost its warehouse to the Taliban cannot claim $41 million from reinsurers because under the "clear wording" of its policy it was not covered for loss caused by seizure, a London court ruled Wednesday.

  • June 12, 2024

    BHS Ruling A 'Coup For Liquidators' Over Director Duties

    A landmark ruling that found two directors liable for the collapse of a U.K. retailer and ordered them to repay a chunk of the losses highlights the limited reliance that directors can place on professional advice and a lack of experience to avoid responsibility.

  • June 12, 2024

    Investors To Sue Betting Giant For £100M Over Bribery Probe

    Entain PLC, the owner of gambling businesses Ladbrokes and Coral, is set to face a £100 million ($128 million) legal battle from institutional investors who say Entain did not warn them about a prosecution over its alleged failure to prevent bribery in Turkey.

Expert Analysis

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • High Court Ruling Sheds Light On Targets For Judicial Review

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    The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.

  • Appeal Ruling Clarifies 3rd-Party Contract Breach Liability

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    The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.

  • CPR Proposal Affirms The Emphasis On Early Mediation

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    While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.

  • How Law Firms Can Handle Challenges Of Mass Claims

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    With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Insurance Ruling Stresses High Hurdle To Fix Policy Wording

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    In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.

  • Taking Stock Of Changes UK Economic Crime Act Will Bring

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    With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.

  • Sanctions Ruling Opens Door For Enforcer To Clear Up Rules

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    In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.

  • How Gov't Response Addresses Investment Act Concerns

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    The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • How Generative AI Can Enhance Disclosure Review Processes

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    As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

  • Experian Ruling Helps Cos. Navigate GDPR Transparency

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    In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

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