Commercial Litigation UK

  • May 20, 2024

    Arbitrator In $14.9B Malaysia Case Can't Nix Contempt Ruling

    Embattled arbitrator Gonzalo Stampa has lost an appeal challenging his conviction in Spain for contempt of court after he ordered Malaysia to pay $14.9 billion to the heirs of the last sultan of Sulu in an unusual, high-stakes arbitration stemming from a 19th-century land deal.

  • May 20, 2024

    Autonomy CEO Reaped $516M From HP Acquisition, Jurors Told

    Ex-Autonomy CEO Michael Lynch took home more than $516 million from the software company's $11.7 billion sale to HP, an FBI agent testified Monday as the government's last witness in a trial over allegations Lynch duped HP into overpaying to buy the company.

  • May 20, 2024

    EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row

    Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.

  • May 20, 2024

    Pharma Cos. Drop Appeal At Top Dutch Court

    The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.

  • May 20, 2024

    Barristers Blast Lack Of Data As Remote Hearings Decline

    The Bar Council on Monday reported a "significant and steep decline" in the number of remote court hearings taking place since the peak of COVID-19 and condemned the "staggering" lack of data available to assess their effectiveness.

  • May 20, 2024

    Collapsed Firm Escapes Fine For Making Unapproved Claims

    The solicitors' watchdog for England and Wales on Monday waived a £65,300 ($83,000) fine for a shuttered law firm that submitted claims without clients' approval, scrapping the penalty to safeguard the outfit's creditors.

  • May 20, 2024

    Civil Servants Lose Fight To Relaunch Age Bias Case

    A group of 20 civil servants lost its bid Monday to revive claims that a redundancy compensation scheme was unjustifiably biased against older employees, with an appeals tribunal ruling that a lower court correctly found their case to be vexatious.

  • May 20, 2024

    Rugby Players Still Can't Join Forces For Concussion Claims

    A London judge declined again on Monday to combine negligence claims brought by almost 300 former rugby players, as governing bodies for the sport argued they had only just become aware of more medical evidence about conditions allegedly caused by repeated concussions.

  • May 20, 2024

    Lessors File Russia-Stranded Planes Cases After Major Ruling

    Two aircraft lessors have filed details of claims against insurers in London for a combined total of $62.1 million over planes stranded in Russia because of the invasion of Ukraine after a landmark ruling tossed attempts to move the cases and others to Russia.

  • May 20, 2024

    SRA Can't Block £75K Costs Order For Flawed Case

    The Solicitors Regulation Authority has failed to stave off a £75,000 ($95,000) order as a London court ruled that a tribunal was right to award a solicitor costs for the watchdog's "fundamentally flawed" misconduct allegation against her.

  • May 20, 2024

    Property Manager Refused Sick Days Wins £31K

    A letting agency must pay a former employee £31,000 ($39,361) for unlawfully firing her after an employment tribunal found the chief executive refused to allow sick days and remote working for her endometriosis.

  • May 20, 2024

    Tribunal OK To Halt Sea Captain's Case Ahead Of Court Ruling

    A tribunal did not misstep by pausing a ship captain's claim against his ex-employer while awaiting a ruling from a court on his ability to bring the case in England, an appeals judge has ruled.

  • May 20, 2024

    Judge Approves Bankruptcy Order On Ex-Axiom Ince Chief

    A judge approved on Monday a bankruptcy order against the former head of Axiom Ince Ltd. after the now-collapsed law firm failed to pay monthly installments for its acquisition of Ince.

  • May 20, 2024

    Crypto 'Inventor' Used Court As Vehicle For Fraud, Judge Says

    A London court ruled Monday that the man who claimed to be Satoshi Nakamoto in a weekslong trial lied extensively and committed forgery "on a grand scale," finding that the computer scientist had used the courts as a "vehicle for fraud."

  • May 17, 2024

    Fla. Investor Says Mining Co. Froze His Shares In Costly Error

    An investor and former employee of a Canadian mining company alleged breach of fiduciary duty and negligence against the business, saying in a lawsuit in Florida federal court that he was wrongfully prevented from selling his shares and lost money when the stock price dropped following an unfavorable arbitration ruling.

  • May 17, 2024

    Imprisoned Oligarch Partly Wins Bid To Expand $14B Claim

    An imprisoned Russian billionaire partly succeeded in a London court Friday in adding new allegations to his $13.8 billion claim alleging his business empire was fraudulently taken in a wide-ranging Russian state conspiracy.

  • May 17, 2024

    Law Firm Beats Temp Receptionist's Discrimination Claims

    A law firm in southern England fended off several disability discrimination and harassment claims from a temporary receptionist, after an employment tribunal ruled she wasn't legally disabled.

  • May 17, 2024

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

    This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.

  • May 17, 2024

    Red Bull Fends Off 'Gives You Wings' TM Challenge

    Red Bull has beaten a challenge to its "Gives You Wings" trademark after the energy drink giant convinced an appellate panel at the European Union Intellectual Property Office that it had genuinely used the trademark to promote the beverage.

  • May 17, 2024

    Unite, GMB Unions Lose Pay Claim Against Housing Co.

    More than 100 trade union members at a housing association have lost their employment tribunal claim accusing their employer of ducking out of pay negotiations after the tribunal found the charity did not intend to "narrow" the negotiations.

  • May 17, 2024

    Sports Direct Loses Newcastle Replica Kit Injunction Bid

    Sports Direct has failed to force Newcastle United to stock its stores with replica kits of the Premier League football club, as an appeals court found Friday that the damage caused by a wrongly granted injunction would be "more fundamental" to the club.

  • May 17, 2024

    Risk For Employers As Bar For Protected Belief Claims Shifts

    Employees face a low bar to gaining legal protection for objectionable views, as lawyers say it has become almost impossible for employers to distinguish philosophical beliefs akin to religion from politicized public debates.

  • May 17, 2024

    Sanctions Ruling Clarifies Force Majeure Contractual Rights

    A decision by Britain's highest court that a shipowner could reject a client's attempt to sidestep payment restrictions imposed by U.S. sanctions has implications for disputes over force majeure clauses sparked by the effects of those measures, the war in Ukraine and the COVID pandemic on supply chains.

  • May 17, 2024

    Exec Was Fired Because His Wife Had Cancer, Tribunal Rules

    The head of sales for a Hong Kong software company has won more than £90,000 ($114,000) after he was fired because his wife had terminal breast cancer.

  • May 17, 2024

    Disabled NHS Therapist Loses Forced Resignation Claim

    A therapist has lost all her claims against an NHS trust after an employment tribunal ruled that her bosses had done their best to accommodate her disabilities during the COVID-19 pandemic.

Expert Analysis

  • 9 Hallmarks Of The New German Class Action Regime

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    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

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    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

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    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

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    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'

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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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.

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