Commercial Litigation UK

  • July 11, 2025

    Phones4u Can't Revive Collusion Case Against UK Networks

    The Court of Appeal dismissed Phones 4u's claims Friday that the U.K.'s biggest phone operators colluded to drive the retailer out of business, upholding findings that there was no evidence of anticompetitive behavior between the networks.

  • July 10, 2025

    Pfizer Takes Aim At Moderna's Leftover MRNA Protections

    Pfizer asked an appeals court Thursday to revoke surplus patent protections underpinning rival Moderna's mRNA vaccine after getting a key patent tossed.

  • July 10, 2025

    Buyer Contests Ruling On $1.85M Award In Botched Ship Sale

    A shipping company told the Court of Appeal on Thursday that it should be entitled to a $1.85 million award arising from the botched purchase of a vessel, arguing it is owed damages for prospective losses.

  • July 10, 2025

    Ex-Union Official Argues Bias Risk Misjudged In Appeal

    A former trade union official argued Thursday that a decision ruling his expulsion was fair incorrectly considered whether there was a risk that the chair of a disciplinary panel was biased against him, rather than whether there was a risk of "the possibility of bias."

  • July 10, 2025

    Rusal Can Serve Claim On Abramovich Via Oligarch's Lawyers

    A London judge on Thursday approved Russian aluminum giant Rusal to serve a claim on Russian oligarch Roman Abramovich via his lawyers over alleged breaches of an agreement setting out the governance of a Russian mining company.

  • July 10, 2025

    Housing Co. Blames £29M Loss On Flawed Project Pricing

    A housing association has alleged that a construction consultancy owes it £28.8 million ($39 million) after providing significantly underpriced estimates for the building costs of a London property development that shouldn't have gone ahead.

  • July 10, 2025

    Firm Denies Giving Ex-Pandora Chief Negligent Tax Advice

    A law firm has denied giving former Pandora boss Peter Andersen negligent tax advice that saddled him and the jeweler with a £3.3 million ($4.5 million) tax bill because of Andersen's pension trust.

  • July 10, 2025

    BMW Unfairly Fired Worker Accused Of Faking Back Pain

    BMW's decision to sack a factory worker accused of faking his back condition to claim sick pay was unfair and discriminatory, an employment tribunal has ruled.

  • July 09, 2025

    Human Rights Court Denounces Russia's Actions In Ukraine

    The European Court of Human Rights unanimously held on Wednesday that Russia is accountable for "widespread and flagrant" abuses of human rights arising from the conflict in Ukraine since 2014, including the downing of flight MH17 over eastern Ukraine that July.

  • July 09, 2025

    Toy Maker Fails To Revive Rubik's Cube TM At EU Court

    A European Union court on Wednesday rejected a toy company's attempt to rekindle its 3D Rubik's Cube trademark on the grounds that its shape is entirely functional.

  • July 09, 2025

    Sony Can Alter Defense In Hendrix Band Copyright Case

    The U.K. arm of Sony won permission to alter its defense against a claim brought by the estates of Jimi Hendrix's former bandmates in a copyright feud over the group's back catalog, after a London judge dismissed the estates' objections on Wednesday.

  • July 09, 2025

    Recruiter To Pay £188K To Director Fired Over Brain Injury

    An employment tribunal has ordered a recruitment company to pay £187,585 ($254,800) to a former staffer it fired because it found his health issues too difficult to manage, after he suffered a life-altering brain injury caused by a heart attack. 

  • July 09, 2025

    Sweden Wins €60M Pension Fraud Case Against Financier

    A London court has ruled that a financier defrauded the Swedish government by setting up an illegitimate investment fund that took €60.7 million ($71.1 million) from savers' pension accounts.

  • July 09, 2025

    Car Brake Maker Accuses Rival Of Copying Design

    A manufacturer of suspension and brake systems for cars has sued a rival in a London court for patent infringement, saying its brake calipers were disassembled and re-engineered with new components.

  • July 09, 2025

    Insurers Argue $37M Liability Void Over Director's Charges

    Six insurers told an appeals court Wednesday they should not have to pay $37 million to the owners of a cargo ship seized by the Indonesian navy because the policy was rendered void by the owner's failure to disclose that its director faced criminal charges.

  • July 09, 2025

    British Airways Pensions Biz Unfairly Sacked Investment Exec

    An employment tribunal has ruled that British Airways' pensions unit botched an investigation into a senior investment specialist over a confidential email he sent to himself during a workplace restructuring dispute, even though the employee was partly responsible for his ultimate dismissal.

  • July 09, 2025

    Ship Buyers Fight $5M Deposit Debt Ruling At UK Top Court

    Buyers in a collapsed tanker deal fought on Wednesday to escape an almost $5 million debt for failing to facilitate a deposit payment, telling Britain's top court that the correct remedy is damages, and they should pay nothing because there was no loss.

  • July 09, 2025

    Target Misses Bull's-Eye TM Bid At EU Court

    U.S. retail giant Target lost a trademark over its red bull's-eye logo on Wednesday after a European Union court ruled that the mark was too banal to be protected as it displayed only simple geometric shapes.

  • July 09, 2025

    Taxi Drivers Win Challenge Over 'Oppressive' Data Request

    The Employment Appeal Tribunal has sided with a group of more than 500 gig economy drivers and reduced the amount of data they must hand over in their pay dispute with taxi company Veezu.

  • July 08, 2025

    Ex-BofA Exec Sues For Bias Over Workplace Affair Fallout

    A former Merrill Lynch director has failed to keep his name out of tribunal proceedings against the bank in his claim alleging he was unfairly dismissed and discriminated against following a workplace relationship that ended in acrimony.

  • July 08, 2025

    Appeal Win Gives Certainty To UK Class Action Funding

    The Court of Appeal's decision to endorse the validity of litigation-financing agreements devised to sidestep a U.K. Supreme Court ruling that upended class action funding provides certainty over what is allowed, but lawyers remain wary that further legislative changes are likely.

  • July 08, 2025

    Oil Co. Says Nigeria Shouldn't Profit From £44M Legal Bill

    An oil and gas company at the center of a fraud scandal arising from an $11 billion arbitration award issued against Nigeria urged the U.K.'s highest court Tuesday to change the currency for Nigeria's legal costs, arguing that the country would unjustly benefit from the depreciation of its own currency.

  • July 08, 2025

    Drugmaker Wants £46M For MSD's Use Of 'Merck' In UK

    German drugmaker Merck KGaA asked a London court Tuesday to force U.S.-based Merck Sharp & Dohme LLC to pay £46 million ($62 million) for breaching an order by using the "Merck" name in the U.K.

  • July 08, 2025

    Wimbledon's £200M Expansion Plan Faces Legal Challenge

    Campaigners challenging a £200 million ($271 million) plan to expand the Wimbledon tennis ground told a court Tuesday that the London local authority unlawfully approved the 38-court expansion project.

  • July 08, 2025

    Ryanair Loses Appeal Over Ex-Pilot's Agency Worker Status

    A London appeals court rejected Ryanair's latest attempt on Tuesday to block a claim from a former contracted pilot for equal treatment with directly employed pilots, upholding a ruling that he held agency worker status at the airline.

Expert Analysis

  • ECHR Climate Rulings Hint At Direction Of Future Cases

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    Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • What UK Energy Charter Treaty Exit Would Mean For Investors

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    While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.

  • What To Know About The Russia-Stranded Plane Ruling

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    The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.

  • Uber Payout Offers Employer Lessons On Mitigating Bias

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    Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

  • Clarifying Legal Elements To Support A Genocide Claim At ICJ

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    Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.

  • Opinion

    Employment Tribunal Fees Risk Reducing Access To Justice

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    Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.

  • Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection

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    Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • UK Arbitration Ruling Offers Tips On Quelling Bias Concerns

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    An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • UK Courts Continue To Struggle With Crypto-Asset Cases

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    Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.

  • Why Computer Evidence Is Not Always Reliable In Court

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    Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.

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