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Commercial Litigation UK
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May 07, 2024
Uniper Looks To Nix Russian Court's Anti-Arbitration Order
German energy company Uniper has appealed a Russian court ruling threatening a multibillion euro fine if it continues to pursue an arbitration claim in Sweden that accuses the Russian company Gazprom of reneging on a contract to deliver gas, the company said Tuesday.
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May 07, 2024
Lawmakers Told To Fix 'Abusive' County Court System
Ongoing delays in the county courts are "abusive" to vulnerable litigants who are forced to abandon their cases amid a lack of resources, a London academic told a parliamentary committee Tuesday.
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May 07, 2024
Solicitor Faces Tribunal Over Asking Client For Sexual Images
A solicitor is facing a disciplinary tribunal over allegations that he duped a vulnerable client into sending him sexually explicit images of herself by claiming he needed them to prevent her ex-husband from posting them as revenge porn.
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May 07, 2024
Black Teacher Fired For Covering Up CCTV Of Fight
A teacher lost his race discrimination claims against his former employer, after a tribunal ruled that his bosses' decision to fire him was due purely to his conduct and the fact he covered up a CCTV camera during a classroom fight.
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May 07, 2024
Moderna Says Pledge Didn't Waive COVID Vaccine Patent Rights
Moderna and Pfizer questioned expert witnesses on U.S. federal law on Tuesday in their London court battle over whether Moderna is bound by its pledge not to enforce its COVID-19 vaccine patent rights against those making vaccines to combat the virus during the pandemic.
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May 07, 2024
Businessman Asks Top Court To Block £19M UAE Debt Claim
A businessman's family took its fight with a UAE bank to Britain's highest court Tuesday over an alleged £19 million ($24 million) debt, arguing that the lender should not be allowed to collect on debts he says are illegitimate and a result of fraud.
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May 07, 2024
Iceland Supermarket Hit With Kebab Co.'s TM Claim
A kebab meat supplier has accused frozen food supermarket Iceland of using the trademark for its logo on several of its food items, even after the company stopped supplying the shop with its own products.
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May 07, 2024
Spacey To Face UK Civil Trial Over Sex Assault Claim
Kevin Spacey successfully bid to overturn a default judgment against him at a London court on Tuesday — but the actor now faces a trial to fight off a man's £457,000 ($574,000) sexual assault claim.
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May 07, 2024
Court Of Appeal To Hear Secret Judicial Appointment Case
The Court of Appeal will hear a judge's challenge to a secretive part of the judicial appointment process that critics argue hinders efforts to diversify the bench, the GMB Union said on Tuesday.
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May 07, 2024
Plans To Expand Public Access To Court Docs 'Go Too Far'
Proposals to radically expand access for members of the public to court documents risk disproportionately burdening court staff and lawyers with work and could lead to additional costs, legal experts have said.
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May 07, 2024
Regeneron Hit With Eye Medicine Patent Challenge In UK
A biosimilars specialist and its licensing partner have challenged the validity of Regeneron's U.K. eye medicine patents amid their plans to market an alternative version, telling a London court that the medicine lacks inventiveness and is not worthy of protection.
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May 07, 2024
Apple Seeks To Block 'Hopeless' £853M Battery Class Action
Apple urged an appeals court on Tuesday to allow it to challenge a £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, arguing there is no evidence to support the "hopeless" claim.
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May 07, 2024
Bus Driver Gets £13K For Unfair Dismissal During Pandemic
A London bus driver who did not turn up to work for almost six months following the outbreak of COVID-19 has been awarded £13,400 ($16,810) after he was unfairly dismissed by his employer.
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May 03, 2024
Gov't Emission-Cutting Plan Falls Short In Court Again
Environmental campaigners on Friday successfully challenged the U.K. government's revised strategy for cutting greenhouse gas emissions, after a London court ruled that a minister approved the plan with a "mistaken understanding" that it would achieve its environmental targets.
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May 03, 2024
Headmaster, Teacher To Face Coworker's Discrimination Claim
An appeals tribunal has ruled that the headmaster and former colleague of a primary school teacher are both individually on the hook for her disability discrimination claims because an earlier tribunal wrongly found the discrimination needed to be deliberate.
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May 03, 2024
Ex-Post Office Lawyer Denies Concealing IT Bug From Court
A Post Office lawyer was told of a bug in the accounting system used to prosecute an innocent sub-postmistress days before her trial but did not disclose this to the court, according to documents submitted Friday to the inquiry into the Horizon IT scandal.
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May 03, 2024
Political Aide Asks Tribunal For Damages Over Unfair Sacking
A former Labour Party staff member argued for more than £200,000 ($250,000) in damages on Friday after she won her tribunal claim alleging that the MP she worked for had fired her after she blew the whistle on misconduct that included antisemitism.
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May 03, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.
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May 03, 2024
Arts Charity Sues Over Queen's Holographic Portrait
An arts charity has sued an artist for infringing the copyright it owns in a series of portraits it commissioned of the queen, claiming that he owes the organization £100,000 ($125,500) and substantial fees from unlicensed sales.
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May 03, 2024
Frasers Group Drops €50M Case Against Morgan Stanley
Retail giant Frasers Group PLC has withdrawn its €50 million ($54 million) legal claim in London against Morgan Stanley over a margin call of almost $1 billion on Hugo Boss stock options, the bank said Friday.
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May 03, 2024
Cable Makers Must Face Class Action From UK Energy Customers
Britain's antitrust court gave the go-ahead Friday for the former director of the U.K. gas regulator to lead a class action for millions of electricity customers in Britain against manufacturers of high-voltage power cables that are accused of fixing prices.
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May 02, 2024
Whistleblower Claims Would 'Destroy' Autonomy, GC Was Told
Autonomy's former U.S. general counsel testified Thursday in the criminal fraud trial of former CEO Michael Lynch that the company's chief operating officer didn't want a whistleblower's claims to get into court, telling him that while the "law" was on their side, "the facts look bad" and would "destroy Autonomy."
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May 02, 2024
Mastercard Appeals Jurisdiction Ruling In £10B Class Action
Mastercard argued to a London appellate court Thursday that a £10 billion ($12.5 billion) class action over its swipe fees should be governed by the law of the jurisdiction covering the bank that processed the payment, rather than the jurisdiction of the customers who suffered the loss.
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May 02, 2024
BofA Beats Whistleblower Claim Without Settlement Defense
An employment judge has ruled a whistleblower working for Bank of America did not breach the terms of a settlement when he brought fresh litigation against the bank — but still dismissed his claims for filing them too late.
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May 02, 2024
Insurers Don't Have To Cover Deal Soured Over Bribery Woes
A London appeals court on Thursday rejected a holding company's bid to overturn a ruling that found its insurers were not liable for losses it suffered when its acquisition of a construction contractor went south after bribery and corruption allegations.
Expert Analysis
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Putin Ruling May Have Unintended Sanctions Consequences
By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.
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EPO Decision Significantly Relaxes Patent Priority Approach
In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.
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Landmark EU Climate Case May Shape Future Disputes
The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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Bias Claim Highlights Need For Menopause Support Policies
The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.
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UK Case Offers Lessons On Hiring Accommodations
The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.
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Shifting From Technical To Clear Insurance Contract Wordings
Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.
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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.