Commercial Litigation UK

  • February 13, 2024

    Insurance Broker Escapes £2.6M Claim From Foundry Client

    A London judge has dismissed an investment advisory firm's bid to collect £2.6 million ($3.2 million) from its insurance broker for problems that allegedly nullified the foundry's coverage for an industrial site.

  • February 13, 2024

    Hitachi Can't Blow The Fuse On Chinese Biz's Circuit Patent

    A Chinese company has fought off a patent challenge from Hitachi Energy, with European intellectual property officials finding that its Japanese rival had failed to prove that earlier examiners erred when they ruled that a current-limiting patent was new.

  • February 13, 2024

    UK Supreme Court Appeal Fee To Rise 40% Under MoJ Plans

    The Ministry of Justice has said it wants to hike application fees for civil appeals to the Supreme Court by nearly 40% from £1,000 ($1,260) to £1,390 to raise funds for the U.K.'s top court.

  • February 13, 2024

    Stoma Bag Maker Fights Rival's Patent Infringement Claims

    A stoma bag maker has challenged a rival's patent infringement claims, arguing that its products help to avoid noticeable bulging under the skin through a feature that differs from what is claimed in the patent. 

  • February 13, 2024

    Ex-Tech CEO Wins £96K For Bullying, Payroll Whistleblowing

    The former chief executive of a technology startup has won more than £96,000 ($120,000) from an employment tribunal that found she was forced out of the company after blowing the whistle on bullying by directors and investors being lied to.

  • February 13, 2024

    EUIPO Sets Aside Examiner's 'Illogical' Gambling TM Decision

    A gambling technology company has won a second chance to register the trademark "Fortune Jackpots" after European officials set aside an earlier decision rejecting the mark because it was based on "incomplete, inconsistent and insufficient" reasoning.

  • February 13, 2024

    The Body Shop Appoints Administrators After PE Buyout

    The Body Shop on Tuesday appointed administrators to restructure its business, just months after the British cruelty-free cosmetics and skin care brand was bought out by European private equity firm Aurelius Group for £207 million ($261 million).

  • February 13, 2024

    3M Unit Wins Wound Tech Patent After Physics Feud At EPO

    A subsidiary of 3M can register a patent for its wound-healing technology after proving that the European Patent Office confused the meaning of "wave frequency," an appeals panel has ruled.

  • February 13, 2024

    Morgan Stanley Must Fix Evidence Failures Before $995M Trial

    A London court concluded on Tuesday that Morgan Stanley had failed to properly disclose evidence before a trial over accusations that it had unfairly issued Frasers Group PLC with a $995 million margin call on Hugo Boss stock options.

  • February 12, 2024

    ByteDance Can't Pause TikTok's EU 'Gatekeeper' Designation

    A European court has rejected a bid by TikTok's parent company ByteDance to pause the video-sharing service's designation as a "gatekeeper" ahead of a March deadline to comply with new obligations under the Digital Markets Act to provide users more choice.

  • February 12, 2024

    Shell Must Face Nigerian Oil Spill Cleanup Claim

    A London court on Monday rejected Shell's bid to strike out a claim brought by a rural Nigerian community demanding the oil giant finish a cleanup following two massive spills that they said devastated the environment.

  • February 12, 2024

    University To Pay £447K For Racial Discrimination Of Lecturer

    A senior lecturer at the University of Portsmouth has been awarded at least £447,000 ($565,000) after the university racially discriminated against her several times, "shattering" her life-view that she could succeed if she worked hard.

  • February 12, 2024

    Sandoz Says Xarelto Dosing Info Was Public Before Patenting

    Counsel for Sandoz told a London court Monday that patent protections underpinning Xarelto, Bayer's best-selling drug, are obvious, claiming that the German pharmaceutical giant published data on the dosing regimen for the key ingredient to prevent and treat blood clots before it filed the patent. 

  • February 12, 2024

    British Law Firms Become Major Players In EU IP Court

    Britain has pulled out of Europe's new patent litigation system, but U.K. law firms have not stood on the sidelines. The country's intellectual property experts have been major players in the court, setting up shop in Dublin and teaming up with patent attorneys.

  • February 12, 2024

    Nuclear Consultancy Sued For £445K Over Pension Payouts

    Two former employees at a nuclear consultancy have sued the company for a total of £445,000 ($562,000) over their redundancy pension payouts, alleging that the business failed to honor their long-standing benefits from earlier employers after their contracts changed hands.

  • February 12, 2024

    Priest Employed By Charity Not Greek Church, Tribunal Says

    A Greek Orthodox priest was employed by a local community charity of the church in England when he was on secondment from the Church of Greece, an employment tribunal has found, teeing up the unfair dismissal dispute to head straight to a remedy hearing.

  • February 12, 2024

    Ex-CEO Of Aerospace Biz Denies Sinking £36M Chinese Sale

    The former chief executive of British aerospace manufacturer Gardner has denied that he tried to tank a £36 million ($45 million) sale to a Chinese company, arguing that he acted reasonably and honestly when he dealt with the company's dire financial state and national security concerns.

  • February 12, 2024

    Autonomy Founder Must Pay $4B Over Sale Fraud, HP Says

    Hewlett Packard asked a London court on Monday to order the founder of Autonomy and his chief financial officer to pay more than $4 billion in damages after they fraudulently inflated their technology firm's value before its $11 billion sale.

  • February 09, 2024

    Gateley Hires Nigerian Lawyer To Lead Arbitration In Africa

    Gateley Legal's international arbitration team has announced its engagement of a Nigerian qualified disputes lawyer to lead its African practice, saying she will focus on supporting the expansion of the firm's disputes services across multiple jurisdictions.

  • February 09, 2024

    No Reinstatement For Lawyer Struck Off Over Drink Scam

    The Solicitors Disciplinary Tribunal refused on Friday to reinstate a lawyer who was struck off after being imprisoned for helping to bribe witnesses in a fake Duracell energy drink fraud trial, concluding that his "significant character reformation" was not enough.

  • February 09, 2024

    Insurer Liable For Exploiting Business Before Merger

    A motor industry insurer exploited an opportunity to provide warranties to a car dealership at the expense of the warranty provider that made the introduction during ill-fated merger talks, a London court ruled Friday.

  • February 09, 2024

    Green Party Allowed To Sack Spokesperson Over Trans Views

    A London court ruled Friday that the Green Party was allowed to oust a former spokesperson over his expressed beliefs on trans rights because it is a political organization, despite having broken procedural rules when it sacked him.

  • February 09, 2024

    Lack Of English Use By German Co. Might Be Bias, EAT Rules

    An ex-employee of a payment provider has revived his case after an appellate panel ruled that a previous judge should not have struck out allegations that the German company's failure to hold meetings in English amounted to racial discrimination.

  • February 09, 2024

    Sandoz Patent For IBS-Treating Antibiotic Fails On Appeal

    Sandoz AG has lost its bid to patent a new method for preparing rifaximin, after European patent officers ruled that the tweaked treatment for traveler's diarrhea and other gastrointestinal conditions was obvious.

  • February 09, 2024

    Court Says 'Catastrophe' Applies In COVID Reinsurance Cases

    A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.

Expert Analysis

  • 9 Hallmarks Of The New German Class Action Regime

    Author Photo

    By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.

  • Protecting The Arbitral Process In Russia-Related Disputes

    Author Photo

    Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.

  • Examining US And Europe Patent Disclosure For AI Inventions

    Author Photo

    As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.

  • Incontinence Drug Ruling Offers Key Patent Drafting Lessons

    Author Photo

    In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.

  • RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'

    Author Photo

    A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.

  • Putin Ruling May Have Unintended Sanctions Consequences

    Author Photo

    By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.

  • EPO Decision Significantly Relaxes Patent Priority Approach

    Author Photo

    In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.

  • Landmark EU Climate Case May Shape Future Disputes

    Author Photo

    The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • Bias Claim Highlights Need For Menopause Support Policies

    Author Photo

    The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.

  • UK Case Offers Lessons On Hiring Accommodations

    Author Photo

    The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.

  • Shifting From Technical To Clear Insurance Contract Wordings

    Author Photo

    Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.

  • A Case For The Green Investment Regime Under The ECT

    Author Photo

    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • How Employers Can Support Neurodiversity In The Workplace

    Author Photo

    A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.

  • What's In The Plan To Boost Germany's Commercial Litigation

    Author Photo

    Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.

  • What To Consider When Making Brand Sustainability Claims

    Author Photo

    A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Litigation UK archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!