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Commercial Litigation UK
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April 09, 2024
Chinese Co. Wants To Nix Abbott's 3D TM For Diabetes Tech
A group of Chinese companies hit back at Abbott's claims that they copied a 3D trademark for a continuous glucose monitoring device, arguing that the product's features shouldn't be protected in the first place.
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April 09, 2024
Canine Toilet Biz City Doggo Bites Back At Rival's TM Claim
A company that makes grass toilets for dogs has hit back at its competitor, after the rival business accused it of ripping off its natural pee patch featured on the BBC TV show "Dragons' Den."
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April 09, 2024
Apple To Appeal Funding OK For IPhone Users' £853M Claim
Apple has won permission to appeal a decision to let an £853 million ($1 billion) class action claim go ahead for allegations the tech giant concealed problems with iPhone batteries, despite challenges to the funding arrangements.
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April 09, 2024
Kigen, Thales Settle Dispute Over SIM Card Standard Patent
A U.K. tech company and a subsidiary of French electronic giant Thales Group have settled their dispute over fair licensing terms for standard-essential technology used to remotely activate SIM cards in mobile phones.
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April 09, 2024
Medical Device Maker Fights Kidney Stone Tech Patent Claim
A U.K. medical device maker has denied that its bladder stone-removing technology infringes a Chinese rival's patent for a similar-looking product, saying it will continue to put its devices on the market.
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April 09, 2024
Climate Inaction Violates Human Rights Law, ECHR Rules
The European Court of Human Rights found on Tuesday that the Swiss government was at fault over failures to tackle global warming, one of three major decisions on climate change that could affect litigation in the future.
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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.
Expert Analysis
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When Can Bonuses Be Clawed Back?
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.
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The State Of UK Litigation Funding After Therium Ruling
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.
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Trial By AI Could Be Closer Than You Think
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.
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Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds
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.
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Nix Of $11B Award Shows Limits Of Arbitral Process
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.
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How The Netherlands Became A Hub For EU Class Actions
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.
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Navigating The Novel Challenges Facing The Legal Profession
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.
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New Fixed Costs Rules May Have Unforeseen Consequences
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.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
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.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
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.
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Oil And Gas Case Highlights Judicial Review Climate Trends
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.
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Collapse-Risk Buildings Present Liability Challenges
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.
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Age Bias Cases Illustrate Key Employer Issues On Retirement
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.
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Why Indonesia Feels Frustrated By Airbus Dispute Outcome
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.
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UAE Bank Case Offers Lessons On Enforcing Foreign Rulings
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.