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Commercial Litigation UK
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May 19, 2025
Earl Can't Oust Trustees Of Country Estate Amid Family Feud
A London court on Monday rejected a bid by the eldest son of a British aristocratic family to oust the trustees of their multimillion-pound country estate after his father decided not to pass him the property amid a family feud.
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May 19, 2025
Phones 4u Fights Decision Clearing UK Networks Of Collusion
The administrators of Phones 4u urged an appeals court on Monday to overturn a finding that the U.K.'s biggest phone operators did not unlawfully collude when they pulled out of supplying the retail chain, which subsequently went out of business.
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May 19, 2025
Email Sealed DAZN-Coupang FIFA Broadcast Deal, Court Says
The e-commerce business Coupang won its case Monday against streaming platform DAZN, when a judge found the sports broadcaster had reached a deal to provide Coupang with a license to broadcast the 2025 FIFA Club World Cup in South Korea.
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May 19, 2025
Associated British Foods Blames Storm For Malawi Flood
Associated British Foods PLC has denied claims from more than 1,700 Malawi citizens that embankments surrounding one of its plantations negligently diverted floodwater into a village, arguing "extraordinarily heavy" rainfall is to blame for the destruction.
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May 19, 2025
UK Aims To Recruit 1,000 Tribunal Judges, Panelists In 2025
The government is aiming to recruit 1,000 judges and panel members by the end of the year before a probable deluge of claims once the Employment Rights Bill comes into effect.
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May 19, 2025
Kelyn Bacon Named President Of Competition Appeal Tribunal
The government has appointed Kelyn Bacon to be president of the Competition Appeal Tribunal, naming a specialist in competition and EU law who has already helped the tribunal to take a tougher stance on the suitability of class action representatives.
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May 19, 2025
EY Accused Of Flawed Audits At NMC Health's £2B Fraud Trial
The administrator of NMC Health accused EY on Monday of "fundamentally flawed" auditing that allowed a major fraud against its business by principal shareholders to go undetected for more than seven years, as a multibillion-pound trial kicked off.
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May 19, 2025
Firm And Consultant Fined £10K Over Accounts Rules Breach
An English law firm and a consultant were each hit with a £5,000 ($6,700) fine by a disciplinary tribunal on Monday after the solicitors' regulator alleged that they allowed the company's client account to be used as a banking facility.
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May 16, 2025
State Immunity In England Needs Clarification, Judge Says
Investors in an Indian satellite communications company have been granted permission to challenge a ruling allowing India's sovereign immunity defense in English litigation to enforce a $217 million arbitral award, after a judge in London ruled Friday that the immunity issue raises broader questions.
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May 16, 2025
Solicitor Struck Off For £1M Fraudulent Transfers
A former owner of a now-defunct law firm has been banned from working as a solicitor after he allowed the firm's client account to receive and transfer more than £1 million ($1.3 million) for illegal purposes long after the business had stopped trading.
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May 16, 2025
Work Agency Loses VAT Deregistration Appeal Over Tax Fraud
An agency worker supply company has lost its latest bid to challenge a decision by the U.K. tax authority to cancel its VAT registration over its alleged links to a tax fraud scheme, as a London appeals court refused its bid on Friday.
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May 16, 2025
Coupang Accuses DAZN Of 'Seller's Remorse' Over FIFA Deal
Coupang accused streaming platform DAZN of experiencing "seller's remorse" and reneging on a deal to provide the e-commerce business with a license to broadcast the 2025 FIFA Club World Cup in South Korea at the start of a High Court trial on Friday.
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May 16, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Linklaters and EY face negligence claims from a fintech investment firm, property developer Sir John Ritblat bring legal action against a Guernsey-registered company, and fresh equal pay litigation filed against Morrisons and Safeways. Here, Law360 looks at these and other new claims in the U.K.
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May 16, 2025
Ex-BGC Tax Adviser Jailed For Breaching Asset Freeze Order
A former BGC Partners employee was sentenced to 16 months committal in prison Friday for contempt by a London judge Monday after admitting he breached restrictions the court imposed after he committed a £23.5 million ($31.1 million) fraud against a subsidiary.
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May 16, 2025
Steel Biz Says Ex-Exec Must Repay £574K Of Bonus
A British steel supplier has sued its former managing director, alleging he wrongfully retained more than half a million pounds of a conditional bonus following his early departure from the company.
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May 16, 2025
Guardian Story On Murder Of Gay Student Can't Be Libel
The Guardian defeated a claim that it had defamed a man by suggesting he was gay after a court ruled Friday that there is no longer any scope for arguing that right-thinking individuals would think less of someone because of their sexual orientation.
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May 16, 2025
Gov't, EHRC Face Legal Challenge Over Toilet Use Guidance
A group of transgender and intersex individuals launched a legal challenge against the equalities watchdog and a government minister on Friday, arguing that guidance issued following the U.K. Supreme Court's watershed ruling on the legal definition of a woman violates human rights law.
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May 16, 2025
Tycoon Claims PE Firm Unfairly Forfeited €1.5M Investment
Peter Waddell has sued a private equity firm for €1.5 million ($1.7 million) over an investment the tycoon claims was wrongfully forfeited when the company saw him as a "nuisance" following a court battle connected with funding for his car supermarket group.
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May 23, 2025
Ashurst Adds Paris White Collar Chief From Eversheds
Ashurst LLP said Friday that it has recruited the head of white-collar crime and investigations at Eversheds Sutherland in Paris to lead its own French corporate crime team.
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May 15, 2025
Clifford Chance Adds Arbitration Expert From Pinsent Masons
Clifford Chance LLP has boosted its international arbitration practice by hiring a lawyer from Pinsent Masons LLP, saying she has broad experience in matters involving Spain and has been appointed to serve as a partner on the global law firm's litigation and dispute resolution team.
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May 15, 2025
HMRC Fights To Keep £261M In Overseas Dividends Tax Battle
The British High Court was wrong to find BAT Industries PLC could have discovered that its tax payments on foreign dividends were made by mistake, HM Revenue & Customs told an appeals court Thursday, urging it to overturn the ruling.
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May 15, 2025
Judge Sidelined Over Bias Concerns In Business Taxes Feud
A London court on Thursday removed a district judge from a dispute over the payment of business taxes, citing a risk of bias amid his "sensitive" response to a challenge of his decision in an earlier linked case.
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May 15, 2025
Software Biz Boss Defends 'Wise' Rebrand In TM Dispute
The chief executive of a software business said he didn't believe that rebranding his business to use the name "Wise" would lead customers to confuse it with digital payments company Wise, as he gave evidence to the trademark infringement trial Thursday.
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May 15, 2025
Amazon Whistleblower Fights To Revive Unfair Firing Claim
An Amazon whistleblower urged the Employment Tribunal on Thursday to revive his unfair dismissal claim against the tech giant, saying a lower tribunal's decision to strike out his claim was unfair in light of his neurological disability.
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May 15, 2025
EE Loses Case Against Avanti Over Satellite Link Price Hike
Mobile provider EE lost its case that Avanti Broadband Ltd. breached a contract to provide satellite network connection services by demanding an "exorbitant and unreasonable" price hike, as a London court ruled on Thursday that EE's contractual interpretation was "plainly wrong."
Expert Analysis
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How 'Copyleft' Licenses May Affect Generative AI Output
Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.
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UK Compulsory Mediation Ruling Still Leaves Courts Leeway
An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.
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Russia Ruling Shows UK's Robust Jurisdiction Approach
An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.
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PPI Ruling Spells Trouble For Financial Services Firms
The Supreme Court's recent decision in Canada Square v. Potter, which found that the claimant's missold payment protection insurance claim was not time-barred, is bad news for affected financial services firms, as there is now certainty over the law on the postponement of limitation periods, rendering hidden commission claims viable, say Ian Skinner and Chris Webber at Squire Patton.
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UPC Decision Highlights Key Security Costs Questions
While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.
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Extradition Ruling Hints At Ways Around High Burden Of Proof
The U.K. Supreme Court's recent ruling in Popoviciu v. Curtea De Apel Bucharest confirmed that, in a conviction extradition case, the requested person must establish a flagrant violation of their right to a fair trial, but the court's reasoning reveals creative opportunities to test this boundary in the U.K. and Strasbourg alike, says Rebecca Hughes at Corker Binning.
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IP Ruling Could Pave Way For AI Patents In UK
If implemented by the U.K. Intellectual Property Office, the High Court's recent ruling in Emotional Perception AI v. Comptroller-General of Patents, holding that artificial neural networks can be patented, could be a first step to welcoming AI patents in the U.K., say Arnie Francis and Alexandra Brodie at Gowling.
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UK Review May Lead To Lower Investment Screening Burden
The government’s current review of national security investment screening rules aims to refine the scope of mandatory notifications required for unproblematic deals, and is likely to result in much-needed modifications to minimize the administrative burden on businesses and investors, say lawyers at Simpson Thacher.
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What Prince Harry Privacy Case May Mean For Media Ethics
An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.
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How European Authorities Are Foiling Anti-Competitive Hiring
Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.
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When Can Bonuses Be Clawed Back?
The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.
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The State Of UK Litigation Funding After Therium Ruling
The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.
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Trial By AI Could Be Closer Than You Think
In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.
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Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds
With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.