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Commercial Litigation UK
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June 11, 2024
UniCredit Overturns $69M Plane Payment Sanctions Ruling
UniCredit was entitled to withhold $69.3 million in payments to lessors for Russian planes because of sanctions, a London appellate court ruled Tuesday, partly overturning findings that it was not reasonable for the bank's U.K. branch to believe it could not make the payments.
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June 11, 2024
KC Advised Post Office To Remove Judge From Horizon Trial
A top barrister advised the Post Office to get a High Court judge to recuse himself from a trial dealing with wrongly prosecuted subpostmasters or else risk losing all litigation brought by the subpostmasters, the barrister recalled in an inquiry hearing Tuesday regarding the scandal.
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June 11, 2024
Lenovo Knocks Bid To 'Treble' Payment For SEPs
Lenovo hit back at InterDigital's contentions that a landmark patent ruling underestimated what the Chinese company should pay to license its essential wireless technology patents, claiming that the bid to "essentially triple" the sum should be thrown out.
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June 11, 2024
Alaska Airlines Loses Fight To Dodge $160M Virgin Royalties
Alaska Airlines lost its fight against Virgin on Tuesday to avoid paying $160 million in royalties, with a London appeals court ruling that the carrier still had to pay even if it did not use Virgin's branding.
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June 11, 2024
Tories Pledge To Tackle Court Backlog, Carry On Rwanda Plan
The Conservative Party announced a slew of justice plans on Tuesday to cut the criminal court backlog, support third-party litigation funding and abandon international human rights commitments, if necessary, to pursue its Rwanda migrants policy.
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June 11, 2024
Surgeon Fights To Overturn Loss In Race Discrimination Case
A surgeon urged the Court of Appeal on Tuesday to revive his race discrimination claim against the medical profession's regulator, arguing that an appellate tribunal was wrong to find that an investigation into him was not racially motivated.
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June 11, 2024
Deutsche Bank Trader Fights For Compensation 'Assurances'
Deutsche Bank executives gave "assurances" about compensation that the lender must now abide by, a former trader told the High Court in London on Tuesday as she sued for breach of contract.
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June 11, 2024
Serco Denies Directors Knew Of Fraud In Securities Trial
Serco Group PLC denied investors are entitled to compensation over a fraud that caused the outsourcing giant's share price to nosedive, arguing on the second day of a London trial Tuesday that none of its directors had known about the alleged wrongdoing.
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June 11, 2024
Tesco Loses Race Bias Claim Over Vibrator Joke Gift
Tesco discriminated against a British Pakistani manager by rushing through a misconduct investigation after the manager gave a vibrator as a secret Santa gift and other allegedly harassing incidents, an employment tribunal has ruled.
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June 11, 2024
Widow Who Signed Docs 'Without Reading' Still Owes $64M
A London appellate court has ruled that a former Hong Kong resident can't escape a personal guarantee to pay 500 million Hong Kong dollars ($64 million) to cover bonds issued by her husband's company, in part because she entered the contract for business purposes.
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June 11, 2024
Royal Mail Accused Of Monopoly In Address Database Dispute
A software developer has hit back at Royal Mail's copyright infringement claim, accusing the postal service of holding a monopoly over the market for address searching software in the U.K.
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June 11, 2024
NHS Board Discriminated Against 'Antivaxxer' Sonographer
A National Health Service board harassed a sonographer and discriminated against her after her inability to wear a face mask during the COVID pandemic led bosses to label her an "antivaxxer," a tribunal has ruled.
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June 11, 2024
LC&F Administrators Attack Ex-Boss' Credibility In Ponzi Case
The administrators of London Capital & Finance PLC have criticized the company's former head as a "thoroughly unreliable witness" as they closed their case that he and others operated the business as a £237 million ($302 million) Ponzi scheme.
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June 11, 2024
BHS Directors To Pay Liquidators £18M For Wrongful Trading
A London judge ordered two former directors of failed retail chain BHS on Tuesday to pay liquidators at least £18 million ($23 million) after finding that they knew that the company was beyond rescue when it was purchased in 2015.
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June 11, 2024
IBM Worker Off Sick For 10 Years Loses Pay-Rise Appeal
A disabled IBM worker has lost his appeal in a claim that he was entitled to a pay rise because he remained employed by the global technology company during his decade-long medical retirement, an appellate tribunal has ruled.
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June 10, 2024
University, Astellas Fight To Keep Prostate Cancer Patent
The University of California's governing board clashed with three generic-drug makers trying to revoke the institution's patent for a prostate cancer drug in a London court Monday, arguing that the institution's patent should be ruled to be innovative and not obvious.
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June 10, 2024
InterDigital Says Court Lowballed Lenovo FRAND Rate
Counsel for InterDigital told a London appeals court Monday that a trial judge failed to adjust for "heavy discounts" on past sales when determining a fair, reasonable and non-discriminatory licensing rate for Lenovo to pay for a suite of its essential wireless technology patents.
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June 10, 2024
Outsourcer Gets Partial Win In Worker COVID Leave Appeal
A civil enforcement outsourcer got a second shot at defeating claims that it discriminated against a Polish worker by sanctioning him for overstaying his leave during the pandemic, an Employment Appeal Tribunal has ruled.
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June 10, 2024
BDO Denies Failing To Help In £18.5M Insurance Broker Sale
Accounting firm BDO LLP has rejected an insurance broker's claims that it is not entitled to payment for merger and acquisition advice because it failed to propose or introduce the buyer that eventually purchased the broker for £18.5 million ($23.6 million).
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June 10, 2024
Union Federation Botched Worker Investigation, Tribunal Says
A tribunal has upheld the unfair dismissal claims of two trade unionists who were accused of misconduct, ruling there was not enough evidence against the pair in light of their employer's poor investigation against them.
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June 10, 2024
Serco Accused Of Playing Around With Books As Trial Opens
Institutional investors told a London court Monday that Serco had "played around" with its financial reporting to keeping the government from clocking fraud in its contract for electronic tagging services as a landmark securities trial kicked off.
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June 10, 2024
Disney Dodges Child Actor's Late Discrimination Claim
Disney avoided facing a child actor's discrimination case after a tribunal ruled that there was no good explanation for her mother waiting 10 months after the deadline to submit the claim on her behalf.
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June 10, 2024
PwC Accused Of Negligent Advice As $800M BAT Trial Opens
Bad advice given by PricewaterhouseCoopers LLP to a company embroiled in an expensive environmental cleanup caused it to lose "hundreds of millions of euros," a subsidiary of British American Tobacco said at the opening of an $800million negligence trial on Monday.
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June 10, 2024
Amazon Sold Facial Tech To Russia, Ex-Employee Alleges
A former Amazon worker has alleged that the technology giant sold facial recognition software to a Russian company in violation of U.K. sanctions.
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June 10, 2024
Abraaj Group Hits Back In Fight Over $37M Debt
Abraaj Group has hit back at a claim by a UAE bank that it owns $37 million of debt that the now-defunct private equity giant is trying to recover from a troubled investment project in a Pakistani electricity supplier.
Expert Analysis
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ECHR Climate Rulings Hint At Direction Of Future Cases
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.
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What UK Energy Charter Treaty Exit Would Mean For Investors
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.
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What To Know About The Russia-Stranded Plane Ruling
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.
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Uber Payout Offers Employer Lessons On Mitigating Bias
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.
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Apple Ruling Offers Morsel Of Certainty On Litigation Funding
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.
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
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.
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Opinion
Employment Tribunal Fees Risk Reducing Access To Justice
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.
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Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection
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.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
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.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
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.
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UK Amazon Ruling Spotlights TM Rights In International Sales
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.
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UK Courts Continue To Struggle With Crypto-Asset Cases
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.
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Why Computer Evidence Is Not Always Reliable In Court
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.
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Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases
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.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
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.