Commercial Litigation UK

  • May 09, 2024

    University Not Liable For Staffer's Remark At Social Event

    A former university member of staff cannot hold her old employers liable for a colleague's warning at a social gathering over her legal claims against the institution because he was not acting in the course of his employment, a tribunal has ruled.

  • May 08, 2024

    Ex-Student Union Leader Settles Anti-Zionist Beliefs Claim

    The former president of the National Union of Students, who was ousted over allegations of antisemitism, has settled her discrimination claim with the organization, her lawyers said.

  • May 08, 2024

    EGC Won't Annul EU Decision To Toss Spanish Tax Scheme

    The European General Court will not annul a European Commission decision that a Spanish tax scheme for vessels built in its domestic shipyards must be abandoned because it was incompatible with the European Union's internal market, according to a judgment released Wednesday.

  • May 08, 2024

    Appeal Court Wrongly Allowed Challenge To $5M Cargo Award

    Britain's top court ruled on Wednesday an appellate court was wrong to allow an agriculture distributor to challenge two arbitral awards totaling just over $5 million arising out of a botched sale of pulse cargoes, finding the appeal should not have been granted on the basis of a notional new contract.

  • May 08, 2024

    Marsh Can't Duck Chemical Co.'s Negligence Claim

    A London court on Wednesday refused Marsh's bid to strike out a global chemicals group's claim alleging the insurance broker negligently arranged faulty motor insurance cover.

  • May 15, 2024

    Squire Patton Hires Partner Trio As UK Expansion Continues

    Squire Patton Boggs LLP said Wednesday that it has hired three partners in Birmingham and London in a move to boost its offerings in litigation; leveraged finance; and environmental, social and governance.

  • May 08, 2024

    StanChart Bids To Toss Investors' Sanctions Claim On Appeal

    Standard Chartered PLC urged an appeals court Wednesday to toss accusations from investors that it had downplayed the extent to which it had breached U.S. sanctions against Iran by hundreds of billions of dollars, saying they have insufficient evidence to support them.

  • May 08, 2024

    Puma Can't Trip Up Rival Shoe Designs IP

    Puma failed Wednesday to convince a European court that two rivals' sneaker designs had soles that were too similar to its own to gain design protections after the court concluded that it had to consider the shoes as a whole.

  • May 08, 2024

    Daimler Loses Bid For 'Certified' Trademark At EU Court

    Auto giant Daimler lost its bid on Wednesday for trademark registration over a logo bearing the word "certified" as a European Union court found that the word had no distinctive meaning in connection with trucks.

  • May 08, 2024

    Solicitor Struck Off For Asking Client For Sexual Images

    A tribunal struck off a solicitor on Wednesday after concluding that he dishonestly persuaded a vulnerable client to send him sexually explicit images by falsely claiming he needed them to prevent her ex-husband from posting them as revenge porn.

  • May 08, 2024

    Dr. Martens Accuses Temu Of Google Search TM Use

    Dr. Martens has accused Chinese ultra-fast fashion giant Temu of paying Google to show its knockoffs of the British shoemaker's famous black boots in the search results of online shoppers.

  • May 08, 2024

    Reed Smith's $13M Ask May Breach Sanctions, Barclays Says

    Barclays has told a London court that it rightfully refused to transfer approximately $13 million back to a sanctioned shipping company at Reed Smith LLP's request after a collapsed tanker deal, arguing that it declined so it could avoid violating sanctions.

  • May 08, 2024

    Car Charging Supplier Claims Morrisons Ditched It For Rival

    Supermarket giant Morrisons allegedly ditched an electric vehicle charging supplier for a competitor without giving any warning that the chain had lost faith in the provider's technology years before, according to a London court claim.

  • May 08, 2024

    Advertisers Fight For Class Action In Google Antitrust Case

    A group of advertisers fought for a green light for their class action against Google owner Alphabet on Wednesday, arguing that their case meets the requirements for a class proceedings order because there are serious issues of abuse of market dominance to be tried.

  • May 08, 2024

    Litigation Funder Probably Owned By Sanctioned Oligarchs

    A court has found that there is "reasonable cause" to suspect that a litigation-funder that backs a $1.34 billion fraud claim from a collapsed Russian bank against its former owner is controlled by individuals sanctioned in the U.K.

  • May 08, 2024

    South Africa Immune To Sunken WWII Silver Salvage Claim

    Britain's highest court ruled Wednesday that South Africa has sovereign immunity against a salvage repayment claim from a company that recovered around $43 million worth of silver bullion from a cargo ship sunk during the Second World War.

  • May 07, 2024

    Climate Cases Haven't Hurt Oil, Gas Credit Quality, S&P Says

    Climate change litigation has skyrocketed over the past 10 years, increasing climate litigation risk, but the credit quality of the oil and gas sector has remained unaffected, S&P Global Ratings concluded in a report published Tuesday.

  • May 07, 2024

    Uniper Looks To Nix Russian Court's Anti-Arbitration Order

    German energy company Uniper has appealed a Russian court ruling threatening a multibillion euro fine if it continues to pursue an arbitration claim in Sweden that accuses the Russian company Gazprom of reneging on a contract to deliver gas, the company said Tuesday.

  • May 07, 2024

    Lawmakers Told To Fix 'Abusive' County Court System

    Ongoing delays in the county courts are "abusive" to vulnerable litigants who are forced to abandon their cases amid a lack of resources, a London academic told a parliamentary committee Tuesday.

  • May 07, 2024

    Solicitor Faces Tribunal Over Asking Client For Sexual Images

    A solicitor is facing a disciplinary tribunal over allegations that he duped a vulnerable client into sending him sexually explicit images of herself by claiming he needed them to prevent her ex-husband from posting them as revenge porn.

  • May 07, 2024

    Black Teacher Fired For Covering Up CCTV Of Fight

    A teacher lost his race discrimination claims against his former employer, after a tribunal ruled that his bosses' decision to fire him was due purely to his conduct and the fact he covered up a CCTV camera during a classroom fight.

  • May 07, 2024

    Moderna Says Pledge Didn't Waive COVID Vaccine Patent Rights

    Moderna and Pfizer questioned expert witnesses on U.S. federal law on Tuesday in their London court battle over whether Moderna is bound by its pledge not to enforce its COVID-19 vaccine patent rights against those making vaccines to combat the virus during the pandemic.

  • May 07, 2024

    Businessman Asks Top Court To Block £19M UAE Debt Claim

    A businessman's family took its fight with a UAE bank to Britain's highest court Tuesday over an alleged £19 million ($24 million) debt, arguing that the lender should not be allowed to collect on debts he says are illegitimate and a result of fraud.

  • May 07, 2024

    Iceland Supermarket Hit With Kebab Co.'s TM Claim

    A kebab meat supplier has accused frozen food supermarket Iceland of using the trademark for its logo on several of its food items, even after the company stopped supplying the shop with its own products.

  • May 07, 2024

    Spacey To Face UK Civil Trial Over Sex Assault Claim

    Kevin Spacey successfully bid to overturn a default judgment against him at a London court on Tuesday — but the actor now faces a trial to fight off a man's £457,000 ($574,000) sexual assault claim.

Expert Analysis

  • 9 Takeaways From The UPC's First 6 Months In Session

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    Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.

  • How Boards Can Mitigate Privacy, Cybersecurity And AI Risks

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    In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • The Outlook For UK Restructuring Plans At Home And Abroad

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    The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.

  • Foreign Assets Ruling Suggests New Tax Avoidance Approach

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    The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.

  • Class Action-Style Claims Are On The Horizon In 2024

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    Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.

  • Cos. Must Monitor Sanctions Regime As Law Remains Unclear

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    While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.

  • The Top 7 Global ESG Litigation Trends In 2023

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    To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.

  • Proposed Amendment Would Transform UK Collective Actions

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    If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.

  • EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'

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    The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.

  • Employment Law Changes May Increase Litigation In 2024

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    As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.

  • How 'Copyleft' Licenses May Affect Generative AI Output

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    Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.

  • UK Compulsory Mediation Ruling Still Leaves Courts Leeway

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    An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.

  • Russia Ruling Shows UK's Robust Jurisdiction Approach

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    An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

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