Commercial Litigation UK

  • June 13, 2024

    UK Digital Markets Law Will Spur Group Consumer Litigation

    Hastily passed legislation that equipped the competition regulator with the clout to punish companies for breaches of consumer protection will probably spur litigation, lawyers say, although claims will be limited for now after the proposal to extend the class action scheme was abandoned.

  • June 13, 2024

    Lawyer Struck Off For Fake Immigration Application Claims

    A solicitor who was imprisoned for helping clients make bogus immigration applications to remain in the U.K. was struck off by a tribunal Thursday.

  • June 12, 2024

    Uniper Claims €13B Win In Gazprom Gas Supply Fight

    German energy company Uniper said Wednesday that it has been awarded more than €13 billion ($14 billion) by a Swedish arbitration tribunal after the Russian government-controlled natural gas giant Gazprom cut off gas deliveries in mid-2022.

  • June 12, 2024

    Russia Says $208M Ukrainian Utility Award Can't Be Enforced

    Russia has asked a D.C. federal court not to enforce a nearly $208 million arbitral award issued to a Ukrainian electric utility after the Kremlin seized its Crimean assets, saying the arbitration in the underlying dispute was invalid.

  • June 12, 2024

    Ex-Serco Chair Says Contract Fraud 'Came Out Of The Blue'

    Serco's former chair said at a London trial Wednesday that the scandal of its overbilling for government contracts left a "cloud" hanging over the outsourcing multinational, as the company clashes with investors seeking to recover their losses from the resulting plunge of its stock price.

  • June 12, 2024

    SRA Files Legal Claim Against Post Office

    The Solicitors Regulation Authority has filed a legal claim against the Post Office as part of its ongoing investigation into the Horizon IT wrongful prosecution scandal.

  • June 12, 2024

    Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge

    Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.

  • June 12, 2024

    Trustpilot Dodges Law Firm's Bad Review Libel Claim

    Trustpilot on Wednesday won its attempt to block a debt recovery law firm's libel claim, convincing a London court that there was no prospect of proving that bad reviews on its website cost the firm a contract with Three Mobile.

  • June 12, 2024

    Reinsurers Escape $41M Claim Over Taliban Warehouse Loss

    A logistics company that lost its warehouse to the Taliban cannot claim $41 million from reinsurers because under the "clear wording" of its policy it was not covered for loss caused by seizure, a London court ruled Wednesday.

  • June 19, 2024

    Top Indian Advocate Becomes 3VB Full-Time Tenant

    An eminent advocate who once held the second-highest legal post in India became a full tenant at 3 Verulam Buildings, after he had spent more than a decade as an associate member.

  • June 12, 2024

    BHS Ruling A 'Coup For Liquidators' Over Director Duties

    A landmark ruling that found two directors liable for the collapse of a U.K. retailer and ordered them to repay a chunk of the losses highlights the limited reliance that directors can place on professional advice and a lack of experience to avoid responsibility.

  • June 12, 2024

    Investors To Sue Betting Giant For £100M Over Bribery Probe

    Entain PLC, the owner of gambling businesses Ladbrokes and Coral, is set to face a £100 million ($128 million) legal battle from institutional investors who say Entain did not warn them about a prosecution over its alleged failure to prevent bribery in Turkey.

  • June 12, 2024

    Anheuser's TM 'Ultra' No More As EU Court Sides With Amstel

    Amstel on Wednesday was successful in persuading a European Union court to overturn a ruling that Anheuser-Busch's "Ultra" beer trademark is distinctive, proving that it's a generic term that does not merit protection.

  • June 12, 2024

    Sony Music Unit Sued By Label Over Viral TikTok Hit

    Sony Music unit Ministry of Sound Records has been hit with a copyright claim by a U.K. record label for releasing a version of artist Jay Sean's 2008 hit "Ride It" after a DJ's remake went viral on TikTok.

  • June 12, 2024

    Tour De France Loses Fight Against Gym's 'Tour De X' TM

    The organizer of the Tour de France cycle race lost its challenge against a German gym chain's "Tour de X" trademark Wednesday, after a European court ruled that many cycling competitions use the words "tour de."

  • June 12, 2024

    Gymbox Owner Takes Hit In Wage Spar With Ex-Trainer

    London's Gymbox chain must face claims that it owes a personal trainer unpaid wages after an employment tribunal found that the instructor wasn't self-employed during specific tasks, despite contracts indicating that he was.

  • June 12, 2024

    Automakers Safe From French Law In 'Dieselgate' Disclosure

    Vehicle manufacturers including Renault and Peugeot Citroen that face thousands of "dieselgate" claims for allegedly cheating car emission tests are not at any risk of criminal prosecution in France while disclosing evidence before trial in England, a London court has ruled.

  • June 12, 2024

    Argentina Loses Appeal Over €1.3B Payment In Bonds Dispute

    Argentina cannot avoid paying out €1.3 billion ($1.4 billion) to bondholders for wrongly adjusting the way it calculates yields for government securities as a London appeals court rejected on Wednesday its construction of a contractual dispute.

  • June 12, 2024

    Google's GPay TM Gets Declined In Europe

    Google lost its appeal on Wednesday after seeking to revive its "GPay" trademark for electronic payment services as a European court ruled that a Bulgarian rival had already cornered the digital market with "ePay."

  • June 12, 2024

    Female Marketer Unfairly Barred From Meeting Over Gender

    A wastewater company harassed its marketing director based on her sex by banning her from a meeting with a Japanese prospective buyer because of the East Asian country's perceived culture of eschewing women in such scenarios, a tribunal has ruled.

  • June 12, 2024

    Recruitment Agency Boss Wins Libel Appeal At Top UK Court

    A recruitment boss and her agency won an appeal against a former employee's libel claims on Wednesday as the highest U.K. court ruled that claimants cannot recover damages for injury to feelings if they do not also suffer financial loss.

  • June 11, 2024

    PC Gaming Giant Valve Faces £656M Action For Overcharging

    Valve Corp., owner of the world's largest video game distribution platform, Steam, has been hit with a proposed £656 million ($836 million) class action for allegedly overcharging 14 million PC gamers in the U.K., the digital rights campaigner filing the claim announced Wednesday.

  • 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. 

  • 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.

  • 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.

Expert Analysis

  • Risks The Judiciary Needs To Be Aware Of When Using AI

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    Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.

  • Post Office Scandal Stresses Key Directors Duties Lessons

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    The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.

  • Employer Tips For Handling Data Subject Access Requests

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    As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.

  • Top Court Hire Car Ruling Affects 3rd-Party Negligence Cases

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    The U.K. Supreme Court's recent decision in Armstead v. Royal & Sun Alliance, finding that an insurer was responsible for lost car rental income after an accident, has significant implications for arguing economic loss and determining burden of proof in third-party negligence cases that trigger contractual liabilities, say lawyers at Macfarlanes.

  • Bribery Class Action Ruling May Revive Bifurcated Processes

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    The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.

  • Ocado Appeal Outcome Will Gauge UPC Transparency

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    As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.

  • The Good, The Bad And The New Of The UK Sanctions Regime

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    Almost six years after the Sanctions and Money Laundering Act was introduced, the U.K. government has published a strategy paper that outlines its focus points and unveils potential changes to the regime, such as a new humanitarian exception for financial sanctions, highlighting the rapid transformation of the U.K. sanctions landscape, says Josef Rybacki at WilmerHale.

  • Unpacking The Building Safety Act's Industry Overhaul

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    Recent updates to the Building Safety Act introduce a new principal designer role and longer limitation periods for defects claims, ushering in new compliance challenges for construction industry stakeholders to navigate, as well as a need to affirm that their insurance arrangements provide adequate protection, say Zoe Eastell and Zack Gould-Wilson at RPC.

  • Prompt Engineering Skills Are Changing The Legal Profession

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    With a focus on higher-value work as repetitive tasks are delegated to artificial intelligence, legal roles are set to become more inspiring, and lawyers need not fear the rising demand for prompt engineers that is altering the technology-enabled legal environment, say Eric Crawley, Shah Karim and Paul O’Hagan at Epiq Legal.

  • Opinion

    UK Whistleblowers Flock To The US For Good Reason

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    The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.

  • 4 Legal Privilege Lessons From Dechert Disclosure Ruling

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    The Court of Appeal's recent decision in Al Sadeq v. Dechert LLP, finding that evidence may have been incorrectly withheld, provides welcome clarification of the scope of legal professional privilege, including the application of the iniquity exception, says Tim Knight at Travers Smith.

  • BT Case May Shape UK Class Action Landscape

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    The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.

  • Key Points From EC Economic Security Screening Initiatives

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    Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • Why EU Ruling On Beneficial Ownership May Affect The UK

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    Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.

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