Commercial Litigation UK

  • October 03, 2024

    Panasonic Chided For 'Indefensible' Conduct In FRAND Case

    A London appeals court ruled Thursday that Panasonic did not act in good faith in licensing talks with Xiaomi for its suite of telecom patents, calling the Japanese tech giant's conduct during licensing negotiations "indefensible."

  • October 03, 2024

    Joyvio's British Salmon Fraud Claim Moved To Chile

    A London court ruled Thursday that a dispute between Chinese food giant Joyvio Group and the former owner of one of its salmon-farming businesses in England over the alleged artificial inflation of the value of the company should be heard in Chile.

  • October 03, 2024

    Putin Seized Planes In Political Act, Insurers Say At UK Trial

    A group of aviation insurers are fighting to limit potential payouts for aircraft stranded in Russia, telling a London court on Thursday that orders from Russian President Vladimir Putin kept hundreds of Western-owned planes from being returned to their lessors in a political act after sanctions were imposed.

  • October 03, 2024

    Health Worker Unable To Rescind Resignation Wins Claim

    A support worker at an adult care provider proved she was victimized for complaining about bias in the workplace but couldn't sway the employment tribunal to rule that discrimination had actually taken place.

  • October 03, 2024

    Lufthansa Demands Profits From Power Outlet Patent Breach

    Lufthansa claimed in a London trial Thursday that three avionics companies found to have infringed its patent on a method of allowing airline passengers to access power outlets should turn over all profits from sales of the infringing system.

  • October 03, 2024

    Cutrale Family Fails To Crush Orange Juice Cartel Claims

    A London appeals court refused to strike over 1,300 claims from Brazilian orange farmers who allege t​he father and son at the helm of juice giant Cutrale participated in a price-fixing cartel, saying the family can defend the claims at trial by arguing they weren't brought in time.

  • October 03, 2024

    Christian Worker's LGBT Posts Not Free Speech, School Says

    A school that fired an administrator over her anti-LGBT social media posts told an appeals court on Thursday that her posts could be too offensive to be protected by her right to express religious beliefs.

  • October 03, 2024

    Whisky Fund Manager To Pay £51K Over Sexist Treatment

    An employment tribunal has ordered an investment consultancy specializing in rare whiskies to pay £51,800 ($68,000) to a female staff member after employees harassed her and forced her out with sexist treatment.

  • October 03, 2024

    Freeths Says Developer At Fault In £7M Warehouse Value Row

    Freeths has hit back at a developer's £7.5 million ($9.8 million) negligence claim accusing the law firm of tanking the value of a warehouse, arguing that it had no prospect of avoiding the imposition of noise conditions when it started demolishing the building.

  • October 02, 2024

    FCA Wins Appeal In $700M BlueCrest Investor Redress Case

    The Financial Conduct Authority can resume its bid to impose a redress scheme of more than $700 million for investors of hedge fund BlueCrest Capital Management, an appeals court said Wednesday, ruling that a tribunal wrongly held that the regulator did not have that power.

  • October 02, 2024

    'YouTube Shorts' Hurts Image Of Short Films, Distributor Says

    Google has damaged the descriptive brand of short films by leading consumers to associate them with the tech giant's 'YouTube Shorts' video platform, international film distributor ShortsTV said Wednesday on the first day of a London trial accusing the tech giant of infringing ShortsTV's trademarks. 

  • October 02, 2024

    Lawyers Fail To Overturn EU Ban On Legal Services To Russia

    The European General Court on Wednesday dismissed an attempt by French and Belgian lawyers to overturn prohibitions on providing legal advice to Russia, clarifying that the ban only applies when the advice has no link to judicial proceedings.

  • October 02, 2024

    'Petsure' Name Infringes 'Vetsure' TM, Appeals Court Says

    A pet insurance company has convinced an appeals court that shoppers would likely confuse its "Vetsure" trademark with its rival's "Petsure" name, given the conceptual similarity between the two.

  • October 09, 2024

    Shoosmiths Adds Privacy & Data Partner From BCLP

    Shoosmiths LLP has hired a new partner to its privacy and data unit in London from Bryan Cave Leighton Paisner LLP, with the new arrival saying Wednesday that an immediate rapport with Shoosmiths' partners led her to jump ship.

  • October 02, 2024

    Christian School Worker Appeals Firing For Anti-LGBT Posts

    A Christian teaching assistant who was sacked for sharing anti-LGBT posts online asked an appeals court on Wednesday to rule that she was discriminated against for her religious beliefs, because there was "no justification" for interfering with her free speech.,

  • October 02, 2024

    Uni Loses Appeal Over Physics Lecturer's Unfair Dismissal

    An appeals judge has refused to overturn a decision that a university unfairly axed a lecturer after a second student complained about her conduct, ruling that a lower tribunal was entitled to deem the dismissal unreasonable.

  • October 02, 2024

    AerCap Battles Insurers Over Stranded Jets As Trial Begins

    There is "no scope" for major insurers to refuse billion-dollar claims for planes seized by Russian airlines, lawyers for major lessor Aercap told the High Court on Wednesday on the first day of a trial that is likely to be a test case for other claims.

  • October 02, 2024

    Sheikh Can't Shake Enforcement Of Bros' $718M Inheritance

    The son of an Emirati royal accused of embezzling more than $1 billion from his dead father cannot stop his brothers from seeking to enforce a UAE judgment in England that orders him to pay them about 2.6 billion dirham ($718 million) as part of their "legitimate share" of the inheritance.

  • October 02, 2024

    Quinn Emanuel Says It Can't Give Source Of Deripaska Report

    Quinn Emanuel Urquhart & Sullivan LLP told a court Wednesday that the source of a report suggesting that Russian industrialist Oleg Deripaska misled arbitrators during a dispute with a former business partner was privileged information.

  • October 02, 2024

    Huawei Hits Back At MediaTek CopyCat Claims

    Huawei has urged a London court to nix chip developer MediaTek's wireless patents because they aren't necessary to implement 4G and 5G standards, in a move to block its Taiwanese rival's infringement claims.

  • October 02, 2024

    German Lock-Maker To Pay £61K For Ousting UK Boss

    An employment tribunal has ordered a German lock manufacturer to pay £61,600 ($82,000) for firing the manager of its U.K. operations after ruling that bosses had made up their minds without following the proper procedure.

  • October 01, 2024

    Ireland Eyes Infrastructure With €14B From ECJ Apple Case

    The Irish government is aiming to build infrastructure with the €14.1 billion ($15.6 billion) in corporate tax payments due from Apple Inc. following a European Court of Justice ruling that Ireland granted Apple illegal state aid, officials said Tuesday in announcing next year's budget.

  • October 01, 2024

    Navy To Face Diversity Adviser's Sexual Harassment Claim

    A Navy diversity adviser revived a range of sexual harassment and bias claims against the U.K. government, after an employment tribunal ruled that it had the right to re-hear complaints the army had rejected.

  • October 01, 2024

    Westfield Denies Infringing Clearpay IP In Partnership Dispute

    Shopping giant Westfield has returned fire in a battle with Clearpay Finance Ltd. over a collapsed partnership, with the shopping center company denying infringing the credit business's intellectual property by continuing to show Clearpay advertisements in its centers.

  • October 01, 2024

    YouTube Heads To Court To Defend Right To 'Shorts' Name

    A London court will convene Wednesday to consider whether YouTube's Shorts branding infringes a short film channel's intellectual property, in an argument over whether the word "shorts" has become customary in the media landscape.

Expert Analysis

  • 9 Takeaways From The UPC's First 6 Months In Session

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    Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.

  • How Boards Can Mitigate Privacy, Cybersecurity And AI Risks

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    In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • The Outlook For UK Restructuring Plans At Home And Abroad

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    The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.

  • Foreign Assets Ruling Suggests New Tax Avoidance Approach

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    The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.

  • Class Action-Style Claims Are On The Horizon In 2024

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    Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.

  • Cos. Must Monitor Sanctions Regime As Law Remains Unclear

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    While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.

  • The Top 7 Global ESG Litigation Trends In 2023

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    To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.

  • Proposed Amendment Would Transform UK Collective Actions

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    If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.

  • EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'

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    The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.

  • Employment Law Changes May Increase Litigation In 2024

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    As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.

  • How 'Copyleft' Licenses May Affect Generative AI Output

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    Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.

  • UK Compulsory Mediation Ruling Still Leaves Courts Leeway

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    An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.

  • Russia Ruling Shows UK's Robust Jurisdiction Approach

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    An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

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