Commercial Litigation UK

  • July 26, 2024

    EAT Was Too 'Hardhearted' In Blocking Late Appeals

    The Employment Appeal Tribunal incorrectly blocked three claimants from bringing appeals after they mistakenly omitted key documents that delayed their applications, the Court of Appeal has ruled.

  • July 26, 2024

    SFO Probed ENRC Investigator For Separate Media Disclosure

    A former Serious Fraud Office investigator accused of leaking information about a corruption investigation into mining company Eurasian Natural Resources Corp. was subject to disciplinary proceedings for making disclosures about another matter to the media, the SFO confirmed Friday.

  • July 26, 2024

    Virgin Loses Court Battle To Keep Pension Plan Changes

    An appeals court has ruled that regulations on contracted-out retirement savings plans require written confirmation from a scheme's actuary for changes affecting beneficiaries' future rights, not just past benefits, rejecting Virgin Media's challenge to a decision voiding decades-old changes to one of its pensions.

  • July 26, 2024

    Funders Face Battles Over Returns A Year On From PACCAR

    A year on from the Supreme Court's landmark decision that upended the financing of class actions, and failing any immediate legislative solution, lawyers say litigation funding agreements will continue to face scrutiny with new challenges to the returns funders can expect to earn.

  • July 26, 2024

    UK Gov't Denies Leaked Greensill Probe Caused Him Harm

    The Insolvency Service leaked private details of an investigation into Lex Greensill, the founder of collapsed finance company Greensill Capital, to the national press, the government has admitted in court filings — but denied it caused him any harm.

  • July 26, 2024

    Valderrama Golf Course Owner Heir Blocked From Sale Profits

    The heir to the former owner of the Valderrama golf course in Spain lost his fight Friday for a slice of a €39.1 million ($42.5 million) sale as an appellate court rejected his interpretation of a profit-sharing agreement.

  • July 26, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

  • July 26, 2024

    Former Royal Mint HR Director Wins Disability Bias Claim

    The Royal Mint indirectly discriminated against a human resources director by denying her request to rescind the resignation that she submitted while grappling with mental health conditions, a tribunal has ruled.

  • July 26, 2024

    Consultant Claims $2M From Port Co. For Unpaid Fees

    A Swiss business consultancy has claimed that an English port operator owes it more than $2 million in unpaid fixed and variable fees it alleged were tied to shareholder dividends of which it was not informed.

  • July 26, 2024

    Consultancy Sues Marketing Agency Over 'Elixirr' TM

    IT consulting firm Elixirr has hit a digital marketing agency with a trademark infringement case, alleging that the company has been piggybacking on the goodwill of its brand by operating under the name "Elixir."

  • July 25, 2024

    DP World Wins OK Of $194M Award Against Djibouti

    A D.C. federal judge entered a $194.3 million judgment against the Republic of Djibouti, enforcing an arbitration award secured by a Dubai-based port terminal operator in a long-running legal battle over an international container terminal in the East African country.

  • July 25, 2024

    Natwest Seeks €155M Swap Funds From Dutch Mortgage Co.

    NatWest's investment banking arm, which alleges a Dutch financial services company owes it €155 million ($168.3 million) under deeds in swaps transactions, argued at the opening of a London trial Thursday that the company wrongly relied on contractual terms to delay payment.

  • July 25, 2024

    Lufthansa Blocks Avionics Rivals' Late Tweaks In Patent Feud

    A London court has blocked three avionics companies from making a slew of late tweaks to their defense ahead of a trial to set the compensation they owe a Lufthansa unit for patent infringement, ruling that the short notice would unfairly hamper their opponent.

  • July 25, 2024

    Scottish Gov't Wins Appeal Of Judge's Part-Time Status

    The Scottish government won its appeal against a retired trial judge Thursday after the Employment Appeal Tribunal ruled that she was not a part-time worker when she served on the country's criminal appeals court.

  • July 25, 2024

    Vince Cable Missed Shoosmiths' Warning Over Post Office IT

    Shoosmiths LLP warned the government about problems with the IT accounting software which incorrectly showed shortfalls that the Post Office used to prosecute innocent people in 2012, documents disclosed to the inquiry into the scandal on Thursday showed.

  • July 25, 2024

    Lucasfilm Strikes Back In Star Wars Actor 'Resurrection' Row

    Lucasfilm fought for a second time on Thursday to exit a dispute with an English movie company over the use of actor Peter Cushing's likeness in Star Wars, telling a London court that the case against it was "just weird." 

  • July 25, 2024

    Plan To Return WealthTek Clients' Money Gets Green Light

    The Financial Conduct Authority said Thursday that the High Court has approved a plan by the joint special administrators of collapsed regulated wealth manager WealthTek LLP to return money and investments it held for clients.

  • July 25, 2024

    Freeholders Face Homeowners' Action Over Insurance Fees

    Freehold owners are facing a class action from leasehold homeowners for allegedly charging hidden commissions on building insurance premiums for years, the law firm bringing the claim has said.

  • July 25, 2024

    Belgium Taken To EU Court Over Deposit Exemption Rules

    The European Union's executive branch said Thursday that it is taking Belgium to court alleging that the country's system of exempting remuneration of savings deposits from tax violates EU law.

  • July 24, 2024

    Gender-Critical Barrister Loses Appeal Against Stonewall

    A gender-critical barrister lost her appeal against Stonewall Equality Ltd. on Wednesday after failing to convince the Employment Appeal Tribunal that the LGBTQ+ charity had "induced or attempted to induce" Garden Court Chambers into the discrimination she experienced. 

  • July 24, 2024

    Ex-Barclays CEO Told To Testify In Appeal Of Qatar Fees Fine

    Former Barclays CEO John Varley was ordered by a London tribunal Wednesday to give evidence in the bank's appeal against a £50 million ($64.6 million) fine over its emergency fundraising with Qatar during the 2008 financial crash.

  • July 24, 2024

    Gas Plant Subcontractor Can't Ax £165M Fraud Claims

    A London appeals court refused to block an engineering company's £165 million ($213 million) fraud claims Wednesday, ruling that although the action should have been brought earlier, it is genuine, and the delay has caused little difference to the case's progression.

  • July 24, 2024

    HMRC Wins Battle Over Candy Maker's Holiday Fund Scheme

    HM Revenue & Customs has convinced an appeals tribunal that a Scottish sweet maker must compensate its employees for salary deductions it put aside in "holiday funds," with the judge finding the scheme ran afoul of national minimum wage regulations.

  • July 24, 2024

    Cuban Bank Denies Transferring €72M Debt To Offshore Fund

    Cuba's former central bank told an English appeals court Wednesday that an offshore fund cannot sue it over €72 million ($78.2 million) of unpaid sovereign debt, because it did not consent to the assignment of the debt to the fund.

  • July 24, 2024

    Gov't Backs Off Plans To Expand Scope of Anti-SLAPPs Laws

    A government minister declined to say on Wednesday when politicians might introduce legislation to prevent powerful elites from making abusive legal claims to silence public scrutiny, saying they have to balance access to justice with legitimate claims.

Expert Analysis

  • Don't Wing Settlements: Lessons From Morley's TM Ruling

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    In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.

  • Analyzing The Merits Threshold In Interim Injunction Ruling

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    In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.

  • Use Or Lose It: European TM Ruling Stresses 'Genuine Use'

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    The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.

  • Decoding Plans To Simplify The Transfer Of Undertakings Law

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    The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

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    Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

  • Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims

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    In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.

  • Employer Lessons From Teacher's Menopause Bias Win

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    A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.

  • Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

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    In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.

  • What UK Digital Markets Act Will Mean For Competition Law

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    The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.

  • UK Supreme Court Confirms Limits To Arbitration Act Appeals

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    Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.

  • Examining The EU Sanctions Directive Approach To Breaches

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    In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.

  • Trends, Tips From 7 Years Of EPO Antibody Patent Appeals

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    Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.

  • 4 Takeaways From Biotech Patent Invalidity Ruling

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    The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.

  • Why Reperforming Loan Securitization In UK And EU May Rise

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    The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.

  • What French Watchdog Ruling Means For M&A Landscape

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    Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.

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