Commercial Litigation UK

  • May 14, 2024

    Zen Internet CEO's Dismissal Was Unfair But Certain

    Zen Internet unfairly dismissed its former chief executive after the company failed to properly investigate concerns that he was failing to turn a profit, an employment tribunal has ruled.

  • May 14, 2024

    Government Challenged Over OK'd 'Net-Zero' Power Station

    An environmental consultant is challenging the U.K. government's decision to build a gas power station with carbon capture technology, claiming the project will hinder the country's "net-zero" 2050 commitment.

  • May 14, 2024

    UniCredit Bids To Toss $69M Plane Payment Sanctions Ruling

    UniCredit urged an appeals court on Tuesday to overturn a ruling that it was not reasonable for its London branch to believe it was prohibited from making $69.3 million in payments to three Irish lessors tied to aircraft held in Russia because of Western sanctions.

  • May 14, 2024

    Interserve Whistleblower Can Add Past Warnings To Claim

    A former Interserve employee has won permission to include details of blowing the whistle at a previous employer to her whistleblowing claim against the construction company, in a reversal of a tribunal's decision that she had not been specific enough when filing the claim.

  • May 14, 2024

    $330M Romania Award Must Be Enforced, DC Circ. Says

    The D.C. Circuit on Tuesday refused to overturn a ruling enforcing a $330 million arbitral award against Romania based on a pair of decisions issued by Europe's highest court, saying a federal district judge was obligated under U.S. law to enforce the award.

  • May 14, 2024

    Rail Operator Takes Fight Against Union To UK Supreme Court

    Rail operator Nexus took its battle with its employees' union to Britain's Supreme Court on Tuesday, arguing that it should be allowed to change a pay clause in a collective bargaining agreement reached with the organization.

  • May 14, 2024

    Repository Denies Withholding Investment Data From Fund

    A securitization repository has denied "capriciously" withholding investment data from an investment fund, claiming that it never received a request for the information and did not know the fund existed.

  • May 14, 2024

    ATM Network Accuses Stripe Of Infringing 'Link' TMs

    The main ATM network in the U.K. has accused Stripe of infringing its trademarks and hijacking its reputation by providing a payments system under the "Link" name, telling a court that consumers associate this branding with the cash machine system in Britain.

  • May 14, 2024

    BBC To Pay Princess Diana's Driver Damages Over Bashir Lie

    The BBC has agreed to pay substantial compensation to Princess Diana's chauffeur after a journalist suggested that he had leaked information about her to the media to help secure a high-profile interview in 1995.

  • May 13, 2024

    Irked Autonomy Judge Vents On HP Fraud Trial's Slow Pace

    U.S. District Judge Charles Breyer on Monday blasted lawyers for the government and two former Autonomy Corp. PLC executives in a criminal fraud case over the trial's slow progress, saying he's "annoyed," but also "complicit" because he "did not take more of a controlling posture."

  • May 13, 2024

    Income Nixes Exxon's 'Final Loss' Deduction, Court Says

    Exxon's Norwegian operation cannot deduct 900 million krone ($83.2 million) from its fiscal year 2012 taxable income that it spent liquidating an Exxon subsidiary in Denmark, a European court ruled Monday.

  • May 13, 2024

    Coastguard Volunteer Wins Appeal Over Worker Status

    A coastguard volunteer's contractual relationship with a maritime rescue agency and his subsequent right to be paid meant that he held worker status before bosses cut him loose, a London appeals tribunal has ruled.

  • May 13, 2024

    Candey, Ex-Partner Face Tribunal Over Alleged AML Breach

    Candey Ltd. and a former partner breached money laundering regulations by not adequately checking the source of nearly £24 million ($30 million) of client funds earmarked for a property purchase, the Solicitors Regulation Authority told a tribunal Monday.

  • May 13, 2024

    JP Morgan Battles Viva Wallet Founder Over Buyout Value

    J.P. Morgan International Finance Ltd. urged a London judge Monday to reject a payment company's "nonsensical" case over the investment bank's option to buy out its partner's stake in a joint venture fintech business.

  • May 13, 2024

    Trinity College Librarian Loses Race Bias Claim Over Contract

    A librarian at Cambridge's Trinity College has lost her claim accusing the 478-year-old college of race discrimination after an employment tribunal found the college's contracts did not treat those who need to travel abroad to see family less favorably.

  • May 13, 2024

    Barclays Can Keep $148M Russian Swaps Dispute In London

    Barclays has secured a permanent London court order preventing sanctioned Russian state investment company VEB from taking its $147.7 million swaps dispute with the bank away from the U.K. to an arbitration court in Moscow.

  • May 13, 2024

    Clothing Co. Blames Businessman In Knockoff Garment Fight

    A London-based garment supplier has responded to accusations that it sold knockoff "Yours" and "Yours Curve" plus-size clothing, telling a London court that a businessman it dealt with was responsible for supplying allegedly infringing items.

  • May 13, 2024

    Law Firm Beats Paralegal's COVID Whistleblower Claim

    An employment tribunal has dismissed a former paralegal's claim alleging she was unfairly dismissed for raising complaints about her mentor's behavior and COVID-19 practices, finding the disclosures didn't play a part in the firm's decision to fire her.

  • May 13, 2024

    Barrister May Have 'Dozed Off' For Medical Reasons, She Says

    A barrister denied undermining the public's trust in the legal profession on Monday after she was brought before the barristers' tribunal for allegedly falling asleep during a coroner's inquest in which she was acting as counsel.

  • May 13, 2024

    EasyGroup Sues Vehicle Rental Co. Over 'EasyHire' TM

    EasyGroup has hit English car and van rental business Easihire with a trademark infringement claim, arguing that customers are likely to confuse Easihire with its own easyHire brand.

  • May 13, 2024

    CMA Can Appeal Nixed £100M Fine In NHS Drug Pricing Case

    The Competition and Markets Authority was granted permission on Monday to challenge a tribunal's ruling that overturned more than £100 million ($126 million) in fines against drug companies for fixing agreements that allegedly increased the price of hydrocortisone tablets.

  • May 13, 2024

    Biotech Biz OK To Fire CEO For Attempted Board Coup

    The sacked boss of a biotechnology startup cannot challenge the decision of his ex-employers to fire him for staging an attempted coup against the board because he had not held his post for two years before his dismissal, a tribunal has ruled.

  • May 13, 2024

    Royal Mail Beats Rival's Costs Claim, But £600M Trial Still Set

    Royal Mail has beaten a rival's claim for £2.8 million ($3.5 million) in legal costs that arose when it helped the communications watchdog uphold a £50 million fine against the postal delivery service.

  • May 13, 2024

    BetCity Says €850M Buyout Was Good Value Despite Inquiries

    The former owners of online sports betting operator BetCity admit that they breached some of the terms from Entain's €850 million ($920 million) buyout, but have argued that the gambling giant knew of the investigations and failed to seek a better deal.

  • May 13, 2024

    Kanye West's Label Settles Royalty Fight Over 'Power' Sample

    Kanye West's record label settled a royalty spat with King Crimson on Monday after the progressive rock band sued in London, claiming that it had been underpaid for a sample used by the U.S. rapper in his 2010 hit "Power."

Expert Analysis

  • BT Case May Shape UK Class Action Landscape

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    The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.

  • Key Points From EC Economic Security Screening Initiatives

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    Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • Why EU Ruling On Beneficial Ownership May Affect The UK

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    Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.

  • Opinion

    Labour Should Reconsider Its Discrimination Law Plans

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    While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • Tracing The History Of LGBTQ+ Rights In The Workplace

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    Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.

  • Ruling In FCA Case Offers Tips On Flexible Work Requests

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    In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.

  • Pension Scheme Ruling Elucidates Conversion Issues

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    In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.

  • New Fraud Prevention Offense May Not Make Much Difference

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    By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Decoding UK Case Law On Anti-Suit Injunctions

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    The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

  • EU Product Liability Reforms Represent A Major Shakeup

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    The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.

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