Commercial Litigation UK

  • May 14, 2024

    Appeals Court Urged To Rule Neural Network Is Not Patentable

    Counsel for the U.K.'s patent authority urged an appeals court to overturn a decision that held a company's recommendation technology could be patented, in a much anticipated appeal that looks to set the groundwork for the scope of protection for "artificial intelligence"-related technology.

  • May 14, 2024

    Zen Internet CEO's Dismissal Was Unfair But Certain

    Zen Internet unfairly dismissed its former chief executive after the company failed to properly investigate concerns that he was failing to turn a profit, an employment tribunal has ruled.

  • May 14, 2024

    Government Challenged Over OK'd 'Net-Zero' Power Station

    An environmental consultant is challenging the U.K. government's decision to build a gas power station with carbon capture technology, claiming the project will hinder the country's "net-zero" 2050 commitment.

  • May 14, 2024

    UniCredit Bids To Toss $69M Plane Payment Sanctions Ruling

    UniCredit urged an appeals court on Tuesday to overturn a ruling that it was not reasonable for its London branch to believe it was prohibited from making $69.3 million in payments to three Irish lessors tied to aircraft held in Russia because of Western sanctions.

  • May 14, 2024

    Interserve Whistleblower Can Add Past Warnings To Claim

    A former Interserve employee has won permission to include details of blowing the whistle at a previous employer to her whistleblowing claim against the construction company, in a reversal of a tribunal's decision that she had not been specific enough when filing the claim.

  • May 14, 2024

    $330M Romania Award Must Be Enforced, DC Circ. Says

    The D.C. Circuit on Tuesday refused to overturn a ruling enforcing a $330 million arbitral award against Romania based on a pair of decisions issued by Europe's highest court, saying a federal district judge was obligated under U.S. law to enforce the award.

  • May 14, 2024

    Rail Operator Takes Fight Against Union To UK Supreme Court

    Rail operator Nexus took its battle with its employees' union to Britain's Supreme Court on Tuesday, arguing that it should be allowed to change a pay clause in a collective bargaining agreement reached with the organization.

  • May 14, 2024

    Repository Denies Withholding Investment Data From Fund

    A securitization repository has denied "capriciously" withholding investment data from an investment fund, claiming that it never received a request for the information and did not know the fund existed.

  • May 14, 2024

    ATM Network Accuses Stripe Of Infringing 'Link' TMs

    The main ATM network in the U.K. has accused Stripe of infringing its trademarks and hijacking its reputation by providing a payments system under the "Link" name, telling a court that consumers associate this branding with the cash machine system in Britain.

  • May 14, 2024

    BBC To Pay Princess Diana's Driver Damages Over Bashir Lie

    The BBC has agreed to pay substantial compensation to Princess Diana's chauffeur after a journalist suggested that he had leaked information about her to the media to help secure a high-profile interview in 1995.

  • May 13, 2024

    Irked Autonomy Judge Vents On HP Fraud Trial's Slow Pace

    U.S. District Judge Charles Breyer on Monday blasted lawyers for the government and two former Autonomy Corp. PLC executives in a criminal fraud case over the trial's slow progress, saying he's "annoyed," but also "complicit" because he "did not take more of a controlling posture."

  • May 13, 2024

    Income Nixes Exxon's 'Final Loss' Deduction, Court Says

    Exxon's Norwegian operation cannot deduct 900 million krone ($83.2 million) from its fiscal year 2012 taxable income that it spent liquidating an Exxon subsidiary in Denmark, a European court ruled Monday.

  • May 13, 2024

    Coastguard Volunteer Wins Appeal Over Worker Status

    A coastguard volunteer's contractual relationship with a maritime rescue agency and his subsequent right to be paid meant that he held worker status before bosses cut him loose, a London appeals tribunal has ruled.

  • May 13, 2024

    Candey, Ex-Partner Face Tribunal Over Alleged AML Breach

    Candey Ltd. and a former partner breached money laundering regulations by not adequately checking the source of nearly £24 million ($30 million) of client funds earmarked for a property purchase, the Solicitors Regulation Authority told a tribunal Monday.

  • May 13, 2024

    JP Morgan Battles Viva Wallet Founder Over Buyout Value

    J.P. Morgan International Finance Ltd. urged a London judge Monday to reject a payment company's "nonsensical" case over the investment bank's option to buy out its partner's stake in a joint venture fintech business.

  • May 13, 2024

    Trinity College Librarian Loses Race Bias Claim Over Contract

    A librarian at Cambridge's Trinity College has lost her claim accusing the 478-year-old college of race discrimination after an employment tribunal found the college's contracts did not treat those who need to travel abroad to see family less favorably.

  • May 13, 2024

    Barclays Can Keep $148M Russian Swaps Dispute In London

    Barclays has secured a permanent London court order preventing sanctioned Russian state investment company VEB from taking its $147.7 million swaps dispute with the bank away from the U.K. to an arbitration court in Moscow.

  • May 13, 2024

    Clothing Co. Blames Businessman In Knockoff Garment Fight

    A London-based garment supplier has responded to accusations that it sold knockoff "Yours" and "Yours Curve" plus-size clothing, telling a London court that a businessman it dealt with was responsible for supplying allegedly infringing items.

  • May 13, 2024

    Law Firm Beats Paralegal's COVID Whistleblower Claim

    An employment tribunal has dismissed a former paralegal's claim alleging she was unfairly dismissed for raising complaints about her mentor's behavior and COVID-19 practices, finding the disclosures didn't play a part in the firm's decision to fire her.

  • May 13, 2024

    Barrister May Have 'Dozed Off' For Medical Reasons, She Says

    A barrister denied undermining the public's trust in the legal profession on Monday after she was brought before the barristers' tribunal for allegedly falling asleep during a coroner's inquest in which she was acting as counsel.

  • May 13, 2024

    EasyGroup Sues Vehicle Rental Co. Over 'EasyHire' TM

    EasyGroup has hit English car and van rental business Easihire with a trademark infringement claim, arguing that customers are likely to confuse Easihire with its own easyHire brand.

  • May 13, 2024

    CMA Can Appeal Nixed £100M Fine In NHS Drug Pricing Case

    The Competition and Markets Authority was granted permission on Monday to challenge a tribunal's ruling that overturned more than £100 million ($126 million) in fines against drug companies for fixing agreements that allegedly increased the price of hydrocortisone tablets.

  • May 13, 2024

    Biotech Biz OK To Fire CEO For Attempted Board Coup

    The sacked boss of a biotechnology startup cannot challenge the decision of his ex-employers to fire him for staging an attempted coup against the board because he had not held his post for two years before his dismissal, a tribunal has ruled.

  • May 13, 2024

    Royal Mail Beats Rival's Costs Claim, But £600M Trial Still Set

    Royal Mail has beaten a rival's claim for £2.8 million ($3.5 million) in legal costs that arose when it helped the communications watchdog uphold a £50 million fine against the postal delivery service.

  • May 13, 2024

    BetCity Says €850M Buyout Was Good Value Despite Inquiries

    The former owners of online sports betting operator BetCity admit that they breached some of the terms from Entain's €850 million ($920 million) buyout, but have argued that the gambling giant knew of the investigations and failed to seek a better deal.

Expert Analysis

  • Why Computer Evidence Is Not Always Reliable In Court

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    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.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    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.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    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.

  • Employer Lessons From Ruling On Prof's Anti-Zionist Views

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    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.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    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.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    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.

  • Unpacking The Law Commission's Digital Assets Consultation

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    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.

  • 1st Appellate Ruling On Digital Terms Sets Tone For Disputes

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    The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • How Employers Should Respond To Flexible Work Requests

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    U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

  • What COVID Payout Ruling Means For Lockdown Loss Claims

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    While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Opinion

    PACCAR Should Be 1st Step To Regulating Litigation Funders

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    Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • In Int'l Arbitration Agreements, Be Clear About Governing Law

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    A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.

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