Commercial Litigation UK

  • July 01, 2024

    Solicitor's COVID Letters Had 'No Legal Merit,' SRA Says

    The Solicitors Regulation Authority accused a solicitor at a London tribunal Monday of wrongly sending threatening legal letters to bodies for his clients who refused the COVID-19 vaccine, saying the letters had "no legal merit."

  • July 01, 2024

    Artist Not Entitled To Exhibition Profits, Argues Arts Charity

    A charity has argued that an artist it previously sued for £100,000 ($125,500) over holographic portraits of the queen wasn't entitled to profits from a 2012 exhibition of those works.

  • July 01, 2024

    Union Fights For Damages At UK Top Court In Dues Case

    A public services union took its bid for damages to the U.K.'s top court Monday, arguing that unions as well as employees should be awarded compensation after the government stopped deducting membership fees from civil servants' pay.

  • July 08, 2024

    Signature Litigation Opens In Frankfurt With Mayer Brown Duo

    Signature Litigation LLP announced it launched a new office Monday in Frankfurt, with two former Mayer Brown LLP partners joining the dispute resolution firm to spearhead its operations in Germany.

  • July 01, 2024

    Pilots Fight TUI Over Changed Income Protection Scheme

    A group of airline pilots launched their fight against TUI Airways Ltd. on Monday over allegations that the carrier breached their contracts by slashing its income protection policy for pilots who have to stop flying for health reasons.

  • July 01, 2024

    Accountant Loses Employee Status Bid In Partnership Fight

    A tax accountant has failed to convince an appeals tribunal that he was an employee at the time of his dismissal, because despite a "shambolic" transition and lack of a written agreement, the genuine intention was to promote him to partner.

  • July 01, 2024

    Company Director Accused Of Funds' Use For Own Expenses

    A supply chain company is suing a former director and his wife for over £2 million ($2.5 million), alleging he authorized company payments toward hotels in Dubai, a London private members club and his daughter's tuition fees for his family's benefit.

  • June 28, 2024

    UK Appeals Court Rules Businesses Can't Claim Allowances

    Two U.K. businesses may not claim capital allowances from a transaction that was carried out as part of a marketed tax avoidance scheme, a British appeals court ruled Friday, overturning a lower court's decision.

  • June 28, 2024

    No Judge Race Bias In £30M Fox Williams Negligence Case

    A London court has rejected a Black television producer's allegations that a judge racially discriminated against him when tossing out his case that Fox Williams LLP botched his £30 million ($38 million) game show copyright claim.

  • June 28, 2024

    Solicitors Bude Nathan Sued For £1m Over Property Advice

    Property solicitors Bude Nathan Iwanier LLP allegedly allowed a 94-year-old client to approve a £1 million ($1.26 million) loan he didn't understand and failed to warn of the risk a construction project might lose him his London home.

  • June 28, 2024

    Forced Labor Ruling To Spur NCA Scrutiny On Supply Chains

    An English appellate court's landmark findings that the National Crime Agency misunderstood the U.K.'s anti-money laundering powers could cast greater scrutiny on the extent of illicit goods flowing through companies' supply chains, lawyers say.

  • June 28, 2024

    Dexcom Wins Bid To Nix Abbott Patent For Glucose Monitor

    A London judge nixed an Abbott patent for its flagship glucose monitoring device on Friday, ruling that a previous patent application revealed its key idea of an integrated device and ways of implementing it.

  • July 05, 2024

    EIP Hires Patent Litigator From Hogan Lovells In Germany

    Intellectual property boutique EIP has recruited a specialist in patent litigation from Hogan Lovells in Germany in a move to boost its disputes capabilities in relation to different fields of technology.

  • June 28, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.

  • June 28, 2024

    ING Claim Would Fund Sanctioned Billionaire, Tecnimont Says

    ING cannot recover money from Tecnimont in a €212 million ($227 million) bond dispute because compensating the Dutch lender would directly fund a sanctioned Russian billionaire, the Italian industrial group said in London court filings.

  • June 28, 2024

    Fidelis Claims No Liability In $23M Stranded Jet Spat

    Fidelis Underwriting Ltd. has hit back at another claim that it must pay out in a $23 million row over a leased plane stranded in Russia, arguing that no insured event has occurred, and that an Irish aviation lessor is not covered by the country's law.

  • June 28, 2024

    Manolete Sues MSR Partners For £15.6M Over Audit Failure

    Manolete Partners PLC has sued MSR Partners LLP for £15.6 million ($19.7 million), alleging that the accounting firm failed in auditing a peer-to-peer lending platform that went into administration in 2019.

  • June 27, 2024

    EU High Court Upends Servier Decrease Of Pay-For-Delay Fine

    French pharmaceutical giant Servier is back on the hook for all but €2.4 million ($2.57 million) of a more than €300 million European Union antitrust fine after the European Court of Justice upended a lower court decision that had reduced the penalty by over €100 million.

  • June 27, 2024

    Barclays Says Businessmen Breached £13.7M Freezing Order

    Barclays Bank PLC told a London court Thursday that three businessmen breached a freezing order by moving assets offshore as it sued them, claiming they conspired to take £13.7 million ($17.4 million) by exploiting its overdraft mechanism.

  • June 27, 2024

    NCA Must Reconsider Uyghur Chinese Cotton Probe

    The U.K.'s National Crime Agency must reconsider its decision refusing to launch a broad investigation into imported cotton produced by the forced labor of Uyghur people in China, a London appellate court ruled Thursday in a first-of-its-kind decision that could disrupt retail supply chains.

  • June 27, 2024

    NFT Game CEO Accuses Collaborator Of Keeping Biz Info

    The CEO of an NFT-winning online game has accused his former collaborator of refusing to hand over confidential information belonging to his gaming company after the pair's professional relationship broke down.

  • June 27, 2024

    Temu Says Ads Did Not Mislead Shoppers In Dr. Martens Suit

    Chinese fast-fashion giant Temu has denied claims that it promoted copycat Dr. Martens on sponsored Google search results, arguing that consumers would be unlikely to confuse boots sold on its platform for the famous British boots.

  • June 27, 2024

    EasyGroup Can't Claim TM It Isn't Using, Van Rental Biz Says

    Car and van rental firm Easihire has hit back in London court at easyGroup's claims of trademark infringement, arguing that the low-cost giant should lose the "easyHire" mark it relied on because it hadn't even used it.

  • June 27, 2024

    Xeinadin Sues Ex-Director, Wife Over Breach Of Duties

    Xeinadin has sued the former director of an accountancy firm it acquired and his wife for more than £1 million ($1.2 million) it claims it is owed from the deal to buy their stake in the firm after it sacked him amid allegations of fraud.

  • June 27, 2024

    Saleswoman Wins Claim Rejecting Work-From-Home Ask

    A saleswoman has been awarded £2,771 ($3,430) compensation over a rejected hybrid work request, after an employment tribunal ruled that her bosses should have dealt with her query and the appeal process differently.

Expert Analysis

  • Employer Lessons From Ruling On Prof's Anti-Zionist Views

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    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.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    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.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    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.

  • Unpacking The Law Commission's Digital Assets Consultation

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    The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.

  • 1st Appellate Ruling On Digital Terms Sets Tone For Disputes

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    The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • How Employers Should Respond To Flexible Work Requests

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    U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

  • What COVID Payout Ruling Means For Lockdown Loss Claims

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    While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Opinion

    PACCAR Should Be 1st Step To Regulating Litigation Funders

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    Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • In Int'l Arbitration Agreements, Be Clear About Governing Law

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    A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.

  • Risks The Judiciary Needs To Be Aware Of When Using AI

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    Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.

  • Post Office Scandal Stresses Key Directors Duties Lessons

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    The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.

  • Employer Tips For Handling Data Subject Access Requests

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    As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.

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