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Commercial Litigation UK
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May 22, 2024
Aspiring Judge Can't Reopen Race Bias Case
An Asian-British solicitor has failed to persuade an employment tribunal to reconsider his race discrimination claims against a High Court judge who dismissed his application because he filed his request too late.
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May 21, 2024
Russian Litigants Abandon UK Courts As Sanctions Bite
The number of Russian litigants using London's commercial courts has collapsed in the past year amid tightening sanctions on individuals and businesses tied to the Kremlin over the war in Ukraine, a report published Wednesday said.
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May 21, 2024
Slovenian Fishermen's Maritime Border Cases Get Tossed
A European court has denied three Slovenian fishermen's cases against Croatia over their ability to fish in disputed Adriatic Sea waters, finding that it doesn't have the jurisdiction to rule on the validity of a 2017 arbitration award setting out the maritime boundary between the two countries.
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May 21, 2024
Gov't Must Pay £50K For Bias Against Deaf Job Seeker
The U.K. government must pay £49,880 ($63,390) to a deaf person for discriminating against him and failing numerous times to provide interpreters to aid his job search, an employment tribunal has ruled.
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May 21, 2024
Leigh Day Considering Legal Action Over UK Blood Scandal
Personal injury and human rights firm Leigh Day said Tuesday that it was considering legal action against the U.K. government on behalf of clients who were given infected blood transfusions over three decades, after a government minister gave a speech outlining how victims will be compensated.
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May 21, 2024
Claims Biz Sues Bankrupt Law Firm For PPI Referral Fees
A claims processor has asked a London court to recoup £663,000 ($843,144) from an insolvent law firm based on a previous ruling, arguing that its payment obligations existed years before it folded.
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May 21, 2024
Tesco Fights Looming Disclosure Deadline In Equal Pay Battle
Retail giant Tesco fought to push back a disclosure deadline in its equal pay battle with thousands of workers on Tuesday, telling an appeals tribunal that it hasn't had enough time to process millions of documents for the case.
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May 21, 2024
Post Office Official Told MP About IT Bugs Ahead Of Report
A former Post Office senior official conceded she was the "bearer of bad news" by ensuring an MP was told of bugs in the IT system used to wrongly prosecute innocent people, as she gave evidence to an inquiry Tuesday.
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May 21, 2024
Injured Ex-Cops Take Disability Case To Court Of Appeal
Two former police officers urged an appeals court Tuesday to revive their claim that pensions rules for those disabled in the line of duty are discriminatory, arguing that an employment tribunal was wrong to find it had no jurisdiction over the question.
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May 21, 2024
I Am An Honest Man, British Trader Tells £1.4B Fraud Trial
Sanjay Shah, a former hedge fund owner who is accused of defrauding Denmark's tax authority out of £1.4 billion ($1.8 billion), told a London court on Tuesday that he is an "honest man" who traded using a legal "loophole."
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May 21, 2024
Ex-Insurance Exec's Wife Denies Knowledge Of Illegal Money
The wife of a former executive at Gable Insurance has denied cashing in on unauthorized payments from her husband who, the Liechtenstein insurer alleges, siphoned off millions of pounds from the company to accounts he had links to.
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May 21, 2024
Prince Harry Fails To Drag Rupert Murdoch Into Privacy Claim
Prince Harry and others suing the U.K. arm of Rupert Murdoch's News Corp. failed on Tuesday to drag the media mogul into their claim as a London judge refused to expand their case to include allegations that he was part of an alleged cover-up.
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May 20, 2024
Arbitrator In $14.9B Malaysia Case Can't Nix Contempt Ruling
Embattled arbitrator Gonzalo Stampa has lost an appeal challenging his conviction in Spain for contempt of court after he ordered Malaysia to pay $14.9 billion to the heirs of the last sultan of Sulu in an unusual, high-stakes arbitration stemming from a 19th-century land deal.
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May 20, 2024
Autonomy CEO Reaped $516M From HP Acquisition, Jurors Told
Ex-Autonomy CEO Michael Lynch took home more than $516 million from the software company's $11.7 billion sale to HP, an FBI agent testified Monday as the government's last witness in a trial over allegations Lynch duped HP into overpaying to buy the company.
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May 20, 2024
EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row
Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.
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May 20, 2024
Pharma Cos. Drop Appeal At Top Dutch Court
The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.
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May 20, 2024
Barristers Blast Lack Of Data As Remote Hearings Decline
The Bar Council on Monday reported a "significant and steep decline" in the number of remote court hearings taking place since the peak of COVID-19 and condemned the "staggering" lack of data available to assess their effectiveness.
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May 20, 2024
Collapsed Firm Escapes Fine For Making Unapproved Claims
The solicitors' watchdog for England and Wales on Monday waived a £65,300 ($83,000) fine for a shuttered law firm that submitted claims without clients' approval, scrapping the penalty to safeguard the outfit's creditors.
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May 20, 2024
Civil Servants Lose Fight To Relaunch Age Bias Case
A group of 20 civil servants lost its bid Monday to revive claims that a redundancy compensation scheme was unjustifiably biased against older employees, with an appeals tribunal ruling that a lower court correctly found their case to be vexatious.
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May 20, 2024
Rugby Players Still Can't Join Forces For Concussion Claims
A London judge declined again on Monday to combine negligence claims brought by almost 300 former rugby players, as governing bodies for the sport argued they had only just become aware of more medical evidence about conditions allegedly caused by repeated concussions.
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May 20, 2024
Lessors File Russia-Stranded Planes Cases After Major Ruling
Two aircraft lessors have filed details of claims against insurers in London for a combined total of $62.1 million over planes stranded in Russia because of the invasion of Ukraine after a landmark ruling tossed attempts to move the cases and others to Russia.
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May 20, 2024
SRA Can't Block £75K Costs Order For Flawed Case
The Solicitors Regulation Authority has failed to stave off a £75,000 ($95,000) order as a London court ruled that a tribunal was right to award a solicitor costs for the watchdog's "fundamentally flawed" misconduct allegation against her.
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May 20, 2024
Property Manager Refused Sick Days Wins £31K
A letting agency must pay a former employee £31,000 ($39,361) for unlawfully firing her after an employment tribunal found the chief executive refused to allow sick days and remote working for her endometriosis.
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May 20, 2024
Tribunal OK To Halt Sea Captain's Case Ahead Of Court Ruling
A tribunal did not misstep by pausing a ship captain's claim against his ex-employer while awaiting a ruling from a court on his ability to bring the case in England, an appeals judge has ruled.
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May 20, 2024
Judge Approves Bankruptcy Order On Ex-Axiom Ince Chief
A judge approved on Monday a bankruptcy order against the former head of Axiom Ince Ltd. after the now-collapsed law firm failed to pay monthly installments for its acquisition of Ince.
Expert Analysis
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Economic Crime Act Offers Welcome Reform To AML Regime
The Economic Crime and Corporate Transparency Act exemption for mixed-property transactions that came into force on Jan. 15 as part of the U.K.'s anti-money laundering regime is long overdue, and should end economic harm to businesses, giving banks confidence to adopt a more pragmatic approach, say Matthew Getz and Joseph Fox-Davies at Pallas Partners.
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What Venice Swaps Ruling Says About Foreign Law Disputes
The English appeals court's decision in Banca Intesa v. Venice that the English law swaps are valid and enforceable will be welcomed by banks, and it provides valuable commentary on the English courts' approach toward the interpretation of foreign law, say Harriet Campbell and Richard Marshall at Penningtons Manches.
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Key Litigation Funding Rulings Will Drive Reform In 2024
Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.
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How Data Privacy Law Cases Are Evolving In UK, EU And US
To see where the law is heading in 2024, it is worth looking at privacy litigation and enforcement trends from last year, where we saw a focus on General Data Protection Regulation regulatory enforcement actions in the U.K. and EU, and class actions brought by private plaintiffs in the U.S., say lawyers at Morgan Lewis.
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Misleading Airline Ads Offer Lessons To Avoid Greenwashing
Following the Advertising Standards Authority's recent decision that three airlines' adverts misled customers about their environmental impact, companies should ensure that their green claims comply with legal standards to avoid risking reputational damage, which could have financial repercussions, say Elaina Bailes and Olivia Shaw at Stewarts.
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Supreme Court Ruling Is A Gift To Insolvency Practitioners
As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.
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Major EU AI Banking Ruling Will Reverberate Across Sectors
Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.
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English Could Be The Future Language Of The UPC
While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.
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Arbitration Remains Attractive For Digital Disputes In 2024
Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.
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Key Employer Lessons From 2023 Neurodiversity Case Uptick
The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.
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A Look At 2023's Landmark Insolvency Developments
The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.
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Hague Judgments Treaty May Boost UK-EU Cooperation
The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.
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5 Key UK Employment Law Developments From 2023
Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.
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Emerging Trends From A Busy Climate Litigation Year
Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.
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Key 2024 Arbitration Trends In A Changing World
As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.