Commercial Litigation UK

  • April 15, 2024

    Prison Governor Loses Claim He Was Excluded From Union

    A prison governor lost his claim against a trade union that refused to let him join its ranks twice because he had held key positions in another union that competed with it, an employment tribunal has ruled.

  • April 15, 2024

    Prince Harry Ordered To Pay Gov't Costs In Security Case

    A London judge has ordered Prince Harry to pay 90% of the government's legal costs and refused him permission to appeal after he lost his challenge to its decision to downgrade his taxpayer-funded security when he quit his royal duties.

  • April 15, 2024

    AML Exec Loses Bid For Interim Pay In Whistleblowing Case

    The co-founder of a London-based payments platform provider has lost his bid to be paid his £190,000 ($237,000) salary while he pursues a whistleblowing and unfair dismissal claim against the company.

  • April 15, 2024

    Skat Kicks Off £1.4B London Trial Against British Trader

    A British trader was accused Monday of being the "mastermind" behind a fraudulent trading scheme that cost the Danish tax authority £1.4 billion ($1.7 billion) at the start of a year-long High Court trial.

  • April 15, 2024

    Trainee Solicitor's Bid To Claim SQE Fees From Ex-Firm Fails

    A trainee solicitor cannot recoup fees for her legal qualification examinations from her former employer, with a tribunal finding that she failed to prove that the law firm had agreed to pay the fees.

  • April 15, 2024

    Avoiding Legal Pitfalls In M&A Deferred Pricing Deals

    One of the worst markets for M&A dealmaking in a decade has spawned innovative pricing models such as deferred consideration arrangements for buyers and sellers to come to terms, but lawyers warn that these agreements have to be watertight to protect against future litigation.

  • April 13, 2024

    Newcastle Beats Sports Direct's Kit Injunction Bid

    The Competition Appeal Tribunal has dismissed Sports Direct's request for an injunction to force Newcastle United to stock its stores with the soccer club's replica kits after a rival retailer was given an exclusive supply deal.

  • April 12, 2024

    CJEU Grand Chamber To Hear Patent Jurisdiction Referral

    The EU's highest court is set to hear arguments on whether a member state has authority to hear patent invalidity defenses for foreign patents, in a rare instance of a patent referral made to the court's 15-judge grand chamber.

  • April 12, 2024

    US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds

    U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.

  • April 19, 2024

    Morgan Lewis Bolsters Munich Office With Partner Hire

    Morgan Lewis & Bockius LLP has hired the Munich office managing partner of Reed Smith LLP to shepherd its expanding global disputes practice.

  • April 19, 2024

    Lewis Silkin Brings Back Disputes Pro From Hausfeld

    Lewis Silkin LLP has rehired a technology and insolvency expert from Hausfeld LLP in a bid to boost its commercial disputes practice.

  • April 12, 2024

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

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    John Lewis Beats Muslim Worker's Discrimination Claim

    Department store John Lewis has beaten accusations that it discriminated against a Muslim employee, but it botched the process for sacking him, a tribunal has ruled.

  • April 12, 2024

    Abbott Loses Bid To Nix UK Whistleblowing Case On Appeal

    An appeals tribunal has rejected Abbott Laboratories' bid to escape a whistleblowing case brought by the founders of a British DNA technology business that it bought, concluding on Friday that the founders had an arguable case that U.K. judges had jurisdiction.

  • April 12, 2024

    Temp Engineer Must Pay £27K For 'Vexatious' Behavior

    An employment tribunal has ordered a temp to pay thousands of pounds in litigation costs for bringing a claim he knew he would lose, having previously failed to show on three other occasions that he was an employee or a worker.

  • April 12, 2024

    Denmark's £1.4B Tax Fraud Trial Heads For 'Uncharted Waters'

    Denmark will open its £1.4 billion ($1.7 billion) dividend fraud case in London on Monday, beginning a yearlong trial that will have wide implications for other disputes arising out of the cum-ex trading scandal that has swept Europe.

  • April 12, 2024

    Sky Managers Can't Appeal Dismissal Case On New Grounds

    Two former Sky store managers cannot reargue their claim that the company owes them money following a mandatory change of role, an appeals tribunal has ruled, blocking them from raising a challenge on grounds that did not come up in the original case.

  • April 12, 2024

    Apple Loses Bid To Toss $1B App Maker Charges Case

    The Competition Appeal Tribunal refused on Friday to toss a £785 million ($996 million) proposed class action by app developers against Apple over commission payments after finding that the claimants had a real shot at showing that the case was governed by U.K. law.

  • April 12, 2024

    Bayer Loses UK Protections For Billion-Dollar Blood Thinner

    A London court on Friday invalidated Bayer AG's patent for its best-selling blood thinner Xarelto, agreeing with an array of generic drugmakers that the German pharmaceutical giant had given away too much information in conference materials about the drug before seeking protections.

  • April 12, 2024

    Clyde & Co. Must Face Ex-Client's Pared-Back Negligence Suit

    Clyde & Co. LLP must face part of a construction magnate's negligence claim over a failed legal case concerning a soured investment, after a London judge tossed part of the case on Friday but ruled that one aspect of it had a real prospect of success.

  • April 11, 2024

    Autonomy Became Less Transparent Before Sale, Jury Told

    An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.

  • April 11, 2024

    BlackRock Can't Deduct Interest On $4B, London Court Finds

    Financial services firm BlackRock cannot deduct interest on $4 billion in loans it used for the 2009 purchase of Barclays Global Investors because avoiding taxes was the main reason for the way it structured the transaction, a London appeals court ruled Thursday.

  • April 11, 2024

    Ex-Sidley Partner Says CPS Did Not Disclose Prosecution Info

    A former Sidley Austin LLP partner, a former senior KPMG LLP official and a banking adviser have hit back at the Crown Prosecution Service in the men's £66 million ($82.8 million) claim over a failed tax fraud prosecution, arguing that their prosecutor hid important information from them.

  • April 11, 2024

    Law Firm Denies Thwarting Driver's Injury Claim

    JMW Solicitors has pushed back at accusations by an injured delivery driver that it filed his compensation claim against the wrong defendant to avoid a conflict of interest with a valuable client.

  • April 11, 2024

    Plus-Size Clothing Retailer Sues Over Alleged Knockoffs

    A British fashion retailer has accused a London-based garment supplier of selling knockoffs of its "Yours" and "Yours Curve" plus-size women's clothing brands with a "Yours Curvy" line of products.

Expert Analysis

  • ESG Litigation May Move Toward Untrue Statement Claims

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    As the environmental, social and governance agenda has gained significant momentum, and more activists and investors hold businesses accountable to their commitments, the Financial Services and Markets Act provides a legal vehicle for shareholders to exert pressure on listed companies, say Rupert Lewis and Ceri Morgan at Herbert Smith.

  • What The Collective Interests Bill May Mean For Irish Litigation

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    As multinational corporations continue to increase their presence in Ireland, the forthcoming Collective Interests of Consumers Bill is expected to significantly alter the Irish litigation landscape and provide fertile ground for consumer-led group actions, backed by a gradual edging toward wider third-party litigation funding reform, say lawyers at Kennedys.

  • Successfully Implementing AI Rules Requires A Cultural Shift

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    Recent positive use cases of artificial intelligence demonstrate the potential benefits it can bring to the legal profession, and while the development of AI rules is essential, their effectiveness depends on user adoption, behavioral change and human acceptance, say Charlie Morgan and Salman Dhalla at Herbert Smith.

  • Recent Cases Mark Maturation Of CAT Class Cert. Approach

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    The Competition Appeal Tribunal's recent refusal to grant collective proceedings applications against Visa and MasterCard in the Commercial and Interregional Card Claims case shows that the tribunal takes its role as a gatekeeper seriously, and that it will likely continue to be difficult for defendants to defeat certification first time around, say lawyers at Linklaters.

  • Why The UK Needs Tougher Fraud Enforcement

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    The Crown Court's recent conviction of Anthony Constantinou for running a Ponzi scheme is a rare success for prosecutors, highlighting the legal system's painfully slow course when it comes to complex fraud, and the need for significant funds and resources in the fight against financial crime, says James Clark at Quillon Law.

  • Global M&A Outlook: Slow But Moving Along

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    Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.

  • Emmentaler Case Elucidates Recipe For EU Food Trademarks

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    In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.

  • Why Int'l Investors Should Keep An Eye On German M&A Regs

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    While German reform proposals will digitize corporate law formalities that have long been immune to change, international limitations remain, particularly for countries outside the European Union, as Germany moves to tighten regulatory hurdles to control inbound investment, say Marcus Geiss and Sonja Ruttmann at Gibson Dunn.

  • Mass EU Privacy Litigation May Be Imminent After GDPR Case

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    While the EU Court of Justice decision in Österreichische Post, clarifying that personal data infringements under the General Data Protection Regulation must be effectively compensated, has not yet opened the floodgates for data breach litigation, it has definitely encouraged individuals to pursue damage claims, says Jan Spittka at Clyde & Co.

  • What Google Case Means For Privacy Class Action Litigation

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    While the recent High Court decision in Prismall v. Google UK and DeepMind highlights the high bar for bringing collective actions on an opt-out basis and the difficulties of relying on the tort in misuse of private information, it is not impossible as long as the case is right, says Kingsley Hayes at Keller Postman.

  • Meta Fine Offers EU Data Privacy Compliance Warning

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    The recent record €1.2 billion fine against Meta highlights that all transfers of EU personal data to U.S. companies inherently risk breaching the General Data Protection Regulation, so companies should examine whether privacy compliance is sufficiently built into their business model, says Eddie Powell at Fladgate.

  • Failed Libel Claim Shows Need For Political Donation Controls

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    While the recent High Court decision to throw out a Tory donor's libel claim demonstrates that courts will not hesitate to pull the plug on baseless and resource-draining claims, it also highlights the need for robust checks on political party donations and stronger anti-SLAPP legislation, says Helen Taylor at Spotlight on Corruption.

  • Unified Patent Court Advantages Leave US Trailing Behind

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    Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.

  • Examining The Effects Of Increased Construction Insolvency

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    With a significant rise in construction firm insolvencies, proactive monitoring of key counterparties is paramount, and if early warning signs such as failure to pay suppliers or a turnover in key management are triggered, parties should take steps to minimize exposure and potential losses, say lawyers at Reynolds Porter.

  • Ensuring Construction Project Insurance Cover Is Adequate

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    There are a number of ways for practitioners to secure appropriate insurance for a construction project, and it is as important to consider who is covered under the policy as it is the specific terms and obligations, say lawyers at Gowling.

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