Commercial Litigation UK

  • March 26, 2024

    Insurance Execs Deny BDO Found Buyer For £18.5M Sale

    Directors of KGJ Insurance Services have denied owing advisory fees to BDO LLP following the sale of the insurance broker for an estimated £18.5 million ($23.4 million), claiming that BDO never proposed or introduced the buyer itself.

  • March 26, 2024

    Casino Biz Seeks To Smother Rival's 'Mini Burning Hot' TM

    A casino tech company has asked a London court to revoke a competitor's trademark and clear the path for it to extend its "Burning Hot" logo portfolio after the rival company blocked a new application using its purportedly invalid "Mini Burning Hot" sign.

  • March 26, 2024

    Top Court Ruling In 'Whiplash' Test Case Could Hit Premiums

    Personal injury claimants could get higher payouts from their motor insurance as a result of a test case ruling at Britain's highest court on Tuesday, although analysts warn that insurers could respond with higher premiums to cover the cost of bigger claims.

  • March 26, 2024

    Insurers Lose Whiplash Test Case At Top UK Court

    Insurers will probably have to pay more to accident victims suffering whiplash and another injury, after the U.K.'s top court ruled Tuesday that any reductions for overlapping injuries should not leave claimants worse off than before reforms were introduced.

  • March 25, 2024

    Man Denies Conspiring Against Game Host's Ex-Biz Partner

    A man accused of conspiring with convicted HBOS fraudster Mark Dobson to acquire a company from the ex-business partner of TV personality Noel Edmonds by undervaluing it has denied that any plot existed.

  • March 25, 2024

    Eastman Group Says Ex-Employee Lifted IP To Start Rival Co.

    A specialty materials maker has told a London court that an ex-employee stole a valuable database in order to quickly set up a rival company selling paint protection film for cars.

  • March 25, 2024

    Businessman Appeals Ruling That He Wrongly Ousted Director

    A businessman on Monday asked a London court for permission to challenge a ruling that he wrongly forced out a fellow company director in breach of their business' articles of association.

  • March 25, 2024

    Motorbike Gear Biz Hits Back At Rival In Designs Dispute

    A motorcycle apparel company has denied infringing a competing retailer's clothing designs while hitting back at the company in a London court for damaging its business by threatening to sue its customers, documents made public Monday say.

  • March 25, 2024

    Slushie Maker Hits Back At Britvic Over Ice Blast TM

    A slushie machine business has hit back at Britvic over the soft drink giant's allegations that it has copied the "Tango Ice Blast" branding on its frozen drink dispensers.

  • March 25, 2024

    Schuh, Simmi Want To Give Naked Wolfe Designs The Boot

    Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs weren't original enough to deserve protection in the first place.

  • March 25, 2024

    Virgin Seeks Full $200M In Train Brand Feud After $115M Win

    Virgin Enterprises Ltd. has sued Brightline Holdings LLC for the full $200 million exit fee for backing out of its train brand licensing deal after already winning $115 million, arguing in documents made public on Monday that it's owed a boosted exit fee because of a change in control of the U.S. rail operator.

  • March 25, 2024

    Google Faces Consolidated Trial Over Antitrust Claims

    Google will face a consolidated megatrial combining two lawsuits over alleged anti-competitive violations involving its app store, with the Competition Appeal Tribunal ruling Monday that factual evidence in the two major trials can be heard together.

  • March 25, 2024

    Ship Owners Win $37M Naval Detention Insurance Fight

    The owners of a cargo ship seized by the Indonesian navy can recover $37 million from insurers, a judge ruled Monday, saying the shipmaster should not have expected to be detained for accidentally anchoring in the country's waters.

  • March 25, 2024

    Muslim Doctor Loses Bias Case Over Hospital Uniform Policy

    A Muslim ophthalmologist was not discriminated against when she was berated for not rolling her sleeves up in a restricted surgery area, an employment tribunal has ruled, saying her bosses were just following uniform and infection prevention policies.

  • March 25, 2024

    SFO To Pay ENRC £9M As It Plans To Appeal Costs Findings

    The Serious Fraud Office said Monday that it will fight findings that it persuaded a former Dechert partner to divulge confidential information about ENRC, as the agency agreed to initially pay the mining company £9 million ($11.4 million) in damages.

  • March 25, 2024

    Staveley On The Hook For £3.4M After Failed Court Battle

    Newcastle United co-owner Amanda Staveley failed Monday to have a repayment demand from a Greek shipping magnate set aside as a High Court judge ruled that she had 21 days to hand over £3.5 million ($4.4 million).

  • March 25, 2024

    Pro Golfer Wins £20K After Club Axed Him Over 'Savile Joke'

    A tribunal has ordered a country club to pay a professional golfer £19,800 ($25,000) after bosses unfairly fired him amid allegations that he compared a co-worker to Jimmy Savile, an infamous sexual predator, and made other sexual comments to colleagues.

  • March 22, 2024

    Investment Firm Fights To Save £43M Delayed Hotel Claim

    An investment firm pleaded with a London court on Friday not to throw out its £43 million ($54 million) claim against a hotelier who it says scuppered a hotel project in Scotland by demanding last-minute changes.

  • March 22, 2024

    Actor Fox Faces Six-Figure Damages Demand In Libel Case

    Two men who won a landmark libel victory against Laurence Fox after the commentator called them pedophiles argued for six-figure sums in damages in the High Court on Friday, highlighting the distress and reputational damage caused by one of "the most serious allegations that can be made."

  • March 22, 2024

    JPMorgan Gets Early Trial On US Regs In Viva Wallet Dispute

    J.P. Morgan on Friday was granted an expedited London trial on some of the issues in its warring claims with the founder of a Greek payment company co-owned by the investment bank over the fintech business' value.

  • March 22, 2024

    Financial Analyst Org. Prevails In Clash Over 'CEFA' TM

    The European Federation of Financial Analysts Societies won its latest bid to register a trademark for "CEFA Certified European Financial Analyst" after a European court ruled that earlier examiners didn't consider key evidence.

  • March 22, 2024

    Ex-Mishcon De Reya Atty Talks Switching To Litigation Finance

    After 20 years in private practice, and a summer holiday in the wake of a mammoth $11 billion arbitration case, former Mishcon de Reya LLP partner Zachary Segal made the switch to a litigation finance firm where the commercial arbitration lawyer is eyeing opportunities in emerging markets.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 22, 2024

    Glencore Cannot Deny Knowing It Was Corrupt, Investors Say

    Glencore cannot claim it "reasonably believed" it was telling the truth when it failed to disclose it orchestrated a global bribery scheme during an initial public offering that raised $10 billion, institutional investors suing the mining and trading group have said.

  • March 22, 2024

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

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Copyright Cheat Sheet: Finding Substantially Similar Songs

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    Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.

  • Lessons On Cricket Patent History And IP Protection At UPC

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    On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.

  • FCA Case Failures Highlight Value Of Robust Investigation

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    The recent U.K. upper tribunal judgment in Seiler, Whitestone and Raitzin v. The Financial Conduct Authority, criticizing the regulator for accepting a narrative advanced by the firm, makes clear that such admissions must not get in the way of a proper investigation to enable agencies to target the correct individuals, say Tom Bushnell and Olivia Dwan at Hickman & Rose.

  • Reputation Management Lessons From Spacey Case

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    While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.

  • Factors To Consider In Protecting Software With Trade Secrets

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    With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.

  • What ClientEarth Ruling Means For Shareholder Climate Suits

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    The High Court recently confirmed its earlier decision in ClientEarth v. Shell, illustrating that environmental groups seeking to bring a derivative action against corporate directors' strategic decision making may find it challenging to obtain admissible evidence to establish a prima facie case of a breach, say lawyers at Herbert Smith.

  • Directors Should Beware Reinvigorated UK Insolvency Service

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    The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.

  • EU Privacy Plan Finally Resolves Data Transfer Woes

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    Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.

  • The New Accountability Landscape For Financial Regulators

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    The preliminary-stage success of a group of U.K. lawmakers in a case against the Financial Conduct Authority highlights the significant hurdles for review of regulatory actions, but the Financial Services and Markets Act 2023 creates additional visibility into the regulators' decision making, which may lead to an increase in judicial review activity, say attorneys at Cleary.

  • Director Responsibilities Amid Russian Asset Seizures

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    Following Russia's recent takeover of several companies, shareholders may argue that directors failed to properly guard the companies' assets and choose to bring derivative claims or unfair prejudice petitions, say lawyers at Collyer Bristow.

  • Investors Should Prepare For Possible EU Energy Treaty Exit

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    Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.

  • What Trustees Must Know About Virgin Media Pension Case

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    The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.

  • EU Illumina-Grail Fine Cools Cos.' Merger Control Approach

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    The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.

  • UK Top Court Ruling Spells Uncertainty For Litigation Funders

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    The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.

  • 4 ADR Techniques To Know In Employment Cases

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    With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.

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