Commercial Litigation UK

  • February 22, 2024

    Transneft Ordered To Halt Bid To Block $14B Conspiracy Claim

    The world's largest oil pipeline company has been ordered by a London court to pause its legal action trying to force an imprisoned Russian oligarch to drop his $13.8 billion claim alleging his business empire was unlawfully seized in a sprawling Russian state conspiracy.

  • February 22, 2024

    Fired Fund Exec Gets Deposit Order Axed In Harassment Feud

    A tribunal was too quick to impose a deposit order and decide that a compliance chief is unlikely to succeed in his £2 million ($2.53 million) claim that an investment fund unfairly axed him after a member of its legal and compliance departments accused him of sexual harassment, an appeals judge has ruled.

  • February 22, 2024

    HD Hyundai Loses TM Appeal Over Abstract Rival Sign

    An American company can register an "abstract" trademark after European intellectual property officials ruled that it was not similar to HD Hyundai's earlier marks, as consumers would only see vertical bars rather than a word.

  • February 22, 2024

    Hospital Forced Chef To Quit By Not Sharing COVID Measures

    A tribunal has ruled that a U.K. mental healthcare business forced a hospital chef to quit by repeatedly ignoring his requests for a COVID-19 risk assessment when it asked him to return to work during the outbreak.

  • February 22, 2024

    Sony Loses Bid To Stop Hendrix Bandmates' Copyright Trial

    Sony Music lost another attempt on Thursday to avoid facing a copyright challenge in England over music royalties from Jimi Hendrix's band, with a London judge saying the estates of his bandmates have an arguable case over IP rights for music streaming services.

  • February 22, 2024

    Britvic Sues Slushie Machine Biz Over Tango Ice Blast TM

    Soft drinks giant Britvic has sued a U.K. slushie machine business for allegedly infringing the copyright for its Tango Ice Blast drinks by mimicking the branding for its own drinks machines.

  • February 22, 2024

    Cypriot Companies Can't Halt Halloumi Registration

    A group of cheese-makers have failed to prevent the registration of "Halloumi" as a protected designation of origin, with a European court ruling that the application did not depart from previous national standards about its ingredients.

  • February 22, 2024

    Amy Winehouse's Friends Deny Selling Her Personal Items

    Two "very close friends" of Amy Winehouse have denied putting the property of the dead singer up for auction in their names, telling a London court that the £732,000 ($924,000) claim by her father does not show that the pieces belong to him.

  • February 22, 2024

    ECJ Told Personal Data Can Be Sold In Enforcement Cases

    An adviser to the EU's top court wrote Thursday that selling a database containing personal information without the subjects' consent does not breach the bloc's privacy rules if it's carried out in the context of enforcement proceedings.

  • February 22, 2024

    I'm Victim Of Morgan Stanley's Abuse, Ex-Frasers CEO Says

    Former Frasers chief executive Mike Ashley told a London court on Thursday that he was "a victim of Morgan Stanley's abuse" as he claims that the bank was motivated by "snobbery" when it hit the retail group with a margin call of almost $1 billion.

  • February 22, 2024

    Malta's Used Car Tax Breaches Law, Top EU Court Rules

    Malta is breaking EU law when it charges a higher annual tax for used cars bought in other countries in the bloc and brought to the island state, the European Court of Justice said in a judgment issued Thursday. 

  • February 22, 2024

    L'Oréal Scrubs Out Rival's 'Libre' TM Appeal At EU Court

    L'Oréal has persuaded a European Union court to throw out a competitor's latest attempt to register its "La Crème Libre" trademark, with the court ruling that consumers could confuse it with the French cosmetic giant's own "libre" sign.

  • February 22, 2024

    Argentina Must Pay Upfront In €1.3B Payment Challenge

    Argentina must make an upfront payment if it wants to challenge a ruling forcing it to pay out €1.3 billion ($1.4 billion) to bondholders for wrongly adjusting the way it calculates yields for government securities, an appeals court ruled Thursday.

  • February 21, 2024

    Morgan Stanley Accused Of 'Snobbery' Over $1B Margin Call

    Frasers Group told a London court Wednesday that Morgan Stanley hit it with an almost $1 billion margin call to force the British retailer off its books out of "snobbery" because it viewed Frasers' CEO as "an upstart."

  • February 21, 2024

    Face Mask May Have Triggered PTSD, Tribunal Rules

    A school technician has revived his disability discrimination case after an appellate panel ruled in a decision published Wednesday there was proof to back up his concerns that being forced to wear a face mask during the pandemic would trigger his post-traumatic stress disorder. 

  • February 21, 2024

    Lidl Tackles 'Bad Faith' TM Claims In Tesco Clubcard Spat

    Counsel for Lidl argued on Wednesday that a London court was wrong to rule that the German retailer had registered a trademark for a wordless variant of its logo in bad faith, as intellectual property lawyers await further guidance from the U.K.'s top court.

  • February 21, 2024

    Oxford University Academics Win Employee Status Challenge

    Two University of Oxford academics count as having been employed by the institution even though it hired them on temporary contracts designed to dodge an employer-employee relationship, a tribunal ruled in a decision made public Wednesday.

  • February 21, 2024

    End Of The Line For Cable-Laying Machine Patent Dispute

    A European patent board has revoked an Italian infrastructure company's protections for a cable-laying machine, concluding that it was obvious and others would have eventually figured out how to make it.

  • February 21, 2024

    Ex-Linklaters Atty Owes Saudi Royal $25M Over Missing Fund

    A former Linklaters LLP partner must pay at least $25 million after failing to return an investment fund to a Saudi princess, a London judge ruled Wednesday — but the final bill could reach nearly $40 million.

  • February 21, 2024

    Temp Workers Entitled To Dismissal Reasons, ECJ Rules

    When employers fire temporary workers they must tell them why, because not doing so could prevent them from legally challenging their dismissal, The European Union's top court said Tuesday.

  • February 21, 2024

    Pitmans Can't Strike Out Negligent Pension Advice Claim

    Pitmans Solicitors, BDB Pitmans' predecessor, has failed to strike out allegations that it gave former clients negligent advice on a pension scheme, after a London court found Wednesday that it is "clearly in the interests of justice" that the case proceed against it.

  • February 21, 2024

    Distiller's Amazonian TM Fails To Swing EU Court On Appeal

    A Spanish distiller lost his bid on Wednesday to register a trademark for "Amazonian Gin Co.," when a European court ruled that the mark was too descriptive of the origins and ingredients of the product.

  • February 21, 2024

    Patent Plausibility Faces Uncertain Future At The EPO

    A landmark decision by the European Patent Office to allow evidence submitted after filing a patent application to be used to prove whether a patent is "plausible" has left many questions unanswered. Here, lawyers in the IP sector look for those answers.

  • February 21, 2024

    Revised UK Gov't Climate Plan Is Unlawful, Campaigners Say

    Three campaign groups argued at a London court on Wednesday that a revised government plan to cut back greenhouse emissions is unlawful and will violate Britain's climate obligations.

  • February 21, 2024

    Addison Lee Settles With Lead Claimants In Drivers' Claim

    Minicab giant Addison Lee has settled a long-running dispute with its drivers over their status as workers and their related employee protections such as holiday pay and minimum wage, with lawyers for the drivers hailing the settlement on Wednesday as a win for gig economy workers.

Expert Analysis

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

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    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

  • English Could Be The Future Language Of The UPC

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    While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.

  • Arbitration Remains Attractive For Digital Disputes In 2024

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    Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.

  • Key Employer Lessons From 2023 Neurodiversity Case Uptick

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    The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.

  • A Look At 2023's Landmark Insolvency Developments

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    The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.

  • Hague Judgments Treaty May Boost UK-EU Cooperation

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    The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.

  • 5 Key UK Employment Law Developments From 2023

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    Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.

  • Emerging Trends From A Busy Climate Litigation Year

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    Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.

  • Key 2024 Arbitration Trends In A Changing World

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    As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.

  • 2024 Will Be A Busy Year For Generative AI And IP Issues

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    In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.

  • Regulating Digital Platforms: What's Changing In EU And UK

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    Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.

  • Dyson Decision Highlights Post-Brexit Forum Challenges

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    The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.

  • 9 Takeaways From The UPC's First 6 Months In Session

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    Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.

  • How Boards Can Mitigate Privacy, Cybersecurity And AI Risks

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    In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

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