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Commercial Litigation UK
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June 11, 2025
War Risk Insurers Held Liable For Jets Stranded In Russia
Major insurers are liable to payout in a multibillion-dollar dispute over hundreds of aircraft stranded in Russia following the invasion of Ukraine in 2022, after a London judge ruled on Wednesday that the jets and engines are officially lost.
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June 10, 2025
UK Refiner Wins A Round In $200M EU Energy Tax Dispute
An international tribunal has ruled that a British oil refiner's claim challenging a €175 million ($200 million) windfall tax in Europe will proceed without bifurcation, concluding that jurisdictional objections lodged by Germany, Denmark and the European Union should be weighed concurrently with the merits.
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June 10, 2025
Yukos Says $5B Russia Award Suit Must Proceed
Yukos Oil Co.'s financing arm has told a D.C. federal court that a recent U.S. Supreme Court decision rejecting the Ninth Circuit's outlier interpretation of a jurisdictional question moots Russia's request that the court pause enforcement of a $5 billion arbitral award against the country.
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June 10, 2025
Innsworth Seeks Review Of £200M Mastercard Settlement Split
Litigation funder Innsworth announced Tuesday it was launching a High Court challenge to how the Competition Appeal Tribunal decided to distribute a £200 million ($270 million) settlement reached between Mastercard and Walter Merricks to end litigation over credit card fees.
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June 10, 2025
Virgin Atlantic Beats Flight Attendant's Disability Bias Claims
An employment tribunal has tossed a flight attendant's suite of disability discrimination and harassment claims against Virgin Atlantic Airways, finding no evidence that her rare genetic condition caused her day-to-day issues.
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June 10, 2025
CMS Faces £10M Negligence Claim Over Investec Debt Advice
A property developer has alleged that law firm CMS owes him at least £10 million ($14 million) for negligent advice concerning a debt-restructuring plan that he says he never would have agreed to if he had been given proper warning.
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June 10, 2025
Mass Litigation Could Cost UK Economy £18B, Report Warns
A think tank has called on U.K. policymakers to urgently regulate the litigation funding sector, publishing a report Tuesday warning that a trend of increasing group litigation could eventually cost the British economy up to £18 billion ($24.3 billion).
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June 10, 2025
DHL British Unit On Hook For £3M In Duties, Court Says
A tax tribunal did not err when it upheld HM Revenue & Custom's decision to deny about £3 million ($4 million) in duty relief to cargo aircraft operated by DHL's British affiliate, a U.K. court said, dismissing the company's appeal.
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June 10, 2025
Gambling Watchdog Faces Challenge To £70M Lottery Subsidy
Publishing group Northern & Shell PLC has asked a London appeals tribunal to bin a decision by Britain's gambling regulator to give Camelot UK Lotteries Ltd. more than £70 million ($94 million) to help with marketing and promoting the National Lottery.
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June 10, 2025
Greensill Says He Was Trapped In Katerra Restructuring Deal
Lex Greensill said Tuesday that he was "between a rock and a hard place" in a restructuring deal involving his eponymous firm and SoftBank, a Japanese investment company, as the former banker gave evidence in a $440 million trial in London of a claim brought by a collapsed Credit Suisse fund.
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June 10, 2025
IBM Seeks £1.6M After Winning Reverse-Engineering Claim
IBM has said that LzLabs must pay over £1.6 million ($2.2 million) in damages for reverse-engineering its software products in order to build a rival platform, adding to the Swiss company's £20 million bill.
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June 10, 2025
Apple, Sony Fight Class Reps Over New Legal Funding Deals
Apple, Visa, Mastercard and Sony told the Court of Appeal Tuesday that funding agreements driving multiple competition class action claims in the U.K. are unlawful and unenforceable.
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June 10, 2025
Amazon Whistleblower Gets Second Shot At Unfair Firing Claim
A disabled Amazon whistleblower won a second shot at his unfair dismissal claim against the tech giant on Tuesday, after an appellate judge agreed that a lower tribunal jumped the gun by tossing his case.
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June 10, 2025
Gay Mexican Chef Harassed With Deportation Threats
An employment tribunal has ruled that a British restaurant owner harassed a gay Mexican chef by stereotyping him as unreliable and threatening to tell the Home Office that he was sexually harassing colleagues.
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June 10, 2025
J&J Spinoff Had 'Shoddy' Process But Didn't Discriminate
Johnson & Johnson spinoff Kenvue did not discriminate against a Black manager when it overlooked him for a promotion, even though the process was a "sham," a tribunal said in a ruling released Tuesday.
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June 10, 2025
Lawyer Loses Bid To Ax 'Greedy' Label In $11B Ruling
A London appeals court refused Tuesday a solicitor's bid to chuck references to his being "greedy" and "corrupt" in a judgment over a fraudulent $11 billion arbitration award against Nigeria, ruling that the lower court did not violate his right to a fair trial.
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June 10, 2025
Gene-Editing Biotech Says Rivals Infringed CRISPR Patent
A Korean biotech company has accused several companies of infringing its CRISPR gene-editing patent in the U.K., telling a London court that they must enter a license to use the technology.
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June 10, 2025
Cosmetics Studios Sue Beazley Over COVID Business Losses
Almost 70 cosmetics clinics, including tattoo studios and a flotation therapy center, have sued two Lloyd's of London syndicates managed by Beazley for losses they claimed to have incurred after temporarily closing during the COVID-19 pandemic.
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June 10, 2025
PPE Agent Keeps Sheridans Case Alive After Fraud Settlement
A medical supply agent is continuing its negligence case against London law firm Sheridans, despite settling a linked $10.8 million fraud claim from a British company that accused it of taking secret commissions on COVID-19 pandemic protection equipment orders.
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June 09, 2025
2nd Circ. Affirms Dechert's Victory Over Hacking Suit
The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.
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June 09, 2025
Litigation-Funding Dispute Resumes Amid Uncertain Future
Sony and Apple will challenge the validity of widely used litigation-financing agreements at the Court of Appeal on Tuesday against the backdrop of an influential report calling for legislation to urgently reverse a landmark ruling that shook the funding industry.
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June 09, 2025
Media Biz Chair Who Misled Investors Told To Buy Out Shares
The chairman of a media company has been ordered to buy out a minority shareholder after a London appeals court said Monday that he had deliberately deceived investors about his attempts to work towards selling the company.
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June 09, 2025
Physiotherapist Wins £20K After Boss Slashed Working Hours
A physiotherapist has won £20,000 ($27,100) after convincing a tribunal that his former company consistently failed to meet his contractual entitlement to 37.5 hours of paid work per week.
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June 09, 2025
Lex Greensill Claims SoftBank Hid Deal With 'Code Of Silence'
Lex Greensill testified in a $440 million London trial Monday that SoftBank, a Japanese investment company, had designed a restructuring agreement involving his firm to avoid putting potential losses on its accounts in his first public appearance since his eponymous firm's collapse.
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June 09, 2025
Investment Biz CEO Hit For £2.8M Over Exec's Drinks Loan
A former executive at a U.S. subsidiary of a London investment fund is suing the firm and its founder for about $3 million after they allegedly failed to repay a short-term loan to cover the costs of the company's investment in a drinks company.
Expert Analysis
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Apple Ruling Offers Morsel Of Certainty On Litigation Funding
An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Opinion
Employment Tribunal Fees Risk Reducing Access To Justice
Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.
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Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection
Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.
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UK Courts Continue To Struggle With Crypto-Asset Cases
Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.
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Why Computer Evidence Is Not Always Reliable In Court
Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.
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Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases
The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.
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Employer Lessons From Ruling On Prof's Anti-Zionist Views
In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.
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Design Rights Can Build IP Protection, EU Lego Ruling Shows
The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.
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ECJ Ruling Clarifies Lawyer Independence Questions
The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.
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Unpacking The Law Commission's Digital Assets Consultation
The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.