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Commercial Litigation UK
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April 11, 2024
Ex-Post Office Boss Denies 'Cover Up' Of IT Bugs
A former Post Office boss has denied trying to "cover up" the fact that senior members of the organization knew the IT system used to prosecute hundreds of innocent sub-postmasters was faulty, as he gave evidence to an inquiry Thursday.
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April 11, 2024
Cable Co. Says Funding For Price Fixing CPO Lacks 'Visibility'
A major European power cable supplier questioned Thursday whether a representative seeking damages on behalf of U.K. electricity customers had allocated enough money to cover their costs during a hearing to decide whether the mass claim should be certified.
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April 11, 2024
NHS Assistant With Lung Condition Wins COVID Bias Claim
An NHS trust in England forced a hospital worker with a chronic lung condition to quit her job by refusing to let her work from home during the COVID-19 pandemic, a tribunal has ruled.
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April 11, 2024
ECHR Climate Ruling Provides Blueprint For Future Litigation
A ruling from Europe's top human rights court that countries have obligations to protect their citizens from climate change could serve as a blueprint for other litigation brought by activists seeking to force action from governments and corporations over a warming planet.
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April 11, 2024
Failure To Address Group Chat Jokes Pushed Worker To Quit
Blackpool Council forced an employee to resign after it failed to formally investigate her complaints about a "deluge" of inappropriate WhatsApp group messages that made her view the workplace as hostile, an employment tribunal has ruled.
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April 11, 2024
Dough-Maker Loses Fight Against Order To Reverse Merger
Dough maker Cérélia on Thursday lost its fight to avoid being forced to sell its Jus-Rol brand, with a London appeals court upholding a decision that the sale is necessary to protect retailers and shoppers from paying higher prices.
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April 11, 2024
Hendrix Bandmates Have No Claim To Copyright, Sony Says
The U.K. arm of Sony has hit back at the estates of the former bandmates of Jimi Hendrix in their ongoing copyright feud over the group's back catalog, alleging that the pair consented to producers taking control.
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April 11, 2024
Solicitor Struck Off For Misleading Client Over PI Claim
A former Slater and Gordon personal injury lawyer who admitted that he misled a client about the status of her claim for more than 15 years was struck off by a tribunal on Thursday.
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April 10, 2024
No Merit To Autonomy Whistleblower Claims, Auditor Says
A Deloitte partner testifying in a California criminal trial over claims that former Autonomy CEO Michael Lynch and finance director Stephen Chamberlain duped HP into buying the British tech company for $11.7 billion said Wednesday that auditors concluded that whistleblower allegations by a finance department executive were meritless.
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April 10, 2024
Spain To Face Claim Over Nixed Uranium Processing Plant
Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.
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April 10, 2024
Lights Out For Solar Panel Company's Battle To Revive Design
Singapore-based solar panel maker Maxeon Solar Pte. Ltd. lost its fight to revive its invalidated panel design Wednesday, with a European Union court ruling that the appearance of its device "lacked individual character."
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April 10, 2024
Former Judge Says Post Office Prosecutions Made No Sense
A former senior judge who oversaw a mediation scheme between the Post Office and people it wrongly prosecuted based on faulty IT data said the organization's case "didn't make sense," as he gave evidence to the inquiry into the scandal on Wednesday.
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April 10, 2024
Medical Device Maker Bids To Stop Rival Selling Product
A Chinese medical device maker urged a London court Wednesday to prevent a U.K. rival from selling its product until the end of its patent infringement claim, arguing that the medical device supplier might undercut its prices.
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April 10, 2024
Italian Airline Chairman Sued For €50M Over Joint Venture
The chairman of Aeroitalia SRL has allegedly blocked aviation magnate German Efromovich from controlling the startup Italian airline by refusing to hand over his majority stake in the project, according to a new London claim seeking €50 million ($54 million).
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April 10, 2024
Ex-Footballer Sues HSBC For £2M Loan Negligence
Former professional soccer player Matthew Jansen has claimed HSBC lost him almost £2 million ($2.5 million) during the 2008 financial crisis by allegedly failing to monitor the risk of loans secured against properties.
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April 10, 2024
EU Court Revives German Kitchen Biz's 'MH Cuisines' TM Hopes
A German kitchen specialist can proceed to registering its "MH Cuisines" trademark after persuading a European Union court on Wednesday to overturn an earlier ruling that consumers could confuse the sign with a rival's "MM Cuisines" logo.
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April 10, 2024
Author 'Blacklisted' For Anti-Trans Views Loses Status Appeal
An author whose contract was canceled after she expressed anti-transgender views online cannot revive her discrimination case, as an appeals court dismissed her claim that she was legally employed by her publisher.
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April 10, 2024
Door Handle Maker Grips Design Victory On Appeal
A Czech manufacturer won its appeal Wednesday to reinstate design protections for a door handle after a European court ruled that differences in the angles of the grip and neck were significant enough to merit protection.
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April 10, 2024
EUIPO Wrongly Skimmed Dairy Biz's 'Rebell' TM, Court Says
A European Union court has restored a dairy company's "Rebell" protection, ruling on Wednesday that intellectual property officials failed to explain why they narrowed the scope of the trademark for lack of use amid a beef company's protests.
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April 10, 2024
Chelsea FC Unfairly Booted Staffer Amid Assault 'Cover-Up'
Chelsea Football Club unfairly fired a groundsman after he appeared to send 1,600 anonymous emails claiming the club covered up a colleague's alleged assault of the groundsman, a tribunal has held, but it declined to award him damages after ruling he was behind the emails.
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April 10, 2024
EU Bank Rescue Agency Overcharged Institutions By €3.7B
A European Union court ruled Wednesday that the eurozone's rescue agency for financial institutions overcharged for contributions to its safety net fund by almost €3.7 billion ($4 billion) but has given the authority at least six months until it has to repay.
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April 09, 2024
'You're Going To Lose These People,' Judge Tells Lynch Atty
U.S. District Judge Charles Breyer on Tuesday chided a Steptoe partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial, saying that his hourslong questioning of a Deloitte partner shouldn't go on much longer, or "you're going to lose these people."
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April 09, 2024
UK Court Affirms Sweet VAT Ruling For Jumbo Marshmallows
Jumbo-size marshmallows are not candy like regular marshmallows because they're meant to be roasted, so they qualify for a value-added tax exemption for food, the U.K. Upper Tribunal ruled in upholding a lower court's findings.
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April 09, 2024
BCLP Says It Had No Obligation To Man's Family In Tax Fight
Global law firm Bryan Cave Leighton Paisner was under contract to represent only a family's patriarch and thus shouldn't be liable for taxes resulting from advising him to transfer £242 million ($307 million) in assets to his wife, then to his sons, the firm told a London court.
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April 09, 2024
Tory Donor Wins First Defamation Fight Against BBC
Telecoms magnate and Conservative Party donor Mohamed Amersi won the first hurdle in his defamation battle against the BBC on Tuesday when the High Court ruled that BBC reports suggested to the public there were strong grounds to suspect that he had been involved in corruption and bribery scandals.
Expert Analysis
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Expansion Of Court Filming May Carry Reputational Risks
In light of the U.K. government’s recent consultation on expanding filming across the courts system in England and Wales, our right to open justice must be weighed carefully against the reputational risk that litigation poses to all parties involved, says Bella von Bohlen at FTI Consulting.
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A First Look At UK's Reform Approach To EU Employment Law
The U.K. government's recent proposal on EU employment laws is relatively modest, retaining the post-Brexit law in areas such as recording working hours and holiday pay calculations, and assuaging predictions of a bonfire of EU employment rights, say Sally Hulston and James Davies at Lewis Silkin.
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PR Perspectives: Strategies For Lawyers Publicizing Litigation
Any business or high-profile individual could end up in court, and with a global audience watching on through social media, lawyers would be wise to use strategic methods to shine a favorable light on their work and cases, says Steve Rudaini at MD Communications.
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Alstom Arb. Case Shows 3 Approaches To Corruption Claims
French, English and Swiss courts have provided differing assessments of post-award corruption allegations in the long-running case Alexander Brothers v. Alstom, which is clearly undesirable, and may affect arbitration tactics, says Harriet Chopra at Fladgate.
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Applying The Singapore Convention In UK: The Key Questions
While the U.K. government's recent decision to join the Singapore Convention is welcome, the hard work arguably starts now in devising the domestic rules to implement it, which should not be treated as a straightforward exercise, says Jan O'Neill at Herbert Smith.
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Judicial Review Lessons From Financial Ombudsman Case
Even though the judicial review claim was dismissed in the recent High Court decision Shawbrook Bank v. Financial Ombudsman Service, it has important legal and practical takeaways for lenders who can obtain real value by challenging FOS decisions, say lawyers at Linklaters.
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Understanding ESG Considerations In Social Lending
In light of recent updates to sustainable finance guidance by loan market associations, lenders should ensure they request compliance information for projects intended to provide social benefits in order to encourage borrowers to hold environmental, social and corporate governance factors as a priority, says Jasmine Robinson at Taylor Wessing.
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How To Approach Different Data Types In E-Disclosure Matters
The High Court's recent decision in Terre Neuve v. Yewdale highlights the importance of practitioners adequately approaching e-disclosure obligations, including understanding their data landscapes and the nuances of different data types, say Fiona Campbell at Fieldfisher and Alejandro Gomez-Igbo at Forensic Risk Alliance.
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EPO Decision Adds To Sparse Case Law On Core AI Patents
The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.
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Key Takeaways From Recent UK Insolvency Disputes
As recent insolvency statistics show that U.K. registered company insolvencies are up 16% compared to last year, having a strong understanding of recent key U.K. decisions and how insolvency disputes operate is more important for companies now than it has ever been, say attorneys at Crowell & Moring.
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Why The Draft UK Fraud Offense May Not Be A Game Changer
Although the U.K.’s proposed "failure to prevent fraud" offense will generate a need for large businesses to reassess their existing processes, given the long lead-in times for prosecutions and the Serious Fraud Office's current success rate, it seems unlikely that the corporate fraud landscape will be immediately transformed, say Charles Kuhn and Charlotte Gill at Clyde & Co.
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A Review Of The EU FDI Screening Regulation And Its Scope
The EU advocate general’s recent broad interpretation of the EU Foreign Direct Investment Screening Regulation takes account of some of the geopolitical challenges faced by the bloc, and may foreshadow a revision of the regulation and widen the scope of investments screened, say Vassilis Akritidis and Jean-Baptiste Blancardi at Crowell & Moring.
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How Lawyers Can Best Avoid Money Laundering Issues
There are basic questions that solicitors must ask of clients to avoid money laundering risks, but in light of recent fines imposed by the Solicitors Regulatory Authority for failure to comply with anti-money laundering regulations, firms must also ensure they document their diligence process, says Harriet Holmes at Thirdfort.
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Taxing The Digital Economy: The Good, The Bad And The Ugly
U.S. tech companies should watch for important developments in international taxation, including the resolution of Apple's decade-old state aid case, growing frustration with the Organization for Economic Cooperation and Development's global tax plan and adoption of the digital services tax instead, says Joyce Beebe at Rice University's Baker Institute for Public Policy.
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How Ed Sheeran's Serenade May Have Swayed The Jury
While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.