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Commercial Litigation UK
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May 21, 2025
'Amicus' Name Not Distinctive, Rival Law Firm Argues
A high street solicitors' firm in London formerly known as Amicus Solicitors London has hit back at a Manchester-based firm's claims of passing-off, saying that the name was not distinctive and that the two companies served different markets.
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May 21, 2025
Class Rep Can't Appeal Chucked £800M Water Pollution Claim
The U.K. competition tribunal has said an environmental consultant cannot challenge its decision to toss her £800 million ($1.1 billion) proposed class action against several water companies over their alleged failure to report pollution, finding that there is no real prospect of a successful appeal.
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May 21, 2025
EY Blames 'Army Of Fraudsters' For NMC Health Collapse
EY was "duped by an army of fraudsters" who controlled NMC Health "from top to bottom" and prevented the Big Four firm from discovering failings at the healthcare chain, lawyers argued in their defense against a £2 billion ($2.7 billion) High Court claim Wednesday.
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May 21, 2025
Engineer Can't Persuade Top Court To Block Repairs Case
Britain's highest court rejected on Wednesday an attempt by an engineering company to escape a claim from a housing developer fighting to claw back the cost of fixing tower block design defects discovered in the wake of the Grenfell blaze.
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May 21, 2025
Game Developer Can't Block Move To Rival, Ex-CEO Says
The former chief executive of a games developer has hit back at his old company's attempt to block his move to a rival, asking a court not to enforce contractual red tape that could hold up the appointment until 2026.
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May 21, 2025
Insurer Hit With £250K Claim Over 'Altered' Life Policy
Two clients of Countrywide Assured have sued the insurer for £250,000 ($335,200) after the company allegedly changed their joint life policy "without their knowledge," which left one of them short after he suffered a "serious heart attack" and could not claim cover.
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May 20, 2025
JPMorgan Fell Short In Trader Spoofing Investigation
A former metals trader at JPMorgan Chase & Co. has won his claim that he was unfairly fired on suspicion of fraud because of shortcomings in the bank's disciplinary process — but his compensation will be slim after an employment tribunal ruled it was very likely he would have been dismissed regardless.
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May 20, 2025
Finnish Co. Fights For Access To Tax-Ruling State Aid File
A Finnish packaging maker appealed to the European Union's top court to gain access to documents from a state aid investigation into the company's Luxembourg tax arrangements, according to a lower court report released Tuesday.
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May 20, 2025
Russian Litigants Flock To UK Courts After Record Slump
The number of Russian litigants using London's commercial courts has more than doubled in the past year and could be a signal that sanctions have had little long-term impact on judgments, an advisory firm reported Tuesday.
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May 20, 2025
Liquidators Of 'Ponzi-Type Scheme' Co. Sue Insurer For £3M
The liquidators of a business behind a "Ponzi-type scheme" are suing the insurer of a now-defunct company involved in the scheme's funding for more than £3 million ($4 million), pointing to its alleged failure to ensure the investment plan was legitimate.
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May 20, 2025
Tenn Capital, Elite Law Settle £1.9M Loan Fraud Dispute
Tenn Capital Ltd. has settled its claim that Elite Law Solicitors Ltd. failed to secure necessary protections over a £1.9 million ($2.54 million) property loan and failing to identify the borrower as an alleged fraudster.
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May 20, 2025
Businesses Argue For £80M In COVID Payouts From Insurers
Hospitality businesses forced to close during the COVID-19 crisis said their insurers owe them £80 million ($107 million), arguing at the first day of trial on Tuesday that they should be compensated for every time they were materially affected by pandemic measures.
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May 20, 2025
£120M Vodafone Battle Heads To Court After Failed Mediation
A £120 million ($160 million) case against Vodafone will go to court after mediation failed with over 60 franchisees who alleged that the mobile giant imposed arbitrary decisions to cut commission and issue excessive fines.
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May 20, 2025
Alexion Can't Halt Amgen, Samsung Soliris Biosimilars In UK
A London court has cleared Samsung and Amgen's path to launching biosimilar versions of the blood disease drug Soliris, ruling on Tuesday that they will not infringe an AstraZeneca subsidiary's patent.
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May 20, 2025
Turkish Coffee Biz Sues UK Chain For TM Infringement
A Turkish coffee maker has accused a London dessert chain of using the trademarked name of its founder to mislead consumers into buying baklavas and other sweet treats from the Middle Eastern country.
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May 20, 2025
Benson Mazure Fights To Nix £4.6M Negligence Case
Benson Mazure LLP urged a London court on Tuesday to toss a £4.6 million ($6.1 million) negligence claim form an energy business, alleging that the law firm's solicitors fraudulently signed a mortgage deed that led to its collapse.
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May 20, 2025
Innsworth Bags £68M As Mastercard Settlement Approved
The Competition Appeal Tribunal gave final approval on Tuesday to a £200 million settlement between Mastercard and Walter Merricks to end litigation over credit card fees, with the funder of the claim set to receive approximately £68 million.
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May 20, 2025
Russell Brand Denies Missed Deadlines Breached Book Deal
Former actor and comedian Russell Brand has denied owing Macmillan Publishers International Ltd. £220,000 ($294,000) for failing to write two non-fiction books for the company to sell — even after failing to produce the books more than four years past the deadline.
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May 20, 2025
Slater And Gordon Beats Claim By 224 Clients Over Retainers
A London court has thrown out a claim against Slater and Gordon brought by 224 clients over the retainers on their personal injury cases, ruling that the terms of the agreements are clear and enforceable.
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May 19, 2025
Panthera Wants $1.5B From India In Mining Project Fight
British gold miner Panthera Resources PLC said Monday that its Australian subsidiary is now seeking more than $1.5 billion in damages from India in an investment treaty claim over a rejected mining project.
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May 19, 2025
Osborne Clarke Pro's Conduct Risked Public Trust, SDT Says
A disciplinary tribunal has ruled that an Osborne Clarke LLP partner committed the kind of misconduct that "would clearly undermine public trust" in lawyers by misusing legal language to try to shield an email sent on behalf of former Chancellor of the Exchequer Nadhim Zahawi from being published, explaining its decision to fine the solicitor over the incident.
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May 19, 2025
The Times Sued For Naming Phone Co. Owner In Fraud Probe
The founder of an exclusive mobile phone provider has sued Times Media Ltd. for allegedly violating his privacy by publishing articles — sourced from covert recordings — identifying him as the subject of a now-closed criminal investigation into corruption in sport.
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May 19, 2025
Shein Must Provide Photo Theft Case Documents In The UK
A London judge has ordered Shein to disclose documents in the English courts to prove it owns the copyright to a sample of photographs it has accused Temu of stealing, as part of an ongoing battle between the two ultra-fast-fashion rivals.
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May 19, 2025
Motorola Unit Says Home Office Breached Contract Over Fees
A Motorola Solutions subsidiary that has alleged the Home Office owes it £13.5 million ($18 million) urged a judge at the start of a trial on Monday to rule that the government department's defense was not based on the actual contract between them.
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May 19, 2025
Construction Co. Owes £27K To Worker Dismissed In Transfer
An employment tribunal has ordered Altrad Babcock Ltd. to pay £27,446 ($36,772) to an employee over a botched redeployment effort following an instance of "potential sexual harassment."
Expert Analysis
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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.
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2024 Will Be A Busy Year For Generative AI And IP Issues
In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
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Regulating Digital Platforms: What's Changing In EU And UK
Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.
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Dyson Decision Highlights Post-Brexit Forum Challenges
The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.
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9 Takeaways From The UPC's First 6 Months In Session
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.
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How Boards Can Mitigate Privacy, Cybersecurity And AI Risks
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.
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The Year In FRAND: What To Know Heading Into 2024
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.
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The Outlook For UK Restructuring Plans At Home And Abroad
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.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
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.
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Class Action-Style Claims Are On The Horizon In 2024
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.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
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.
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The Top 7 Global ESG Litigation Trends In 2023
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.
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Proposed Amendment Would Transform UK Collective Actions
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.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
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.
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Employment Law Changes May Increase Litigation In 2024
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.