Commercial Litigation UK

  • March 14, 2024

    EU Law No Hindrance To Interest Rule, Says ECJ Adviser

    European Union law does not preclude national legislation restricting the ability of taxpayers to deduct interest on a loan that is taken out for non-commercial reasons, an adviser to the bloc's Court of Justice found Thursday.

  • March 14, 2024

    Wright Is Not The Inventor Of Bitcoin, Judge Rules

    A London judge ruled Thursday that Australian computer scientist Craig Wright is not the pseudonymous inventor of bitcoin, ruling that the evidence against his claim to be Satoshi Nakamoto was "overwhelming."

  • March 13, 2024

    Italy Defeats Investor Suit Against Solar Subsidy Reduction

    Italy has beaten back a German investment fund's claims that the country's lowered solar energy subsidies breached treaty obligations to ensure a stable investment environment, after an international tribunal ruled that the scale-down was reasonable, foreseeable and in the best interests of the public.

  • March 13, 2024

    Clyde & Co. Denies Negligence, Calls Ex-Client's Claim 'Loser'

    Clyde & Co. LLP urged a London judge Wednesday to block a construction magnate's $88 million negligence suit against his former lawyers in a lost suit over a failed investment, arguing that the claim for which they acted for him was a "loser at all times."

  • March 13, 2024

    Advertising Co. Appeals Loss Over Rival's Billboard Tech IP

    Sports advertising firm Supponor on Wednesday fought to overturn a finding that it had infringed a rival's patent for moving digital billboard displays, saying its technology can't infringe because it's an obvious extension of its own previous patent.

  • March 13, 2024

    Medical Device Maker Sues Rival Over Bladder Stone Tech

    A Chinese medical device maker has accused a rival of infringing its patented suction device to remove bladder stones by marketing a similar-looking sheath at an annual industry conference.

  • March 13, 2024

    EasyGroup Fights Beauty Retailer Over easyCOSMETIC TM

    EasyGroup has accused beauty products retailer easyCOSMETIC of infringing its easyJet trademark, arguing in a London court on Wednesday that the online store's logo is leading customers to falsely believe it is associated with the group.

  • March 13, 2024

    Marketing Boss Says LC&F Services Provided In 'Good Faith'

    The head of a marketing company that provided services to London Capital & Finance did so in "good faith," and had no knowledge of an alleged Ponzi scheme, his lawyer told a London trial on Wednesday over the £237 million ($304 million) investment scandal.

  • March 13, 2024

    Nurse Mistaken About Filing Time Limits Resurrects Claim

    An NHS nurse won a second crack at her unfair dismissal claims after an appellate tribunal ruled that she only missed the deadline to file because she was genuinely mistaken about the time limits.

  • March 13, 2024

    Security Tech Biz Claims $12.5M For 'Obsolete' CCTV Software

    A Taiwanese security technology company has countersued an AI video analytics business for $12.5 million over a deal to buy the rights to CCTV-analyzing technology, arguing that the software it bought was "near obsolete."

  • March 20, 2024

    4-5 Gray's Inn Square Hires Spanish Barrister

    4-5 Gray's Inn Square has recruited a Spanish barrister-arbitrator with experience in sitting as a judge, positioning the chambers to attract Latin American clients as arbitration concerns in the European Union push investors to look for common-law forums.

  • March 13, 2024

    Four Car Manufacturers To Face Dieselgate Trial In 2025

    Ford and Nissan are among four major carmakers that will face trial in October 2025 over claims on behalf of 1.25 million motorists alleging that the manufacturers used in-car technology to cheat emissions tests, Leigh Day said Wednesday.

  • March 13, 2024

    Saudi Gov't Loses Immunity Appeal After Solicitors Back Out

    An appeal by Saudia Arabia's British embassy against a religious discrimination claim brought by a former employee was dismissed on Wednesday after the diplomatic outpost failed to pay its solicitors at RPC to continue representing it.

  • March 13, 2024

    CMA Fights Decision To Block Raid On Home In Cartel Probe

    Britain's antitrust watchdog challenged on Wednesday the refusal by a tribunal to grant a warrant to raid the home of an individual connected to a chemicals cartel investigation, claiming the decision could make it impossible for enforcers to search domestic properties.

  • March 13, 2024

    Apprentice Wins £25K After Telecoms Biz Cut Role Short

    A telecommunications company must pay a former apprentice £25,000 ($32,000) after breaching his contract by cutting ties with him before the end of his term, a Scottish tribunal has ruled.

  • March 13, 2024

    Energy Co. Founder Denies Owing Abraaj Investment $41M

    The founder of an energy company has denied an investment management firm's claim it is owed $41 million by the electrical manufacturer that part-owned his business, telling a London court that the alleged debt was transferred to a UAE bank.

  • March 12, 2024

    IPhone Users' £853M Battery Suit Gets OK On Funding Revamp

    Apple must face an £853 million ($1 billion) class action claim alleging it concealed problems with iPhone batteries after Britain's antitrust tribunal said Tuesday that a revised litigation funding deal overcomes the hurdle recently thrown up by the country's highest court.

  • March 12, 2024

    Ericsson Fights To Fend Off Lenovo FRAND Battle In UK

    Ericsson asked a London court on Tuesday to reject Lenovo's request for fair rates for the use of each other's patents to be set in the U.K., arguing that the Chinese tech giant was forum shopping to disturb ongoing proceedings in the U.S.

  • March 12, 2024

    Civil Servants Appeal For 2nd Shot At Age Bias Challenge

    Twenty civil servants argued Tuesday that they were not given a fair shot at their claim that a redundancy compensation scheme was unjustifiably biased against older staff.

  • March 12, 2024

    Immigration Lawyer Caught In Sting Loses Strike-Off Appeal

    An immigration lawyer lost his appeal on Tuesday to stay on the rolls, after he was caught by an undercover journalist recommending that a client gather false documents for a visa application, with a London court ruling that his appeal was "totally without merit."

  • March 12, 2024

    'Clearer Than Ever' That Wright Is Not Satoshi, Developers Say

    Lawyers for developers seeking to prove that Craig Wright is not the pseudonymous inventor of bitcoin told the High Court that it is "clearer than ever" that the Australian computer scientist is not Satoshi Nakamoto in closing arguments on Tuesday.

  • March 12, 2024

    Staffer Who Sent Sex Doll To Boss Unfairly Axed By Tech Biz

    A tech company unfairly fired an employee who sent their manager a sex doll, an employment tribunal ruled, although it also rejected the staffer's bid for £16 million ($20.6 million) in damages and their request to be reinstated.

  • March 12, 2024

    Italian Can Sue South African Wildlife TV Channel In The UK

    An Italian citizen working in South Africa can sue a popular wildlife channel in the U.K., after an employment tribunal ruled that he was effectively treated like a local worker and paid his taxes as one.

  • March 12, 2024

    Spanish PE Firm Denies Owing PwC €2M Over Hotel Deal

    A Spanish private equity firm has said it does not owe a €2 million ($2.2 million) fee to PricewaterhouseCoopers LLP, claiming the Big Four accounting firm failed to provide all the services required under an agreement to raise money to buy a hotel in Mallorca.

  • March 12, 2024

    Motorbike Apparel Biz Sues Retailers For Design Infringement

    A motorcycle clothing company has sued several retailers for £50,000 ($63,800) in a London court for allegedly infringing its design rights over multiple protective apparel styles.

Expert Analysis

  • When Can Bonuses Be Clawed Back?

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    The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.

  • The State Of UK Litigation Funding After Therium Ruling

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    The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.

  • Trial By AI Could Be Closer Than You Think

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    In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.

  • Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds

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    With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • How The Netherlands Became A Hub For EU Class Actions

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    As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.

  • Navigating The Novel Challenges Facing The Legal Profession

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    The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.

  • New Fixed Costs Rules May Have Unforeseen Consequences

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    The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.

  • A Look At Enforcing And Contesting Arbitral Awards In Qatar

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    As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Oil And Gas Case Highlights Judicial Review Climate Trends

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    Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.

  • Collapse-Risk Buildings Present Liability Challenges

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    Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.

  • Age Bias Cases Illustrate Key Employer Issues On Retirement

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    Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.

  • Why Indonesia Feels Frustrated By Airbus Dispute Outcome

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    Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.

  • UAE Bank Case Offers Lessons On Enforcing Foreign Rulings

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    The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.

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