Commercial Litigation UK

  • May 23, 2024

    Ex-Post Office Boss Told Reviewing Cases Would Be Bad PR

    Former Post Office boss Paula Vennells denied that avoiding becoming "front page news" influenced her decision to limit a review of past convictions based on faulty IT data in her evidence to the inquiry into the Post Office scandal on Thursday.

  • May 23, 2024

    Marketer Denies Owing Investors For Flawed Property Scheme

    An investment marketer has denied owing care home investors £2.3 million ($2.9 million) after they sank money into a flawed property scheme, claiming it never said the investments were safe.

  • May 23, 2024

    InterDigital Fights To Duck Tesla FRAND Case

    InterDigital and tech licensor Avanci LLC fought in a hearing Thursday to throw out Tesla's claim that they have failed to offer fair licensing terms for 5G patents for use in its cars, arguing that the automaker doesn't have valid claims against them.

  • May 23, 2024

    Royal Mail Delivery Driver Loses Case Over 'Jokey' Threat

    Royal Mail cannot be faulted for firing a delivery driver who threatened to blow up a colleague's car in a WhatsApp message if the colleague didn't join the picket line, an employment tribunal has ruled.

  • May 23, 2024

    Lenovo Loses Bid For 'Sword Of Damocles' Injunction

    A London judge has dismissed Lenovo's bid to hit Ericsson with an interim injunction to stop it infringing an essential patent for 5G technology, claiming on Thursday that the injunction was merely a "Sword of Damocles" to discourage the Swedish company from enforcing international injunctions.

  • May 23, 2024

    Trader Denies Using 'Magic Money Tree' At £1.4B Fraud Trial

    Sanjay Shah, a former hedge fund owner who is accused of defrauding Denmark's tax authority out of £1.4 billion ($1.8 billion), denied using a "magic money tree" in his trading at a London court Thursday.

  • May 23, 2024

    Struck-Off Lawyer Loses Bid To Challenge Contempt Sentence

    A struck-off solicitor lost her attempt on Thursday to get a second shot at reviving her appeal against a prison sentence for contempt of court as the appeals court found that she had failed to argue that she had been medically unfit to argue at her first appeal.

  • May 23, 2024

    Bank Sues Adviser For £9M In Property Overvaluation Dispute

    A U.K. bank has alleged a retail adviser owes it £9.2 million ($11.7 million) for overvaluing a property development and causing it to lend millions of pounds more than it should have.

  • May 22, 2024

    Int'l Tribunal Says Countries Must Do More To Protect Oceans

    In a historic unanimous ruling, an international tribunal has concluded that greenhouse gas emissions are polluting the oceans and that nations have an obligation under international law to "take all necessary measures" to prevent, reduce and control these emissions.

  • May 22, 2024

    Staffer's Pre-Prepared Resignation Letter Not Discriminatory

    A designer has lost her discrimination claim against an investment company after failing to prove that her bosses mistreated her — including by asking her to sign a pre-prepared resignation letter — because she is a Chinese woman.

  • May 22, 2024

    Property Transfer For Tax Break Not Dishonest, UK Court Says

    Two liquidated London real estate companies failed to convince the United Kingdom Court of Appeal that their former director behaved dishonestly by transferring their holdings to Jersey trusts for less than market value to obtain a tax advantage, according to a judgment released Wednesday.

  • May 22, 2024

    Mishcon's Int'l Arbitration Head Leaves For Littleton Chambers

    Littleton Chambers said Tuesday that Mishcon de Reya LLP's head of international arbitration is set to join as silk, as the law firm names his successor to lead the firm's practice.

  • May 22, 2024

    HSBC Can't Use Brexit To End UK Role In EU Body, Staff Say

    High street lender HSBC is obligated to keep the U.K. arm of its European works council despite Brexit, the representative body for European staff argued Wednesday as it challenged a ruling that the bank could exclude the U.K. once it left the European Economic Area.

  • May 22, 2024

    Ex-Goldman Banker Gets Contempt Sentence Suspended

    A London appellate court on Wednesday chose "the road of mercy rather than justice" and suspended a prison sentence for a former Goldman Sachs banker who breached court orders to hand over information concerning the financial assets of the wife of an imprisoned Turkish politician.

  • May 22, 2024

    Judge Likens Lenovo Injunction Bid To A 'Hostage Situation'

    A London judge on Wednesday likened Lenovo's bid for an interim injunction to bar Ericsson from infringing a patent it deems essential to telecommunications standards to a "hostage situation," amid a worldwide battle between the two electronics giants

  • May 22, 2024

    Hilco Exec Wins £296K After Being Sacked For Whistleblowing

    A tribunal has awarded a former Hilco Capital Ltd. HR director almost £296,000 ($377,000) in compensation after she was unfairly sacked for blowing the whistle over alleged banking irregularities.

  • May 22, 2024

    Insurers Lose Appeal Over $15M Hanjin Shipping Settlement

    Insurers should not be entitled to recover a portion of recoveries for uninsured losses, a London appeals court ruled Wednesday, in a dispute over a $15 million settlement following the collapse of Hanjin Shipping.

  • May 22, 2024

    UK Gov't Calls Elections For July 4 Despite Poor Polls

    Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.

  • May 22, 2024

    Ex-Post Office Boss Didn't Know Business Prosecuted People

    Former Post Office boss Paula Vennells denied on Wednesday that she knew the organization conducted its own prosecutions, telling the inquiry into its wrongful prosecution of innocent sub-postmasters she became aware of the power to prosecute only several years after she joined.

  • May 22, 2024

    UK Music Publisher Sues Distributor To Exit Licensing Deal

    A classical music publisher has accused sheet music distributor Hal Leonard of failing to use a "reasonable effort" to drive up sales and generate royalties by not making digital versions available and delaying the publication of its composers' works.

  • May 22, 2024

    Home Secretary Fights Disability Case For Injured Officers

    Two police forces argued at the Court of Appeal on Wednesday that injured officers should not be able to take their disability claims to the employment tribunals, claiming that benefits for injured police are not pensions and are therefore an employment matter.

  • May 22, 2024

    HSBC Rejects Ex-Football Pro's £2M Loan Dispute

    HSBC has denied losing former professional footballer Matthew Jansen almost £2 million ($2.5 million) by allegedly failing to monitor the risk of loans secured against properties during the 2008 financial crisis, claiming the sportsman could have kept track himself.

  • May 22, 2024

    Aspiring Judge Can't Reopen Race Bias Case

    An Asian-British solicitor has failed to persuade an employment tribunal to reconsider his race discrimination claims against a High Court judge who dismissed his application because he filed his request too late.

  • May 21, 2024

    Russian Litigants Abandon UK Courts As Sanctions Bite

    The number of Russian litigants using London's commercial courts has collapsed in the past year amid tightening sanctions on individuals and businesses tied to the Kremlin over the war in Ukraine, a report published Wednesday said.

  • May 21, 2024

    Slovenian Fishermen's Maritime Border Cases Get Tossed

    A European court has denied three Slovenian fishermen's cases against Croatia over their ability to fish in disputed Adriatic Sea waters, finding that it doesn't have the jurisdiction to rule on the validity of a 2017 arbitration award setting out the maritime boundary between the two countries.

Expert Analysis

  • Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection

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    Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • UK Arbitration Ruling Offers Tips On Quelling Bias Concerns

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    An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • UK Courts Continue To Struggle With Crypto-Asset Cases

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    Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.

  • Why Computer Evidence Is Not Always Reliable In Court

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    Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.

  • Employer Lessons From Ruling On Prof's Anti-Zionist Views

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    In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Unpacking The Law Commission's Digital Assets Consultation

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    The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.

  • 1st Appellate Ruling On Digital Terms Sets Tone For Disputes

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    The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • How Employers Should Respond To Flexible Work Requests

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    U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

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