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Commercial Litigation UK
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June 30, 2025
UK Supreme Court Denies Russia Immunity In $63B Yukos Case
Russia has been denied permission to challenge an appellate court ruling in Britain dismissing its attempt to use state immunity to block former investors in Yukos Oil Co. from enforcing more than $63 billion in arbitral awards they won nearly 11 years ago, the investors said Monday.
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June 30, 2025
HMRC Investigated Avoidance Scheme Enough, Court Rules
HM Revenue & Customs didn't need to investigate further before determining that nearly 50 consultants owed taxes on income routed through offshore entities on the Isle of Man, the High Court of Justice said in declining to review the British tax authority's decision.
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June 30, 2025
Co-Op Workers' Risk Of Abuse Relevant To Equal Pay Claim
A group of U.K. retail workers notched a victory in their equal pay claim against Co-Op after an employment tribunal ruled that the physical demands of their jobs and the risk of violence should be considered when comparing their duties to those of warehouse operatives.
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June 30, 2025
Software Startup Says Ideagen Trademark Use Not Deceptive
A software startup founded by the former directors of a company acquired by Ideagen has hit back at claims it lured customers away through deception, telling a court that it has every right to compete with Ideagen.
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June 30, 2025
Class Rep Can Bid To Revive £800M Water Pollution Case
An environmental consultant has won permission to challenge a U.K. antitrust court's decision to toss her proposed £800 million ($1.1 billion) class action against several water companies over their alleged failure to report pollution, her lawyers said Monday.
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June 30, 2025
Indian Co. Accuses UK Wholesaler Of Damaging Flour Brand
Indian conglomerate ITC has accused a British wholesaler of infringing its trademarks over "Aashirvaad" wheat flour, telling a London court that the company has imported goods intended only for India into the U.K.
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June 30, 2025
Rights Group Loses Bid To Halt UK F-35 Parts Sales To Israel
A Palestinian human rights organization lost its bid on Monday to force the U.K. government to suspend all arms export licenses to Israel, with a court ruling that an exclusion for parts for F-35 fighter jets was not unlawful.
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June 30, 2025
Judge Scolds Rep For Using Slang 'Karen' In Bias Case
A tribunal has criticized a support worker's friend and representative for using the derogatory term "Karen" to describe the way management treated her at a mental health charity while helping the former employee in her unsuccessful discrimination claim.
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June 30, 2025
Fired Legal Chief Stops Cosmetic Pharma From Seizing Docs
A London court has overturned an order that required a sacked chief legal officer to hand over documents which allegedly expose her "sham" redundancy from a cosmetic pharmaceutical company.
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June 30, 2025
Argentina Claims Sovereign Immunity In $16B Oil Biz Dispute
Argentina argued on Monday that a group of minority shareholders of nationalized oil company YPF SA cannot enforce a $16 billion New York judgment in England because the ruling is on the country's sovereign actions.
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June 30, 2025
UK Fights To Cut Unions' Claims Over EU Copyright Law Breach
The government urged a judge on Monday to toss most of a legal claim brought by two U.S. trade unions and fund trustees for not properly instituting European Union copyright laws, arguing that the unions did not have standing to bring their claims.
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June 30, 2025
Ex-Stobart Boss Loses Latest Conspiracy Case Over Sacking
Stobart Group's former chief executive has lost his latest battle to prove an alleged conspiracy to remove him as chair of the logistics company, as a judge ruled that his case against some of its shareholders was an unlawful attempt to re-open earlier claims.
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June 30, 2025
Japanese Chemicals Biz Takes Aim At Rival's Patents In UK
A subsidiary of Japanese chemicals firm Kuraray has asked a London court to strip a rival of three patents linked to laminated glass for a head-up display, arguing that the patents are all invalid.
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June 27, 2025
UK Tribunal Says Visa, Mastercard Fees Infringe Antitrust Law
A U.K. tribunal issued a judgment Friday siding with merchants seeking damages from Visa and Mastercard for claims they were charged excessively high transaction fees, finding the interchange fees merchants pay to banks violate competition law.
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June 27, 2025
How Staley's Legal Bid To Save His Reputation Backfired
Former Barclays boss James "Jes" Staley's bid to salvage his reputation has backfired in the face of a London tribunal's findings he "lacked credibility" due to the "overwhelming" evidence of his close relationship with convicted sex offender Jeffrey Epstein.
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June 27, 2025
Biotech Co. Beats 'Bad Leaver' Ex-CEO's Claim Over Ouster
An employment tribunal has refused to reconsider a former chief executive's claims that a biotech startup fired him for blowing the whistle on poor company strategies, ruling that his new evidence still didn't prove he was punished.
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June 27, 2025
Law Firm Fails To Ax Vanquis Bank's £4.5M Complaints Case
A London judge has refused to throw out Vanquis Bank's £4.5 million ($6.1 million) claim against a law firm it alleges inundated it with thousands of meritless complaints over loans, ruling that although the facts underpinning the claim were "novel," it was based on "well-established" principles.
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June 27, 2025
UK Joins Arbitration Appeals Alternative Amid WTO Paralysis
The U.K. has officially joined a World Trade Organization-led contingency plan designed to keep the door open for appeals in international trade disputes, despite the continued dormancy of the WTO Appellate Body.
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June 27, 2025
Loft Supplier Denies Copying Rival's 'Loft Leg' Design
A supplier of loft equipment has denied infringing a rival's designs for a structural support pillar, telling a London court that its own variation gives a different overall impression to consumers.
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June 27, 2025
SRA Requests Post Office Files In Horizon IT Scandal Probe
The English solicitors' watchdog has asked a London court to compel the Post Office to hand over documents to the regulator's investigation into lawyers who worked for the company, following the Horizon IT scandal.
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June 27, 2025
Train Operator To Pay £75K After Failing To Rehire Conductor
A former West Midlands Trains conductor has won more than £75,000 ($103,000) after the rail operator defied a tribunal order to give him his job back, despite a ruling that reinstatement was not only possible but fair and reasonable.
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June 27, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the British Basketball Federation sued by members of the men's professional basketball league for alleged competition breaches, songwriter Coco Star file an intellectual property claim against Universal Music Publishing, and the Solicitors Regulation Authority file a claim against the Post Office amid ongoing investigations into law firms linked to the Horizon IT Scandal. Here, Law360 looks at these and other new claims in the U.K.
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June 27, 2025
Aon Denies Ex-Exec's $1.3M Bonus Bid Over Early Exit
Aon has rejected its former insurance consulting chief's $1.3 million claim for bonus and stock options, arguing that his employment contract ended before the payout date.
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June 27, 2025
Tottenham Sues Ineos For £11.2M Over Sponsorship Exit
Tottenham Hotspur Football Club asked a London court to order Ineos Automotive to pay it almost £11.2 million ($15 million) for dropping out of a five-year sponsorship deal part way through.
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June 27, 2025
Joey Barton Defends Aluko's Libel Claims Over Online Posts
Former professional footballer Joey Barton has hit back at claims that he defamed a Black England women's player turned pundit by alleging that she "cynically sought to exploit her race," telling a London court that the remark was true.
Expert Analysis
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Ruling In FCA Case Offers Tips On Flexible Work Requests
In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.
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Pension Scheme Ruling Elucidates Conversion Issues
In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.
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New Fraud Prevention Offense May Not Make Much Difference
By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Decoding UK Case Law On Anti-Suit Injunctions
The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.
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Litigation Funding Implications Amid Post-PACCAR Disputes
An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.
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EU Product Liability Reforms Represent A Major Shakeup
The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Building Safety Ruling Offers Clarity On Remediation Orders
The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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EU Report Is A Valuable Guide For Data Controllers
The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Employers Can 'Waive' Goodbye To Unknown Future Claims
The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.