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Commercial Litigation UK
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April 09, 2024
Worker Sacked For Posting Facebook Meme Wins £15K
A tribunal has awarded an employee of a lighting manufacturer almost £15,000 ($19,000) after concluding that her boss unfairly sacked her for re-posting a work-related meme on Facebook.
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April 09, 2024
Insurance Director Denies Inducing Employees' Defection
The director of an insurance startup incubator has denied allegations that he induced a managing general underwriter's employees to violate their duties when they left to found a new business, saying he believed the establishment of the new company was lawful.
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April 09, 2024
Newcastle United Accused Of Harming Fans With Kit Deal
Lawyers representing Sports Direct asked the U.K.'s antitrust court on Tuesday to grant an injunction to force Newcastle United to stock its stores with the soccer club's replica kits after a rival retailer was given an exclusive supply deal.
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April 09, 2024
Gaming Co. Fires Back In 'Burning Hot' TM Clash With Rival
A casino gaming business has hit back at a challenge to the validity of its "Mini Burning Hot" trademark, arguing that its rival is trying to relitigate earlier proceedings and alleging that the competitor's U.K. trademark protections are invalid.
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April 08, 2024
Ex-Autonomy Exec Says Boss's Invoice Ask Caused Concern
A former Autonomy finance employee took the stand Monday in the criminal fraud trial of ex-CEO Michael Lynch and finance director Stephen Chamberlain, telling a California federal jury that he was "not comfortable" with one of Chamberlain's invoice requests and was sacked after raising concerns about accounting irregularities.
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April 08, 2024
Canada's High Court Enforces Award In Greek Defense Suit
The Supreme Court of Canada has affirmed the enforcement of an arbitral award in a dispute over a contract between aircraft manufacturer Bombardier Inc. and Greece's Ministry of National Defence, saying a Canadian bank had to refuse payment to the beneficiary of a letter of credit because of fraud.
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April 15, 2024
Kingsley Napley Debuts Int'l Arbitration Unit With New Partner
Kingsley Napley LLP has hired a partner from Candey LLP to lead a new international arbitration practice amid rising demand from clients to settle disputes outside traditional courts, the law firm said Monday.
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April 08, 2024
Council CEO Unlawfully Warned Against Strike, Tribunal Rules
A local council boss violated worker protection laws when he sent a "highly unusual" email to staff, an employment tribunal has ruled, concluding it was intended to convince them not to vote in favor of an impending strike.
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April 08, 2024
BT Unfairly Sacked Disabled Worker, Tribunal Rules
A British Telecommunications PLC worker who was forced to medically retire due to her disability was unfairly dismissed through an "unreasonable" procedure, a tribunal ruled.
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April 08, 2024
Barrister Suspended For Failing To Pay £64K Court Order
A barrister has been banned from practicing for six months after a tribunal concluded he damaged trust in himself or the legal profession by failing to comply with a court order to pay £64,000 ($80,875).
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April 08, 2024
UK Eyes Reforms To Ease Corporate Apologies To Victims
The government opened a new consultation on Monday into potential reforms that would make it easier for companies to apologize to alleged victims of wrongdoing, including in cases where organizations might be vicariously liable for the actions of an employee or a member.
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April 08, 2024
Lloyd's Syndicates Fight Not To Cover US Nightclub Bias Suits
Two insurance underwriting syndicates hit back at a London claim from an international hospitality group that wants to be indemnified for two putative class actions alleging sex discrimination against men and nonbinary people at a California nightclub.
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April 08, 2024
Solicitor Accused Of Falsifying Costs Faces Tribunal
A solicitor was brought before a disciplinary tribunal on Monday to face allegations that he made untruthful statements in costs schedules submitted to the High Court and undermined confidence in the legal profession.
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April 08, 2024
Minister Calls For Prison Time Over Post Office IT Scandal
Individuals in the Post Office who wrongfully prosecuted innocent sub-postmasters "should go to jail," a minister said on Monday, on the eve of the inquiry into the miscarriage of justice resuming.
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April 08, 2024
Attwells Denies Breaking Promise In £1.2M Loan Dispute
Attwells Solicitors LLP has denied promising that it was acting on behalf of a man who, the law firm says, was probably fraudulently posing as the owner of two properties in a move to borrow £775,000 ($980,000) from a finance company.
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April 08, 2024
Quran Teacher Wins Sex, Race Bias Case Against Mosque
A female Quran teacher has won her race and sex discrimination case against a London mosque, with a tribunal ruling in a judgment published Monday that leaders viewed her as "expendable" because she was a Somali woman and unfairly fired her when pupil numbers dwindled.
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April 08, 2024
Saturday Work Is Not Sex Discrimination, Tribunal Rules
London Underground did not discriminate against an employee by refusing to give her Saturdays off to look after her child — but the transport operator botched the process for assessing her request for flexible working, a tribunal has ruled.
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April 15, 2024
Hill Dickinson Hires 2 Teams From Irwin Mitchell
Hill Dickinson LLP has recruited two groups of real estate specialists from Irwin Mitchell LLP for its new office in Birmingham after a corporate team made a similar move earlier in the year.
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April 05, 2024
Miner Faces Mounting Financial Woes After Failed Arbitration
Nearly a month after losing its $4.4 billion arbitration against Romania over a blocked gold and silver mining project, Canadian mining company Gabriel Resources said Thursday that it's facing a major cash crunch as it continues to weigh its options to try to revive its claims.
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April 05, 2024
CMS Breached Instructions Over Lawyer Fees, Ex-Client Says
A former CMS Cameron McKenna Nabarro Olswang LLP client told a London court Friday that the law firm acted in breach of instructions when using some of the money earmarked for counsel in civil and criminal proceedings to pay itself.
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April 05, 2024
Korean Trade Promoter Wins Claim Despite Kickback Bid
A South Korean trade agency unfairly dismissed a London-based employee of over 20 years — but won't have to pay him a dime after he tried to negotiate a secret commission, an employment tribunal has ruled.
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April 05, 2024
High Court Limits Use Of Confidential Info In $3.7B Asset Fight
Relatives of a dead Russian oligarch and an investment company accused of international fraud on Friday partially succeeded in obtaining an order to prevent the alleged misuse of their confidential information.
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April 05, 2024
Exec Wins £61K After Being Forced To Quit Following Merger
A bedding company must pay its former managing director £61,000 ($77,000) after it forced him to quit following a merger by backtracking on his benefits under the deal, and blocking him from entering the premises, a tribunal has ruled.
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April 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the BBC sued by former Georgian defense minister David Kezerashvili, Russian businessman Ildar Sharipov file a defamation claim against the publisher of the Liverpool Echo newspaper, MEX Group Worldwide sue Barclays and NatWest, and a climbing gear company hit retailer Next with a claim of copyright infringement. Here, Law360 looks at these and other new claims in the U.K.
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April 05, 2024
6 Questions For Paul Hastings' Stuart Alford KC
Paul Hastings LLP's new partner, Stuart Alford KC, is a former senior official at the Serious Fraud Office and has worked at two heavyweight U.S. firms, Kirkland & Ellis and Latham & Watkins. Here, he talks to Law360 about his career and about white-collar crime.
Expert Analysis
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How The Law Must Change To Accommodate Digital Assets
The Law Commission's recent report shows that the common law of England and Wales is well suited to adapt to digital assets, and with targeted statutory reform to unlock the possibility of recognizing property in intangible things, the U.K. can become an ideal hub for parties to transact with emerging technology, says Sarah Green at the commission.
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Copyright Trial Defense Tips From 'Thinking Out Loud' Case
The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.
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UK Tribunal Ruling Sheds Light On Workplace Speech Issues
The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.
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Leading THC Case Lends Support To UK Legalization Debates
Even though the Court of Appeal's ruling in R v. Margiotta on legally importing and supplying low THC cannabis cannot be relied on post-Brexit, it provides powerful arguments for the legalization of supply in low THC cannabis, including the fact the product is not considered a narcotic drug, say Robert Jappie at Fieldfisher and Josh Normanton at Trinity Chambers.
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Employment Tribunal Data Offers Workplace Practice Insights
A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.
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Unpacking The Rwanda Policy Appeal Decision
The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.
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Getty Case Will Be Pivotal For Generative AI Copyright Issues
The Getty v. Stability AI litigation in the U.K. and U.S. raises legal ambiguities on who owns generative artificial intelligence output, and the outcomes will set a major precedent on copyright practices for businesses in both countries and beyond, say Victoria Albrecht at Springbok AI and Mark O'Conor at DLA Piper.
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ESG Litigation May Move Toward Untrue Statement Claims
As the environmental, social and governance agenda has gained significant momentum, and more activists and investors hold businesses accountable to their commitments, the Financial Services and Markets Act provides a legal vehicle for shareholders to exert pressure on listed companies, say Rupert Lewis and Ceri Morgan at Herbert Smith.
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What The Collective Interests Bill May Mean For Irish Litigation
As multinational corporations continue to increase their presence in Ireland, the forthcoming Collective Interests of Consumers Bill is expected to significantly alter the Irish litigation landscape and provide fertile ground for consumer-led group actions, backed by a gradual edging toward wider third-party litigation funding reform, say lawyers at Kennedys.
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Successfully Implementing AI Rules Requires A Cultural Shift
Recent positive use cases of artificial intelligence demonstrate the potential benefits it can bring to the legal profession, and while the development of AI rules is essential, their effectiveness depends on user adoption, behavioral change and human acceptance, say Charlie Morgan and Salman Dhalla at Herbert Smith.
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Recent Cases Mark Maturation Of CAT Class Cert. Approach
The Competition Appeal Tribunal's recent refusal to grant collective proceedings applications against Visa and MasterCard in the Commercial and Interregional Card Claims case shows that the tribunal takes its role as a gatekeeper seriously, and that it will likely continue to be difficult for defendants to defeat certification first time around, say lawyers at Linklaters.
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Why The UK Needs Tougher Fraud Enforcement
The Crown Court's recent conviction of Anthony Constantinou for running a Ponzi scheme is a rare success for prosecutors, highlighting the legal system's painfully slow course when it comes to complex fraud, and the need for significant funds and resources in the fight against financial crime, says James Clark at Quillon Law.
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Global M&A Outlook: Slow But Moving Along
Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.
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Emmentaler Case Elucidates Recipe For EU Food Trademarks
In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.
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Why Int'l Investors Should Keep An Eye On German M&A Regs
While German reform proposals will digitize corporate law formalities that have long been immune to change, international limitations remain, particularly for countries outside the European Union, as Germany moves to tighten regulatory hurdles to control inbound investment, say Marcus Geiss and Sonja Ruttmann at Gibson Dunn.