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Commercial Litigation UK
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May 01, 2024
Autonomy CEO's Atty Says Judge 'One-Sided' Against Client
A Steptoe LLP partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial accused the judge overseeing the case of making comments to the jury that are "one-sided" in a way that prejudices the defense.
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May 01, 2024
Teacher Argues Ban Over Pronoun Use Violates Human Rights
A teacher banned from the profession for misgendering a transgender pupil argued Wednesday that the prohibition unjustifiably interfered with his rights as a Christian.
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May 01, 2024
Court Staffer Wins Case Over Colleague's Grievance Lie
An administrative officer at a Manchester magistrates court has won her claim alleging that her manager victimized her by lying about her accusing him of being "all over" a new recruit.
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May 01, 2024
FCA Opposes Paying Ex-Julius Baer Manager's Legal Costs
The U.K.'s Financial Conduct Authority urged a London appellate court Wednesday to overturn a tribunal's decision to make it pay part of a former Julius Baer employee's legal costs, saying the tribunal unfairly ruled that the FCA had unreasonably not called witnesses who were overseas.
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May 01, 2024
Abbott Wants Sales Of Rival Glucose Monitor Barred For Now
A subsidiary of Abbott Laboratories urged a London court Wednesday to bar medical devices rival Sinocare Inc. from mass marketing a glucose monitoring system that it argues is highly similar to a trademark for one of its own products.
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May 01, 2024
Bayer Gets Chance To Appeal Xarelto Patent Loss
Bayer AG can appeal a High Court decision that nixed a patent for its blockbuster drug Xarelto in the U.K., the U.K. judiciary confirmed on Wednesday.
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May 01, 2024
Medivet Exec Wins Claim Over Feeling 'Forced Out' By CEO
The former head of clinical operations at Medivet won her claim on Tuesday accusing the private equity-owned veterinary chain of breaching her contract when the new CEO drastically changed her role while restructuring the business's management.
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May 01, 2024
Game Developer Denies Copying Rival's 'Generic' Racing App
A British game developer has hit back at its French rival in a copyright feud over the pair's mobile games, telling a London court that any similarities between the apps are nondistinctive features that don't merit protection.
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May 01, 2024
Head Of Judiciary Sets Up Board For Open Justice Reform
The head of the judiciary in England and Wales announced she has established a judge-led board to modernize open justice in courts and tribunals by exploring the "careful" expansion of broadcasting hearings and making it easier for the press to attend them online.
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May 01, 2024
Gov't To Pay £19K For Worker Status Error
An employment tribunal has ruled that the government owes a company director £19,522 ($24,371) after the Insolvency Service rejected his redundancy payment claims and mistakenly concluded that he wasn't an employee.
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May 01, 2024
Ex-Cartwright King Lawyer Denies Post Office Stalling Tactic
A former Cartwright King lawyer who prosecuted people for the Post Office based on faulty IT data denied there was a "tactic" to delay the disclosure of vital evidence to the defense, as he gave evidence to the inquiry into the Horizon scandal on Wednesday.
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May 01, 2024
Boris Becker Gets UK Bankruptcy Order Lifted
Boris Becker is no longer bankrupt after a London court released the multiple Grand Slam tennis champion on Wednesday from any further liability arising from his bankruptcy debt in the U.K.
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April 30, 2024
Ex-Autonomy VP Says CEO Lynch Told Him To Lie To Investors
A former Autonomy business development executive testified Tuesday that CEO Mike Lynch directed him to lie to a hedge fund investor about prepaid royalty deals that boosted the company's upfront revenue numbers, saying at Lynch's criminal fraud trial that it was hard to say no to the "big boss."
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April 30, 2024
Cartwright King Warned Post Office Of Giving Defense Ammo
A Cartwright King lawyer warned that the Post Office announcing an independent review into the IT system used to wrongfully prosecute innocent people would "give ammunition" to the defense, according to documents disclosed to the inquiry into the scandal Tuesday.
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April 30, 2024
HSF's Paula Hodges On Arbitration's Future — And Her Own
Herbert Smith Freehills LLP announced earlier this month that Paula Hodges KC will retire from the firm as of Wednesday, with Simon Chapman KC and Andrew Cannon taking her place as co-heads of the global arbitration practice. Law360 recently sat down with Hodges, who spent her entire 37-year career at Herbert Smith Freehills, to talk about what's next, how commercial arbitration has evolved over her career, and her experience as one of the first women in international arbitration.
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April 30, 2024
Oil Co. Claims Nigeria In For Windfall From $11B Win Legal Bill
An oil and gas company urged a London appellate court on Tuesday to change the currency for Nigeria's legal costs from a battle over an $11 billion arbitration award due to bribery and fraud, arguing the West African state would profit from exchange rate fluctuations.
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April 30, 2024
Care Home To Pay £63K After Forcing Whistleblower Out
An employment tribunal has ordered a children's care company to pay £63,400 ($80,000) to a deputy head, after it punished him for raising concerns about the separation of three siblings and subsequently forced him to resign.
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April 30, 2024
Office Administrator Who Was Forced To Resign Wins £6K
An office administrator for a rural women's association in north England has won over £6,000 ($7,520) in a case accusing the association of unlawfully pushing her out when her relationship with the committee chair broke down.
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April 30, 2024
Payment Co. Hits Back Over Failed Domain Name Deal
Several payments companies and their bosses have hit back at claims by a Nuvei Group subsidiary, denying that they broke a promise to use the company's payments technology as part of a deal to use a website domain.
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April 30, 2024
Rival Denies Using IBM Software Secrets At London Trial
Tech company LZLABS denied allegations that it reverse-engineered proprietary technology owned by IBM, telling a London judge Tuesday that its software was not developed using any inner workings or hidden secrets of IBM programs.
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April 30, 2024
Tesco Sues Truckmaker Over Emissions Price Fixing Cartel
Supermarket giant Tesco is seeking damages from Scania after the Swedish truck manufacturer was fined by the European Commission over its role in a price-fixing cartel, according to a claim filed with the U.K.'s antitrust court Tuesday.
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April 30, 2024
NHS Wrongly Blocked Whistleblowing Staffer From Working
A National Health Service trust wrongly stopped an employee from returning to work following a sickness absence after he blew the whistle on patient health risks amid concerns over which medicines his colleagues were prescribing, a tribunal has ruled.
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April 30, 2024
Ex-DWF Barrister Disbarred Over False Discrimination Claims
A tribunal disbarred a formed DWF barrister on Tuesday after concluding that he had dishonestly targeted his boss with false allegations of homophobia and racism, possibly to deflect attention from complaints of misconduct made against him.
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April 30, 2024
Eatery Can't Extend 'Physical Damage' Policy To COVID Claim
An appellate court threw out on Tuesday a restaurant owner's attempt to broaden the scope of a business interruption policy lacking any "nondamage" extensions to include losses sustained during the COVID-19 pandemic.
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April 30, 2024
Vanquis Bank Seeks £4.5M For Law Firm's Complaints Deluge
Vanquis Bank Ltd. is seeking an estimated £4.5 million ($5.6 million) from a law firm it says has sent it thousands of meritless complaints, accusing it of irresponsible lending in a "reckless and indiscriminate" approach to earn commission if a claim happens to succeed.
Expert Analysis
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Opinion
New Property Category Not Needed To Regulate Digital Assets
The U.K. Law Commission's exploration of whether to create a third category of property for digital assets is derived from a misreading of historical case law, and would not be helpful in resolving any questions surrounding digital assets, says Duncan Sheehan at the University of Leeds.
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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.