Commercial Litigation UK

  • February 19, 2024

    Oatly Loses Fight To Block 'Oat My Gosh' Milk TM

    Swedish oat drink company Oatly has lost its fight to nix an "Oat My Gosh" trademark after a European intellectual property authority concluded that consumers were unlikely to confuse the two brands.

  • February 19, 2024

    Barrister Hit With 18-Month Ban For Mishandling Client Funds

    A barrister has been handed an 18-month ban for mishandling a direct access client's money and lying to legal complaints investigators about his ability to repay the funds, a London tribunal said Monday.

  • February 19, 2024

    Sex Offense Suspect Can't Get Evidence From BBC

    An anonymous, internationally known figure under investigation for alleged serious sexual offenses cannot use a witness statement from the BBC to persuade prosecutors not to charge him, a London court ruled on Monday.

  • February 19, 2024

    UK Launches Crackdown On 'Fire And Rehire' Tactics

    Employers could face sanctions for firing staff and rehiring them on worse contracts under new rules that will strictly police the practice, the U.K. government said Monday.

  • February 19, 2024

    Brainlab Patent Appeal Fails For Surgery Planning Image Tool

    Brainlab AG has failed to patent an imaging system for anatomical structures that shows soft and hard tissue, as European patent officials ruled that the device lacked any inventive step.

  • February 19, 2024

    Lawyers For LC&F Chief Quit 'Ponzi Scheme' Trial Over Pay

    Lawyers representing a former chief at London Capital & Finance walked out on the first day of a trial at a London court over the £237 million ($298 million) investment scandal, saying that one of the directors of the alleged Ponzi scheme was unable to pay him. 

  • February 19, 2024

    AmTrust Hikes Counterclaim To £14M In Legal-Funding Fight

    Insurer AmTrust has boosted its counterclaim against Novitas to £14.4 million ($18.1 million), alleging it paid out to the legal loans company under after-the-event litigation policies that were unenforceable and did not comply with regulations.

  • February 19, 2024

    Ex-M&C Saatchi Finance Manager Loses Home-Working Claim

    A tribunal has rejected a claim by a former M&C Saatchi finance manager that the advertising agency forced her to quit by asking her to return to the office, ruling that the company's demand should not have destroyed their relationship.

  • February 19, 2024

    Ex-Autonomy Boss Wants SFO Docs To Sink DOJ Fraud Case

    Mike Lynch wants the Serious Fraud Office to turn over information it holds on him over concerns that U.S. authorities sought international assistance to avoid running out of time to charge him for fraud, according to particulars of the extradited entrepreneur's legal claim against the U.K. agency.

  • February 19, 2024

    FCA Secures Bankruptcy Order Against Pension Promoters

    The Financial Conduct Authority has said it has secured bankruptcy orders against a pair of pensions promoters in a move to cover a £10.7 million ($13.5 million) restitution order for creditors.

  • February 16, 2024

    Fox Williams Fights To Nix £30M Game Show Negligence Case

    Fox Williams LLP urged a London court Friday to strike out a media company's allegations that the firm botched its game show copyright claim and caused it to lose out on at least £30 million ($37.4 million).

  • February 16, 2024

    Philip Morris Revives Tobacco Heating Patent On Appeal

    Philip Morris saved its e-cigarette patent from going up in smoke after a European appellate board rejected a British American Tobacco unit's challenge, the latest chapter in the tobacco giants' court battles over the technology.

  • February 16, 2024

    Ambulance Manager Fairly Fired For Personal Use Of Pool Car

    A duty manager at an NHS ambulance control center has lost his unfair dismissal claim, with a tribunal ruling that his bosses had every right to fire him after he had a colleague pick up his family from the airport in a company vehicle.

  • February 16, 2024

    Insurers Reject WRBC Corp.'s $90M COVID-19 Losses Claim

    A group of underwriters and insurance companies have denied they owe at least $90 million claimed by a Lloyd's of London syndicate to cover COVID-19 losses, arguing they have met their obligations, having already paid out around $26.6 million.

  • February 16, 2024

    Uber Ruling Still Reverberates For Gig Economy 3 Years On

    As the U.K. marks the third anniversary of the Supreme Court decision to grant workers' rights to Uber drivers, experts tell Law360 that the ruling has reverberated through the gig economy and that legislative changes are likely.

  • February 16, 2024

    Law Firm Loses Over Solicitor's Pension On Maternity Leave

    A London-based commercial law firm discriminated against an associate solicitor because she was on maternity leave and forced her to resign by making baseless criticisms about her performance, a tribunal has ruled.

  • February 16, 2024

    6 Questions For Quinn Emanuel's David Lancaster

    Quinn Emanuel Urquhart & Sullivan LLP's London IP chief David Lancaster talks to Law360 here about the challenges posed by the new Unified Patent Court and the U.K.’s role in European IP litigation after Brexit.

  • February 16, 2024

    Rusal Drags Abramovich Into Potanin Mining Dispute

    Aluminum giant Rusal has successfully dragged Roman Abramovich into its legal action against another oligarch over alleged breaches of an agreement setting out the governance of a Russian mining company, with a London judge ruling Friday that the claims should be heard together.

  • February 16, 2024

    Social Club Unfairly Fired Steward, But Age Not A Factor

    A social club unfairly sacked a steward by making her redundant without offering her any redeployment opportunities while retaining one of her colleagues — even though the difference in treatment was not linked to age, a tribunal has ruled.

  • February 16, 2024

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

    This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.

  • February 16, 2024

    French Software Biz Granted Opposition In TM Dispute

    Bodet Software has partially won its bid to challenge a trademark owned by SMS Evoko Group over conference phones and tablet stands, with the Intellectual Property Office saying the logos of the two companies are similar enough to cause confusion.

  • February 16, 2024

    Chinese Co. Can't Protect 'Ambiguous' Video Tech Patent

    A Chinese surveillance tech manufacturer can't register its "hybrid video encoding" patent because it failed to explain clearly how the product works, the European Patent Office has ruled.

  • February 15, 2024

    Anti-Doping Agency Sends Nigeria, Venezuela To Arbitration

    The World Anti-Doping Agency has asked the Court of Arbitration for Sport to arbitrate accusations that Nigeria and Venezuela's anti-doping agencies are not complying with the agency's rules, saying the two nations have lost their privileges in global sporting events for the time being.

  • February 15, 2024

    Facebook Users Win Class Status For £2.3B Data Claim

    One year after sending a £2.3 billion ($2.9 billion) proposed class action against Meta Platforms Inc. back to the drawing board, the U.K. Competition Appeal Tribunal has agreed to certify a 44 million-strong class of U.K. consumers who say that the social media titan exploited their data.

  • February 15, 2024

    Newron Can't Get Parkinson's Drug Patent Widened On Appeal

    Newron Pharmaceuticals can't get additional patent protections for its Parkinson's treatment Xadago, the Court of Appeal ruled Thursday, rejecting Newron's assertion that judges failed to properly distinguish between the formula and the usage of its product.

Expert Analysis

  • IP Ruling Could Pave Way For AI Patents In UK

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    If implemented by the U.K. Intellectual Property Office, the High Court's recent ruling in Emotional Perception AI v. Comptroller-General of Patents, holding that artificial neural networks can be patented, could be a first step to welcoming AI patents in the U.K., say Arnie Francis and Alexandra Brodie at Gowling.

  • UK Review May Lead To Lower Investment Screening Burden

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    The government’s current review of national security investment screening rules aims to refine the scope of mandatory notifications required for unproblematic deals, and is likely to result in much-needed modifications to minimize the administrative burden on businesses and investors, say lawyers at Simpson Thacher.

  • What Prince Harry Privacy Case May Mean For Media Ethics

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    An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.

  • How European Authorities Are Foiling Anti-Competitive Hiring

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    Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.

  • When Can Bonuses Be Clawed Back?

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    The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.

  • The State Of UK Litigation Funding After Therium Ruling

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    The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.

  • Trial By AI Could Be Closer Than You Think

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    In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.

  • Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds

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    With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • How The Netherlands Became A Hub For EU Class Actions

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    As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.

  • Navigating The Novel Challenges Facing The Legal Profession

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    The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.

  • New Fixed Costs Rules May Have Unforeseen Consequences

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    The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.

  • A Look At Enforcing And Contesting Arbitral Awards In Qatar

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    As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Oil And Gas Case Highlights Judicial Review Climate Trends

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    Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.

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