Commercial Litigation UK

  • April 02, 2024

    Ex-Autonomy Exec Denies He Blew Whistle To Deflect Scandal

    Autonomy's former U.S. chief financial officer denied under cross-examination Tuesday in the California criminal fraud trial of ex-CEO Michael Lynch that he brought whistleblower concerns about alleged accounting irregularities to the software company's Deloitte auditors to "cover" himself after a payroll scandal emerged in his department.

  • April 02, 2024

    Sanctioned Solicitor Loses Claim In Biz Sale Fight

    An employment tribunal has refused to hear a solicitor's claim against the firm he had sold his practice to because it lacked jurisdiction over commercial matters, and in any case the practice had shut its doors months before the ink dried.

  • April 02, 2024

    Top UK Court Floats Digital Case Management System Plans

    Britain's highest court on Tuesday proposed new rules aiming to modernize its process and enhance access to justice, including the introduction of a digital legal system for civil litigation.

  • April 02, 2024

    Law Firm Manager Who Lied To High Court Struck Off

    A former law firm manager has been barred from practicing as a solicitor after he was dishonest with the High Court while it investigated his firm's handling of a judicial review claim, according to a judgment published Tuesday.

  • April 02, 2024

    Yacht Owners Sue Generali Unit For €2M Over Repair Costs

    A British Virgin Islands-based company has sued a French Generali subsidiary for more than €2 million ($2.2 million) in a London court for allegedly dodging a policy for a yacht that began to take on water in the Myrtoan Sea in 2021.

  • April 02, 2024

    Exec Unable To Work Due To Eyesight Sues Insurer For £1M

    A sales director at software giant Quest is seeking over £1.14 million ($1.43 million) from insurer Generali Italia after it refused to pay out when a degenerative eye condition left him unable to work.

  • April 02, 2024

    Blur Drummer Leads Competition Challenge Over Royalties

    The drummer for an English rock band is leading a legal challenge on behalf of songwriters, claiming that a society that collects royalties for artists has been unfairly distributing cash, according to details published by the Competition Appeal Tribunal on Tuesday.

  • April 02, 2024

    Developer Says Defects Didn't Start £15M Flat Block Fire

    A construction developer has hit back against an investment company's £15 million ($19 million) negligence claim, denying that building defects caused a block of flats to burn down.

  • April 02, 2024

    Airplane In $20M Russia Dispute Is Not Lost, Insurers Say

    Three insurers have hit back against a $19.7 million claim over a passenger jet stranded in Russia following the invasion of Ukraine, arguing that the Irish aviation company which owned it had suffered no actual loss.

  • April 02, 2024

    MoJ Greenlights 10% Fee Increase for Courts, Tribunal Access

    Fees for access to courts and tribunals in England and Wales will rise by 10%, despite mixed public responses, after the government decided that the extra income would do more good than harm.

  • April 01, 2024

    Autonomy Paid Whistleblower $750K Over Firing, Jury Told

    Autonomy's former U.S. chief financial officer testified Monday in the California criminal fraud trial of ex-CEO Michael Lynch that he was fired after blowing the whistle to British regulators about accounting irregularities, and revealed that Autonomy later paid him $750,000 to resolve his wrongful termination claims.

  • March 29, 2024

    ICJ Orders Israel To Open Up Gaza For Humanitarian Aid

    The International Court of Justice has unanimously ordered Israel to "take all necessary and effective measures" to increase the capacity and number of land crossing points in order to ensure that Palestinians in Gaza have unhindered access to basic services and humanitarian assistance.

  • March 28, 2024

    Security Guard Wins £84K Over Harassment, Discrimination

    A security guard has won £84,000 ($106,147) in compensation after proving several claims of discrimination and harassment based on sex, race and disability, after a tribunal said the security firm that employed her paid "scant regard" to the Equality Act.

  • March 28, 2024

    Insurers Must Face £13B Russia-Stranded Planes Suits In UK

    Major insurers including Allianz, AXA and Liberty Mutual will have to face £13 billion ($16.4 billion) worth of claims over planes stranded in Russia after the invasion of Ukraine as a London judge on Thursday ruled against attempts to move the claims to Moscow.

  • March 28, 2024

    Taylor Wimpey Unfairly Dismissed Trainee With Muscle Issue

    Taylor Wimpey discriminated against a former management trainee with a muscle wasting condition after failing to make reasonable adjustments to support his training and dismissing him out of the blue, an employment tribunal in Scotland has ruled.

  • March 28, 2024

    PE Firm Denies Liability For $28M Plane Lease Fees

    A private equity firm has hit back against a $28.5 million claim brought by three aircraft lessors over alleged unpaid fees for four jets, arguing the leases to a Canadian budget carrier it partly owns were unlawfully terminated.

  • March 28, 2024

    Developer Says Law Firm Flubbed FOS Appeal

    A property developer is suing its former lawyers for just over £700,000 ($883,500) for negligence after the firm allegedly failed to file a complaint against a now-infamous turnaround unit of the Royal Bank of Scotland when its investments turned sour in the wake of the 2008 financial crisis.

  • March 28, 2024

    Truck Co. Sues Ex-Boss For £216K Over Tax Dodge Scheme

    A British truck dealership is suing its former managing director for more than £216,000 ($273,000), alleging that he left the company liable for a huge back tax bill by setting up a fraudulent salary sacrifice scheme to rent a house.

  • March 28, 2024

    Payne Hicks Rebuts Yacht Claim Over Billionaire Divorce Case

    Payne Hicks Beach LLP has hit back at accusations that it failed to enforce a court order for the ex-wife of a Russian oligarch the firm was representing against his yacht in the U.S. after the couple divorced.

  • March 28, 2024

    British Biz Hits Back At Chinese Co. In LED Mask Design Fight

    A British businesswoman has hit back at a Chinese light-therapy device manufacturer's claim that she misused its designs for an LED mask and bib, telling a London court she was always the rightful owner of the designs.

  • March 28, 2024

    'Gender Critical' College Teacher Loses Unfair Dismissal Case

    A school did not discriminate against a teacher based on his "gender critical" beliefs when it axed him for refusing to refer to a student using their preferred name and pronouns, a tribunal has ruled.

  • March 28, 2024

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

    This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.

  • March 28, 2024

    Locksmith Hits Back At Security Biz In Key Copy Patent Feud

    A locksmith service has denied infringing an Austrian security company's patent by cutting copies of a key design, telling a court it could not have known the key was patent-protected and saying that the patent is invalid either way.

  • March 28, 2024

    Investors Told To Show Standing For £1.4B StanChart Claim

    A London judge on Thursday ordered part of a group of investors suing Standard Chartered PLC for £1.4 billion ($1.7 billion) — for allegedly downplaying how much it had breached U.S. sanctions — to prove they are entitled to bring the claim. 

  • March 28, 2024

    Crowe Denies £5M Negligence Claim Over Audits Of Wine Co.

    A London-based accounting firm has hit back against a £5 million ($6.3 million) negligence claim by the liquidators of a failed wine investment company, saying it acted with the "care and skill" of a "reasonably competent" auditor.

Expert Analysis

  • In Balancing Commerce And Privacy Interests, Consent Is Key

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    Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Recent Trends In European ESG-Related Shareholder Activism

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    New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.

  • Employer Due Diligence Lessons From Share Scheme Case

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    The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

  • Construction Ruling Clarifies Key Payment Mechanism Issue

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    The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.

  • Key Findings From Law Commission Review Of Arbitration Act

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    The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.

  • Bitcoin Case Highlights Advanced Age Of UK's IP Law

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    An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.

  • Accountability Is Key To Preventing Miscarriages Of Justice

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    The wrongful conviction of Andrew Malkinson and other recent cases show that in order to avoid future miscarriages of justice, there needs to be a fundamental reevaluation of how investigators, prosecutors and the Criminal Cases Review Commission operate, prioritizing stronger penalties and increased funding, say Thomas Walford at Expert Evidence International and policy analyst Gerald Frost.

  • UN Code Likely To Promote Good Arbitration Practices

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    The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.

  • 6 Key Factors For Successful Cross-Border Dispute Mediation

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    The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.

  • EU Ruling Highlights Strategic Benefits Of Patent Appeals

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    The European Patent Office board of appeal recently reversed the examining board's ruling in an application by LG Electronics, highlighting how applicants struggling to escape conflicting objection traps at the examination level can improve their chances of a positive outcome with an appeal, says Andrew Rudhall at Haseltine Lake.

  • UK Tech Cases Warn Of Liability Clause Drafting Pitfalls

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    The recent U.K. High Court cases Drax Energy Solutions v. Wipro and EE v. Virgin Mobile Telecoms indicate a more literal judicial approach to construing limitations of liability, even when this significantly limits a claimant's recoverable damages, highlighting the importance of carefully drafted liability provisions, say Helen Armstrong and Tania Williams at RPC.

  • Series

    In A 'Barbie' World: Boosting IP Value With Publicity Machines

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    Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.

  • EU Directive Implementation Facilitates Class Action Shift

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    Lawyers at Faegre Drinker discuss the increase in class and consumer action filings leading up to the implementation of the EU's Collective Redress Directive, and predict that certain aspects of the directive will result in a pro-claimant landscape that may mirror that of the U.S. and other common law countries.

  • Swiss Privacy Law Reforms Present Divergences From GDPR

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    The differences between Switzerland’s recently reformed Federal Act on Data Protection and the EU's General Data Protection Regulation, particularly around data breach reporting and the liability of company officers, will need to be carefully managed by multinationals that may have competing obligations under different laws, say Kim Roberts and Vanessa Alarcon Duvanel at King & Spalding.

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