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Commercial Litigation UK
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June 03, 2024
Tesco Can't Delay Equal Pay Dispute With Disclosure Protests
Tesco cannot block two orders requiring disclosure in its continuing equal pay litigation with more than 47,000 claimants, an appeals tribunal has ruled, as it accused the retail chain of concocting a "recipe for delay."
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June 03, 2024
Worker Fired Instead Of Getting COVID Furlough Wins Payout
A tribunal has ordered a health care business to pay an employee almost £9,500 ($12,000) after a judge concluded that the company unfairly sacked the worker instead of putting her on furlough during the COVID-19 pandemic.
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May 31, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen financier Crispin Odey file a defamation claim against the Financial Times, Ford hit with the latest "Dieselgate" claim and a human rights activist bring a privacy claim against Saudi Arabia. Here, Law360 looks at these and other new claims in the U.K.
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May 31, 2024
Airport Train Biz Loses Appeal Over Lifelong Rail Benefits
Heathrow Express must fight off breach of contract claims a second time, after the Employment Appeal Tribunal ruled that a previous judge wrongly ruled that several ex-employees of the fast train link to London's main airport had lost their lifelong travel benefits upon redundancy.
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May 31, 2024
Church Unfairly Fired Minister For 'Usurping Authority'
A Nigerian charity and international church unfairly sacked a minister for "usurping its authority" without properly probing allegations that he'd moved cash from its north London branch to a new bank account, a tribunal has ruled.
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May 31, 2024
Investor Sues Wealth Managers, Lawyers For Negligence
A real estate investor has sued a law firm and two finance companies in a London court, claiming they negligently advised her on an investment worth almost £20 million ($25.5 million).
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May 31, 2024
Perfume Retailer Botched Investigation Before Firing Manager
A former manager at a perfume retailer has won his unfair dismissal claim against the company, with the employment tribunal ruling that bosses had accepted allegations against him without giving him the benefit of the doubt.
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May 31, 2024
Future Bright For UPC If 'Urgent' Tech Problems Solved
A year after the Unified Patent Court opened its doors, the court looks to be living up to its promise as a premier venue for global patent litigation, but lawyers say that technical glitches behind the scenes must be remedied urgently if it is to excel.
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May 31, 2024
Law Firm Denies Promoting Misleading Investment Scheme
A law firm has denied an accusation by the Financial Conduct Authority that it assisted a client in promoting a misleading care home investment scheme, arguing it provided legal advice in "good faith" based on the information it was given.
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May 31, 2024
Anti-Fraud Agency Sued For £144K Over Unjustified Suspicion
The operator of the U.K.'s national fraud database is being sued for £144,000 ($183,000) for allegedly marking a London resident's bank activity for suspected fraud without any justification and severely affecting his credit rating.
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May 31, 2024
Driver Sues F1 Bodies, Ex-Boss For £64M Over 'Crashgate'
Felipe Massa is suing the governing bodies of Formula One and its former CEO for £64 million ($81.5 million), claiming that he would have beaten Lewis Hamilton to the 2008 motorsport title if a scandal over an allegedly deliberate crash had been investigated properly.
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May 31, 2024
Royal Mail Denies Breaching Data Worker's Privacy Rights
Royal Mail has hit back against a £3.6 million ($4.6 million) claim brought by a former worker, arguing that it did not breach his data protection rights by mentioning his mental health in email exchanges.
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May 30, 2024
Swedish Appeals Court Sets Aside €10.6M Italy Award
An appeals court in Sweden has this week set aside a €10.6 million ($11.48 million) arbitral award issued to a Dutch renewable energy firm after Italy dialed back economic incentives for the renewable energy industry, saying the award violates European Union law.
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May 30, 2024
Autonomy VP Declines To Take Stand As Fraud Trial Nears End
Testimony wrapped Thursday in a California federal criminal trial over claims that former Autonomy CEO Michael Lynch and finance vice president Stephen Chamberlain duped HP into overpaying billions for the British tech company, as Chamberlain opted not to testify in his own defense after Lynch stepped off the witness stand.
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May 30, 2024
EU Court Rejects Appeal Over Spanish Port Tax Breaks
The European Union's Court of Justice on Thursday upheld a lower court ruling that corporate tax exemptions Spain extended to seaports were illegal state aid, brushing aside arguments that a more thorough economic analysis was warranted to prove the tax breaks bestowed an unfair advantage.
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May 30, 2024
EU Court Buries Bid To Nix Plant Nursery's Succulent Variety
A European court ruled Wednesday that a Belgian plant nursery can register a new type of succulent, upholding an earlier decision by the bloc's plant intellectual property rights body to refuse a Dutch company's challenge to the plant.
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May 30, 2024
Swansea City Hit Ex-Head Coach With £750K Contract Claim
A Welsh football club has sued its former coach in a London court for over £750,000 ($955,000), alleging he breached his contract when he moved to work for a competing team, according to newly public court filings.
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May 30, 2024
Xiaomi Hit With FRAND Litigation In Paris
A patent holding company has accused Xiaomi in a French court of unlawfully using its tech patents for "nearly all" of 4G-enabled devices, just a week after suing the phone giant in India.
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May 30, 2024
Manager Claims Wealth Fund Has Shorted His Fees For Years
A wealth fund manager has sued his employer for £252,900 ($321,300) in missing management fees and bonuses, alleging at a London court that his trust in bosses meant he didn't realize they had underpaid him for several years.
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May 30, 2024
Firm Faces Negligence Case Over Historical Sex Abuse Claim
Law firm Hugh James is being sued for as much as £1.5 million ($1.9 million) by a former pupil of a Catholic school who alleges solicitors mishandled his claim over historical sexual abuse.
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May 30, 2024
Co-Founder Says French Incubator Wants To 'Destroy' Him
A co-founder of a French incubator has urged a London court to throw out a claim brought against him by his former company over allegedly misappropriated funds, saying the aim of the "vexatious and oppressive" litigation was to "destroy" him.
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May 30, 2024
Legal Advice On Corp. Setups Protected, ECJ Adviser Says
A law firm's legal advice, even that concerning the setting up of a corporate investment structure, is within the scope of legal professional privilege guaranteed by European Union law, an adviser to the EU's highest court said Thursday.
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May 30, 2024
Divorcee Of Putin Ex-Son-In-Law Sues Investment Co. For £1M
The ex-wife of Vladimir Putin's former son-in-law has claimed that a venture capital firm owes her £1.1 million ($1.4 million) for allegedly failing to help her to secure her divorce proceedings and a $60 million prenuptial agreement.
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May 30, 2024
Italian Rules On Internet Companies Unlawful, ECJ Finds
Amazon, Google, Airbnb and other internet companies have won their fight against a law requiring them to provide Italian authorities with information about their operations as the European Union's highest court ruled Thursday that the obligation breaches of the bloc's rules.
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May 30, 2024
Odey Sues FT For Libel After Sexual Misconduct Allegations
Crispin Odey has sued the Financial Times at a London court after the newspaper published articles that contained a string of allegations of sexual misconduct against the well-known financier.
Expert Analysis
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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.
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UK Courts Continue To Struggle With Crypto-Asset Cases
Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.
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Why Computer Evidence Is Not Always Reliable In Court
Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.
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Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases
The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.
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Employer Lessons From Ruling On Prof's Anti-Zionist Views
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.
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Design Rights Can Build IP Protection, EU Lego Ruling Shows
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.
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ECJ Ruling Clarifies Lawyer Independence Questions
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.
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Unpacking The Law Commission's Digital Assets Consultation
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.
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1st Appellate Ruling On Digital Terms Sets Tone For Disputes
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.