Commercial Litigation UK

  • February 14, 2024

    Insurers Must Pay Out On Third-Party Hire Car Losses

    Insurers must cover rental income lost by car hire firms when their vehicles are involved in accidents, the U.K.'s highest court ruled on Wednesday in a case that is likely to add major costs for the insurance industry.

  • February 13, 2024

    EU Says Apple IMessage, Microsoft Bing Not Gatekeepers

    European enforcers have found that Apple's iMessage and several Microsoft services do not qualify for "gatekeeper" designations under the Digital Markets Act, but the companies nevertheless must abide by new rules giving users more choice and freedom with other products.

  • February 13, 2024

    Getty Case Poised To Test UK Copyright Law's Take On AI

    Getty Images' copyright claim against Stable Diffusion is poised to offer guidance on how U.K. law views the development of generative artificial intelligence models, as debates over whether the data these models are trained on infringes copyright echo across international courts.

  • February 13, 2024

    Analyst Must Pay £20K For False Claim Against Commerzbank

    A former Commerzbank AG compliance analyst must pay £20,000 ($25,000) in costs for his false claims of sexual harassment and discrimination in the workplace, after a London appeals tribunal found nothing wrong with the order.

  • 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.

Expert Analysis

  • A Case For The Green Investment Regime Under The ECT

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    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

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    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

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    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

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    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.

  • Retained EU Law Act Puts Employment Rights Into Question

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    The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.

  • In Balancing Commerce And Privacy Interests, Consent Is Key

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    Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Recent Trends In European ESG-Related Shareholder Activism

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    New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.

  • Employer Due Diligence Lessons From Share Scheme Case

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    The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

  • Construction Ruling Clarifies Key Payment Mechanism Issue

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    The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.

  • Key Findings From Law Commission Review Of Arbitration Act

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    The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.

  • Bitcoin Case Highlights Advanced Age Of UK's IP Law

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    An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.

  • Accountability Is Key To Preventing Miscarriages Of Justice

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    The wrongful conviction of Andrew Malkinson and other recent cases show that in order to avoid future miscarriages of justice, there needs to be a fundamental reevaluation of how investigators, prosecutors and the Criminal Cases Review Commission operate, prioritizing stronger penalties and increased funding, say Thomas Walford at Expert Evidence International and policy analyst Gerald Frost.

  • UN Code Likely To Promote Good Arbitration Practices

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    The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.

  • 6 Key Factors For Successful Cross-Border Dispute Mediation

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    The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.

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