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Commercial Litigation UK
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July 11, 2025
Court Says Olympic Runner Treated Unfairly In Testing Appeal
South African Olympic gold medal-winning runner Caster Semenya was deprived of her right to a fair hearing by a Swiss federal court when she appealed testosterone limits imposed on female athletes by track and field's international governing body, the European Court of Human Rights has ruled.
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July 11, 2025
Moderna Fights Pfizer's 'Impossible' MRNA Patent Attack
Moderna on Friday lambasted Pfizer and BioNTech's argument that a patent claim underpinning its mRNA technology was obvious, arguing that its rivals were asking an appeal court to undertake an essentially "impossible" task of upending the entirety of a lower court's reasoning on the matter.
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July 11, 2025
Celebs Cannot Use Pattern To Prove Mail Claims, Judge Says
A London judge ruled Friday that celebrities suing the publisher of the U.K.'s Daily Mail newspaper for allegedly gathering information about them through unlawful methods cannot prove their individual claims by showing the company's journalists used those methods habitually.
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July 11, 2025
Entrepreneur Sues Rights Advocate Over $1B Corruption Claim
The owner of a green economy investment company has alleged that a human rights advocate defamed the owner in an article that claimed he used his companies to embezzle more than $1 billion into offshore accounts and had bribed high-profile U.S. officials.
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July 11, 2025
Brand Owner Says Violated Licensee Agreement Is Now Void
The owner of the Rockfish Weatherwear shoe brand has claimed it is no longer obliged to license its trademarks to a Chinese brand management company because of an "irremediable breach" on the company's part after threatening to sue Rockfish's parent company without informing it.
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July 11, 2025
Deceased Financiers' Assets Tapped To Cover Thai Bank Debt
The liquidators of a collapsed Thai lender can be paid from the English assets of two deceased financiers convicted over an embezzlement scheme, after a judge held Friday the funds can go to partially cover a judgment debt totaling £60 million ($81 million).
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July 11, 2025
Wise Payments' TM Infringement Case Largely Backfires
Wise Payments has partly succeeded in its infringement claims against With Wise, but its rival has managed to narrow down the scope of goods it can market with "Wise" after a London judge found it never intended to sell them.
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July 11, 2025
Ex-CFO Can't Dodge Toymaker's £288K Costs
A judge ruled Friday that a toymaker's former chief financial officer must pay nearly £290,000 ($391,772) in costs or face the collapse of his claim against the company, after he failed to follow court orders and continued to bring "vexatious" claims.
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July 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.
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July 11, 2025
Student Letting Agency Claims Theft Of Copyrighted Photos
A student flat letting agency has accused a rival and its director of stealing and watermarking its own copyrighted images to advertise apartments in Leicester, which he later allegedly admitted to in a recorded call.
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July 11, 2025
Royal Mail To Pay £13K For Neglecting Worker's Career Plan
A Royal Mail staffer has won more than £13,000 ($18,000) in her Employment Tribunal case against the company after a judge concluded that a boss failed to help her professional development because she sued the business 10 years earlier.
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July 11, 2025
Ex-Insurance CEO's Wife Can't Ax £15M Asset Freeze
A London appeals court upheld a £15 million ($20.3 million) asset freeze on Friday against the wife of a former insurance company executive who is accused of cashing in on money her husband siphoned off from the business.
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July 11, 2025
Staley Tribunal Decision Could Fuel Challenges To FCA Fines
A landmark tribunal ruling that upheld the Financial Conduct Authority's ban of ex-Barclays CEO James "Jes" Staley from banking — but slashed his fine — could ultimately lead other executives with back-loaded pay packages to fight the watchdog's decisions, lawyers say.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Saxon Woods Ruling Tightens Rules On Director Good Faith
The recent Court of Appeal judgment in Saxon Woods v. Costa departs from the High Court's ruling, clarifying that a director's sincere belief they have acted in the company’s best interests is not sufficient to satisfy the statutory requirement to act in good faith, say lawyers at Covington.
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ICSID Annulment Proceedings Carry High Stakes For System
The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
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Key Takeaways As EU And UK Impose New Russia Sanctions
The European Union and U.K.’s new sanctions on Russia, designating increasing numbers of non-Russian companies in the defense and shipping sectors, mean that organizations must examine from the outset whether a transaction has any nexus with the EU or the U.K., say lawyers at Sullivan & Cromwell.
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Decoding Arbitral Disputes: Prestige's Jurisprudential Legacy
The U.K. Supreme Court's recent denial of appeal ended Spain's decades-long quest to enforce an €855 million arbitral judgment against a London insurer, throwing into stark relief the increasingly complex relationship between arbitral sovereignty, foreign state immunity and the shifting terrain of post-Brexit private international law, says Josep Galvez at 4-5 Gray's Inn.
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German Ruling Further Restrains Intra-EU Bilateral Arbitration
The German Federal Court of Justice recently issued a notable ruling that pushes the invalidation of intra-European Union bilateral investment treaty arbitration into the realm of stand-alone cost decisions, strengthening the EU's legal framework while increasing uncertainty for investors in the region, say attorneys at Linklaters.
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High Court Ruling Shows Firm Stance On Procedural Integrity
The recent High Court decision in Qatar Investment v. Phoenix Ancient Art demonstrates its zero tolerance of procedural failure, serving as a reminder that the financial burden associated with document disclosure will not excuse a party’s failure to comply with court orders, say lawyers at Quillon Law.
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A Shifting Landscape Of Greater Scrutiny After Data Breaches
Recent Information Commissioner's Office fines for personal data breaches and a Home Office consultation signal a shift in the U.K. regulatory landscape, and with an increase in mass actions and resulting exposure, organizations should prepare for potential third-party claims from those incurring consequential losses, say lawyers at Atheria.
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Decoding Arbitral Disputes: An Update On ICSID Annulment
The International Centre for Settlement of Investment Disputes' recent decision in Peteris Pildegovics and SIA North Star v. Kingdom of Norway offers a reasoned and principled contribution to annulment jurisprudence, effectively balancing the competing imperatives of fairness, finality and institutional coherence, says Josep Galvez at 4-5 Gray's Inn.
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UK Data Disputes Could Become Competition Class Actions
While mass data protection claims have chafed against the procedural restrictions that apply to class actions under U.K. law, it is possible these claims will be brought into the fold of the rapidly growing Competition Appeal Tribunal scene, says Aislinn Kelly-Lyth at Blackstone Chambers.
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Opinion
UK Court Of Appeal's FRAND Ruling Is Troubling
The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.
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What Santander Fraud Ruling Means For UK Banking Sector
A London court's recent judgment in Santander v. CCP Graduate School held that a bank does not owe any duty to third-party victims of authorized push payment fraud, reaffirming the steps banks are already taking to protect their own customers from sophisticated fraud mechanisms, say lawyers at Charles Russell.
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Arbitral Ruling In EU Fisheries Clash Clarifies Post-Brexit Pact
The Permanent Court of Arbitration's recent ruling marks a pivotal moment in the evolving jurisprudence surrounding the Trade and Cooperation Agreement, concluded between the U.K. and the EU after Brexit, and sets an important precedent for interpretation and enforcement of trade and environment clauses in cross-border disputes, says Josep Galvez at 4-5 Gray's Inn.
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Apple Ruling Provides Clarity For UK Litigation Funders
The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.
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Expect Complex Ruling From UK Justices In Car Dealer Case
While recent arguments before the U.K. Supreme Court in a consumer test case on motor finance commissions reveal the court’s take on several points argued, application of the upcoming decision will be both nuanced and fact-sensitive, so market participants wishing to prepare do not have a simple task, says Tom Grodecki at Cadwalader.
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Why Cos. Should Investigate Unethical Supply Chain Conduct
The U.K. government’s recent updated guidance for businesses on reporting slavery and human trafficking in supply chains underscores the urgent need for companies to adopt transparent and measurable due diligence practices, reinforcing the broader need for proactive internal investigations into unethical or criminal conduct, say lawyers at Seladore and Matrix Chambers.