Commercial Litigation UK

  • February 26, 2024

    Decorator Told To 'Try Escorting' Wins £92K For Harassment

    An employment tribunal has awarded a decorator at a home-building company more than £92,000 ($116,700) in compensation for a series of assaults at work, after a colleague exposed himself to her on the job and her manager asked her to wear stockings and suspenders to work.

  • February 26, 2024

    Ex-Managing Partner Must Pay £210K Costs In Bias Claim

    A former managing partner of a law firm has lost his latest bid to avoid paying costs, after a tribunal blocked him from relitigating rulings that he hid information while off work with cancer to claim income protection insurance and a share of its profits.

  • February 26, 2024

    Dental Software Biz Bites Back In Infringement, Fraud Claim

    A dental software company has hit back against allegations of copyright infringement from a rival, saying the other business is seeking to intimidate it and only wants to cause commercial damage to a competitor.

  • February 26, 2024

    Boxing Body's Website Statement Didn't Defame Referee

    A judge threw out on Monday a defamation claim by a boxing referee against the governing body of the sport in the U.K., finding a statement on its website about a misconduct investigation into him did not imply he had committed any wrongdoing.

  • February 26, 2024

    Tribunal Fees 'Green Light To Bad Employers,' Gov't Told

    Plans to reintroduce employment tribunal fees in Britain would block "worthy claims" and "give a green light to bad employers to exploit their workers," dozens of organizations warned the government on Monday.

  • February 23, 2024

    VAT Refunds For Tax Errors Don't Require Interest, ECJ Rules

    European Union law does not require interest to be paid on value-added tax reimbursements if they are being made as a result of administrative errors or changes in tax calculations, the European Court of Justice determined.

  • February 23, 2024

    Therium Can't Block Law Firm's Claim Over VW Scandal

    A London court refused Friday to end a law firm's claim that litigation funder Therium breached a confidentiality agreement for group emissions litigation against Volkswagen, even though the case involves some facts similar to one decided by the U.K.'s top court.

  • February 23, 2024

    Ex-Kurdish Energy Minister Largely Fails To Ax Libel Defense

    An Iraqi politician largely failed to throw out an investigative reporting organization's defense to his defamation claim, after a London judge ruled that journalists had a real chance of showing they fairly and accurately reported legal proceedings in an article about alleged corruption in the Iraqi oil business.

  • February 23, 2024

    Ex-Ofsted Inspector Wins Claim Over Skin Graft Adjustments

    The Employment Tribunal has ruled that school inspection agency Ofsted failed to make proper adjustments for a school inspector with skin cancer when she returned to work after receiving a skin graft.

  • February 23, 2024

    Toyota Engine Patent Stalls At EPO For Lack Of Inventive Step

    Toyota has lost protections over its exhaust heat recovery system after an emissions specialist showed that the Japanese automotive giant's engine tech lacked an inventive step, the European Patent Office said Friday.

  • February 23, 2024

    Ex-Law Firm Worker Can't Nix Sanction Over Siphoned Funds

    An ex-employee of a law firm failed to convince a tribunal Friday that it should overturn a restriction on his ability to work in law after he was exonerated in criminal proceedings on accusations that he had embezzled at least £89,000 ($113,000).

  • February 23, 2024

    HIV Status Can't Shield Worker After 4-Month Absence

    A Scottish government worker has failed to prove that he was fired because of his disabilities, after a tribunal ruled that he left his bosses with few options after he was absent for 148 days during a probationary period.

  • February 23, 2024

    'Dry January' Campaign Launcher Can't Trademark Name

    A British nonprofit organization has failed to register a trademark for "Dry January," after the country's intellectual property officials ruled that it simply described non-alcoholic drinks and had become too widely used to become exclusive.

  • February 23, 2024

    EasyGroup Hits Dead End In 'EasyTaxi' TM Battle

    EasyGroup Ltd. has lost its fight to keep a trademark for "easyTaxi" after a European Union intellectual property authority concluded that the brand is merely descriptive and "devoid of distinctive character."

  • February 23, 2024

    Philips Patent Gets Brushed Off On Appeal

    Philips has failed to patent a method for tracking the movement of a toothbrush inside the mouth after European officials ruled that the amendments proposed by the Dutch electronics giant extended beyond its original application against the rules.

  • February 23, 2024

    Russian Tycoon Can Take Sanctions Case To UK's Top Court

    An oligarch can take his attempt to halt a $850 million fraud claim brought by two Kremlin-backed banks to the U.K.'s highest court after it granted him permission to challenge a decision allowing the case to proceed despite one of the lenders being under British sanctions.

  • February 23, 2024

    New Rules Aim To Widen Nonparties' Access To Court Docs

    Proposed changes to civil court rules would significantly broaden nonparties' access to documents including witness statements, expert reports and written arguments, further strengthening the principle of open justice that applies in English courts.

  • February 23, 2024

    Lawyers Question UK's Sanction Muscle 2 Years After Invasion

    A lack of enforcement over suspected sanctions breaches two years on from Russia's invasion of Ukraine has left lingering doubts about the effectiveness of the U.K.'s response — even though prosecutors recently opened the first such criminal case, legal experts say.

  • February 23, 2024

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

    This past week in London has seen Tesco target competing retailer Lidl with a copyright claim as they battle in the Court of Appeal over the design of Tesco’s Clubcard, the directors of a taxi business sue the creator of an AI route mapping app for professional negligence, Global Aerospace Underwriting Managers tackle an aviation claim by an Irish investment company, and Robert Bull hit with a general commercial contracts claim by Hancock Finance.

  • February 23, 2024

    UK Gov't Backs Plans To Expand Scope Of Anti-SLAPP Laws

    The U.K. government added its backing on Friday to legislation that will prevent corrupt elites from making spurious legal claims to gag journalists and silence critics, expanding on similar rules introduced into law last year.

  • February 23, 2024

    Ex-Telecoms Execs Deny Knowledge Of Bribery In £11M Sale

    Three former directors of a telecommunications company allege that a cloud-technology business owes them more than £1.5 million ($1.9 million) left unpaid after it bought their business, while denying claims that they failed to disclose ongoing legal disputes that subsequently devalued the shares.

  • February 23, 2024

    Ex-Bevan Brittan Solicitor Stuck Off Over Antisemitic Tweets

    A former lawyer with Bevan Brittan LLP who sent abusive and antisemitic tweets about prominent U.K. figures, including a well-known barrister, was struck off by a tribunal on Friday.

  • February 23, 2024

    Fox Williams Beats £30M Game Show IP Negligence Claim

    Fox Williams won its bid Friday to strike out a media company's case that the law firm bungled its game show copyright claim and caused it to lose out on £30 million ($38 million), as a court ruled that the claim was "hopeless."

  • February 23, 2024

    Transgender Judge Hopes To Return 'When Hate Subsides'

    Britain's only transgender judge said on Friday that she hopes to return to public office "when hate subsides" after she resigned over concerns that she risked politicizing the judiciary if she remained on the bench. 

  • February 22, 2024

    Spain Allowed To Reclaim Illegal Aid Given To Ship Buyers

    Spain can reclaim the financial benefits given to beneficiaries of a tax scheme that gave illegal state aid to purchasers of ships built in Spanish shipyards, the European Union's General Court has ruled.

Expert Analysis

  • EU Report Is A Valuable Guide For Data Controllers

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    The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • Employers Can 'Waive' Goodbye To Unknown Future Claims

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    The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Ruling Elucidates Tensions In Assessing Employee Disability

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    An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.

  • What Extending Corporate Liability Will Mean For Foreign Cos.

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    Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.

  • Cos. Should Weave Metaverse Considerations Into IP Strategy

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    In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.

  • ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring

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    A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.

  • Economic Crime Act Offers Welcome Reform To AML Regime

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    The Economic Crime and Corporate Transparency Act exemption for mixed-property transactions that came into force on Jan. 15 as part of the U.K.'s anti-money laundering regime is long overdue, and should end economic harm to businesses, giving banks confidence to adopt a more pragmatic approach, say Matthew Getz and Joseph Fox-Davies at Pallas Partners.

  • What Venice Swaps Ruling Says About Foreign Law Disputes

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    The English appeals court's decision in Banca Intesa v. Venice that the English law swaps are valid and enforceable will be welcomed by banks, and it provides valuable commentary on the English courts' approach toward the interpretation of foreign law, say Harriet Campbell and Richard Marshall at Penningtons Manches.

  • Key Litigation Funding Rulings Will Drive Reform In 2024

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    Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.

  • How Data Privacy Law Cases Are Evolving In UK, EU And US

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    To see where the law is heading in 2024, it is worth looking at privacy litigation and enforcement trends from last year, where we saw a focus on General Data Protection Regulation regulatory enforcement actions in the U.K. and EU, and class actions brought by private plaintiffs in the U.S., say lawyers at Morgan Lewis.

  • Misleading Airline Ads Offer Lessons To Avoid Greenwashing

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    Following the Advertising Standards Authority's recent decision that three airlines' adverts misled customers about their environmental impact, companies should ensure that their green claims comply with legal standards to avoid risking reputational damage, which could have financial repercussions, say Elaina Bailes and Olivia Shaw at Stewarts.

  • Supreme Court Ruling Is A Gift To Insolvency Practitioners

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    As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.

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