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Commercial Litigation UK
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April 18, 2024
Insurers Face Appeal Over Refusal To Cover Bribery Loss
A holding company took its fight for an insurance payout to the Court of Appeal on Thursday, urging justices to force its insurers to cover its claim for losses it sustained when its acquisition of a construction contractor went south due to bribery and corruption allegations.
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April 18, 2024
Womble Bond Told Post Office To Withhold Docs From Court
Womble Bond Dickinson advised the Post Office to "suppress" key documents from the court "for as long as possible" in a case brought by wrongly prosecuted sub-postmasters, according to correspondence disclosed at the inquiry into the scandal Thursday.
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April 18, 2024
Negligence Claims Against Law Firm May Go To Trial
A London court has ordered 35 investors to clarify their claims against a law firm that they say failed to properly advise them on the risks of sinking an estimated £2.7 million ($3.4 million) into a "worthless" property development.
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April 18, 2024
Monex Unit And Drug Co. Settle £19M Contract Dispute
An Indian drugmaker has settled its £19.4 million ($24.1 million) claim against a unit of foreign exchange giant Monex, alleging it unfairly canceled currency exchange contracts with "no basis."
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April 18, 2024
Head Of Chambers Accused Of Bullying By Expelled Barrister
A barrister told an employment tribunal on Thursday that the head of an English criminal chambers put him through "absolute hell" by bullying him and trying to end his career before expelling him from the chambers.
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April 18, 2024
Slater And Gordon Wins Bid To Rebut Ex-Analyst's Appeal
Slater and Gordon won permission on Thursday to challenge a former costs analyst's appeal that he was harassed for having mental illnesses after arguing that a lower tribunal's ruling suggests the accused individuals didn't know enough about his condition to have done so.
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April 17, 2024
Ex-JPMorgan Analyst Liked 'Winding Up' Autonomy CEO, Jury Told
A former JPMorgan stock analyst testifying Wednesday in the criminal fraud trial of former Autonomy CEO Michael Lynch said that he "took pleasure in winding up Lynch" and once even used a Hitler analogy to describe his performance, but said his critical coverage was never personal.
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April 17, 2024
Firefighter, Doctor Unions Lose Appeal Over Pensions Swap
Trade unions representing firefighters and doctors lost an appeal Wednesday to help their members recover losses resulting from a change to pension plan rules after justices concluded that HM Treasury had the right to pass the cost on to scheme members.
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April 17, 2024
Raid On Broker In Cum-Ex Fraud Case Was Lawful, Court Says
A raid on the London office of commodity brokerage MCML Ltd. following a request from Danish prosecutors investigating an alleged £56 million ($70 million) tax fraud was lawful, a London court ruled Wednesday.
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April 17, 2024
Gov't, Employers Face Pressure After Right To Strike Ruling
The U.K. will face fresh pressure to improve protections for striking workers after the country's highest court declared Wednesday that part of a foundational trade union law is incompatible with employees' human rights.
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April 17, 2024
Escobar TM Too Shocking For General Public, EU Court Rules
A European court refused Wednesday to let cocaine kingpin Pablo Escobar's family trademark his name because of its "highly offensive and shocking" associations with drug trafficking and narcoterrorism.
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April 17, 2024
Merchants Bring Modified Bid For Swipe Fee Class Actions
A group of merchants urged Britain's competition tribunal on Wednesday to approve proposed class actions accusing Visa and Mastercard of unfairly imposing interchange fees on retailers for several years, arguing they had sufficiently addressed concerns that led to their initial proposals being rejected.
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April 17, 2024
Gazprom Unit Fights Ruling Blocking Russian UniCredit Claim
A Gazprom joint venture told the U.K. Supreme Court on Wednesday that appeal judges in England did not have jurisdiction to grant an anti-suit injunction blocking its €450 million ($480 million) claim in Russia against UniCredit Bank.
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April 17, 2024
UK Wins Appeal Of Border Officer's Compressed Hours Case
An appellate judge has told an employment tribunal to take another look at a pay discrimination claim by a Border Force officer against the security and immigration body, casting doubt on the earlier court decision to allow him to bring a second claim over the same pay policy.
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April 17, 2024
Coinbase Loses EU Appeal To Bloc Rival TM
Coinbase lost part of its bid Wednesday to stop an Estonian company bearing the same name from registering a trademark, with a European court saying the cryptocurrency platform cannot block the trademark of the Baltic state business for news services, publishing or education.
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April 17, 2024
6,000 Tesco Workers Demand Documents In Equal Pay Case
Thousands of Tesco staff whose equal pay claims have been stayed pending the outcome of a leading case argued in an appeal Wednesday that they should get all correspondence between the supermarket and the claimants in the lead case.
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April 17, 2024
Insurers Deny Liability In €403M Nord Stream Pipeline Claim
Two insurers have argued that the damage caused to two Baltic Sea gas pipelines hit by explosions is not covered under their policies with the lines' operator, and they are therefore not liable for over €403 million ($429 million) claimed to cover repairs.
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April 17, 2024
Chinese Vape Maker Accuses UK Co. Of Bumming Designs
A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.
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April 17, 2024
Intel Urges Court To Revoke Semiconductor's Chip Patent
Computer processor giant Intel denied infringing the intellectual property of R2, telling a judge Wednesday that the chip patent that the semiconductor maker is trying to enforce is invalid because it represents developments already known in the industry.
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April 17, 2024
'Non-Feminist' Staffer Fails To Prove Anti-Men Conspiracy
The Environment Agency did not mistreat a sacked employee based on his non-feminist views, a tribunal has ruled, finding that his complaints were nothing more than simple workplace squabbles and deeming his views discriminatory in their own right.
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April 24, 2024
Fieldfisher Goes On German Media, Tech And IP Hiring Spree
Fieldfisher LLP has recruited 11 lawyers across its German offices, including several new partners, to boost its intellectual property offerings, and strengthen its position in the media sector.
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April 17, 2024
Construction Co. Settles £5M Bathroom Fault Insurance Claim
A major construction company has settled its £5.1 million ($6.3 million) claim against four insurers that allegedly failed to cover the costs of repair damage caused by faulty bathroom floor designs.
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April 17, 2024
Hugh Grant Settles Privacy Suit Against UK Tabloid Publisher
Actor Hugh Grant has settled his claim against the U.K. arm of Rupert Murdoch's media empire over alleged invasions of his privacy, according to London court filings made public Wednesday.
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April 17, 2024
Employers Can't Punish Workers For Striking, Top Court Rules
Employers cannot punish workers for taking part in industrial action, the U.K.'s highest court ruled Wednesday, handing a major victory to trade unions amid disputes over new barriers to calling workers out on strike.
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April 16, 2024
Autonomy CEO Pressured JPMorgan Over Analyst, Jury Told
An ex-JPMorgan stock analyst testifying Tuesday in the criminal fraud trial of former Autonomy CEO Michael Lynch told jurors that the software company founder responded with hostility when his research reports questioned its growth, and that Lynch offered JPMorgan millions in business if he were taken off the Autonomy beat.
Expert Analysis
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Series
In A 'Barbie' World: Boosting IP Value With Publicity Machines
Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
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EU Directive Implementation Facilitates Class Action Shift
Lawyers at Faegre Drinker discuss the increase in class and consumer action filings leading up to the implementation of the EU's Collective Redress Directive, and predict that certain aspects of the directive will result in a pro-claimant landscape that may mirror that of the U.S. and other common law countries.
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Swiss Privacy Law Reforms Present Divergences From GDPR
The differences between Switzerland’s recently reformed Federal Act on Data Protection and the EU's General Data Protection Regulation, particularly around data breach reporting and the liability of company officers, will need to be carefully managed by multinationals that may have competing obligations under different laws, say Kim Roberts and Vanessa Alarcon Duvanel at King & Spalding.
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EU Antitrust Rules Set To Pose Challenges To US Businesses
With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.
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Navigating The Rising Threat Of Greenwashing Enforcement
Recent high-profile cases before the Danish Consumer Ombudsman are a signal that authorities are ready to take robust action against greenwashing, and with a likely increase in the stringency of laws and severity of penalties, it is vital that businesses promoting their sustainable credentials do so in a compliant manner, says Lars Karnøe at Potter Clarkson.
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New Legislation May Not Be Needed For Recovery Of Crypto
The recent seizure of cryptocurrency under a civil recovery order raises the issue of whether extended powers under the forthcoming Economic Crime Bill are necessary, with the ability to seize crypto-related items that may be the subject of a search order more likely to be of assistance, says Nicola McKinney at Quillon Law.
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Opinion
Russia Ruling Should Lead UK To Review Sanctions Policy
The High Court's recent dismissal of the first-ever court challenge to Russian sanctions in Shvidler v. Secretary of State sets a demanding standard for overturning designation decisions, highlighting the need for an independent review of the Russia sanctions regime, says Helen Taylor at Spotlight on Corruption.
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UPC Revocation Actions Offer An Attractive Patent Strategy
As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.
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Pension Plan Amendment Power Lessons From BBC Ruling
The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.
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5 Takeaways For Litigants From Early EU Patent Court Ruling
One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.
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What To Know About The EU Residency Scheme Changes
The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.
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High Court Dechert Ruling Offers Litigation Privilege Lessons
While the recent High Court ruling in Al Sadeq v. Dechert LLP, which concerned torture conspiracy allegations against the firm, held that litigation privilege can be claimed by a nonparty to proceedings, the exact boundaries of privilege aren't always clear-cut and may necessitate analyzing the underlying principles, says Scott Speirs at Norton Rose.
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What To Know About AI Fraudsters Before Facing Disputes
The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.
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UK Insolvency Reform Review Shows Measures Are Working
The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.
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More UK Collective Actions On The Horizon After Forex Ruling
A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.