Commercial Litigation UK

  • June 14, 2024

    'Riverdance' Star Can't Step Around $30M Estate Arbitration

    Dancer Michael Flatley must arbitrate his €30 million ($32 million) claim against Hiscox over allegations of defective work on his estate in County Cork, an Irish court ruled Friday, saying there is nothing unfair about enforcing the policy's arbitration clause.

  • June 14, 2024

    Mining Co. Entity Can't Deduct Loan Interest, UK Court Says

    A U.S. mining company's entity in the U.K. that was created to save taxes through the acquisition of a Texas-based firm cannot overturn the Upper Tribunal's decision that its U.K tax deductions weren't deserved, according to a Court of Appeal judgment.

  • June 14, 2024

    Tesco Car Crash Scammer Found In Contempt

    A scammer who made a false compensation claim against Tesco over a staged traffic accident was on Friday found in contempt of court for having another man impersonate him in a hearing and trying to blame his lawyers for the fraudulent claim.

  • June 14, 2024

    Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer

    In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.

  • June 14, 2024

    NHS Body Says It Erred By Blocking Co. From £4.4B Contract

    A National Health Service body has admitted it wrongly excluded a logistics service from the opportunity to win an estimated £4.4 billion ($5.6 billion) supply contract, but said the company has no reason to sue because it can now reenter the procurement process.

  • June 14, 2024

    Top Court To Face Tough IP Questions On Post-Kitchin Bench

    The appellate courts will continue to be plagued by tough questions about intellectual property law unless Parliament intervenes after the election, experts told Law360, as artificial intelligence and complex questions about technology and ownership of inventions continue to percolate up towards the top courts.

  • June 14, 2024

    Malicious Falsehood Ruling Casts Doubt On Law's Efficacy

    A decision by the U.K.'s highest court refusing to award damages without proof of financial loss in a malicious falsehood claim has called into question the effectiveness of a law designed to make claims easier to bring.

  • June 14, 2024

    Ex-Chelsea FC Employee Loses Bid To Toss Harassment Loss

    A former Chelsea Football Club Ltd. groundsman lost his battle in a London court Friday to overturn a ruling that he had forfeited his chance to defend against his ex-employer's harassment claim after a judge said he had "no real answer" for not responding to the club.

  • June 14, 2024

    Swiss Re, Chubb Deny Liability In £13B Stranded Planes Feud

    Swiss Re and Chubb have denied that they are liable for aircraft detained in Russia after it invaded Ukraine amid a slew of claims totaling £13 billion ($16.5 billion), telling a London court that their insurance policies do not cover the fallout of war.

  • June 14, 2024

    Judge Wins OK To Challenge Secretive Appointment Process

    A district court judge has won permission to bring her case that a secretive part of the process for appointing judges is unlawful, after the Court of Appeal ruled that a judicial review is in the public interest.

  • June 14, 2024

    Sony Accountant Loses £750K Equal Pay Claim

    A former PlayStation accountant has lost her claim for sex and race discrimination and unfair dismissal, with a tribunal finding that her complaints against Sony were "routine workplace issues" that did not constitute discrimination.

  • June 14, 2024

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

    This past week in London has seen toy company Jellycat hit supermarket Aldi with an intellectual property claim, AIG start proceedings against firefighting foam company Angus International Safety Group, and the Solicitors Regulation Authority file a legal claim against the Post Office amid the ongoing Horizon IT scandal. Here, Law360 looks at these and other new claims in the U.K.

  • June 14, 2024

    Richard III Film Defamed University Chief As Patronizing

    A movie produced by Steve Coogan that depicts the search for the remains of King Richard III is defamatory because it presented a former university executive as dismissive and patronizing, a judge at a London court ruled on Friday.

  • June 14, 2024

    EasyGroup Says Charity Platform Website Breached Its TM

    The parent group of the easyJet budget airline said on the first day of trial Friday that an online fundraising platform for charities' use of "easy" at the start of its name could lead customers to confuse it with EasyGroup Ltd. 's trademark.

  • June 14, 2024

    Fired Teacher Wins £61K For Menopause Bias

    A Scottish council must pay £61,074 ($77,300) for firing a teacher who refused to transfer to a school for kids with behavioral difficulties because it worsened her menopausal symptoms and anxiety, an employment tribunal has ruled.

  • June 14, 2024

    UK Broker Denied Supreme Court Hearing Over Cum Ex Raids

    Judges at a London court refused on Friday to allow a brokerage to challenge at the U.K. Supreme Court findings that a raid on its London office during an investigation into tax fraud in 2022 was legal, finding that the "outcome of any appeal would be no different."

  • June 14, 2024

    Fundraiser Wins Appeal Over Charity's Redundancy Process

    A fundraiser has won his challenge over the fairness of his redundancy from a religious charity, convincing an appeals tribunal that a judge had earlier failed to consider the integrity of the selection process.

  • June 14, 2024

    Bitcoin 'Inventor' Drops Case Against Software Developers

    Lawyers for the man who failed to prove he invented bitcoin told a London court on Friday that he has dropped a case brought by his company against software developers as it also turned on his claim to be the pseudonymous inventor of the virtual currency.

  • June 14, 2024

    EU Transfer Pricing Law To Involve Basic Rights, Prof Says

    A proposed European Union law on transfer pricing would, if adopted, mean the EU's charter of fundamental rights became relevant to transfer pricing disputes, a tax professor said Friday.

  • June 13, 2024

    Trans Swimmer's Quest To Overturn Ban Denied By Panel

    American swimmer Lia Thomas, a transgender woman attempting to compete in the Summer Olympic Games in Paris next month, has lost in her bid to the international Court of Arbitration of Sport to overturn the ban on her eligibility by the world swimming governing body.

  • June 13, 2024

    JP Morgan Had No Incentive To Devalue Fintech Joint Venture

    J.P. Morgan had no reason to devalue a payment company it co-owned with fintech business Werealize, a London judge ruled Thursday, in a decision that ended the companies' dispute over the investment bank's option to buy out its partner's stake in their joint venture.

  • June 13, 2024

    Black Support Worker Revives 'Monkey' Discrimination Case

    A Black African care support worker has rekindled his discrimination complaint over a manager allegedly calling him a "monkey," convincing the Employment Appeal Tribunal that an earlier judge skipped over the specific use of the term that his claim related to.

  • June 13, 2024

    Prison Officer Loses Sex Bias Claim Over Deadline Lapse

    An officer at a prison for young men would have won his sex discrimination claim after getting suspended over sexual harassment allegations had he filed it on time, an Employment Tribunal has ruled.

  • June 13, 2024

    Fladgate Blames Client's Wrong Instructions On $26.5M Loss

    Fladgate LLP has denied owing an investment fund an estimated $26.5 million for allegedly giving negligent advice, saying the client aiming to recover money owed under bonds supplied incorrect information from the outset.

  • June 13, 2024

    How 3 Firms Cleared 2 Ex-Autonomy Execs In HP Fraud Case

    A California federal jury's rejection last week of fraud charges against the founder and former finance vice president of British software company Autonomy validated an approach by the defendants' three law firms — Steptoe, Clifford Chance and Bird Marella — to form a "seamless" collaboration throughout the trial, from jury selection to closing arguments.

Expert Analysis

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • High Court Ruling Sheds Light On Targets For Judicial Review

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    The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.

  • Appeal Ruling Clarifies 3rd-Party Contract Breach Liability

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    The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.

  • CPR Proposal Affirms The Emphasis On Early Mediation

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    While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.

  • How Law Firms Can Handle Challenges Of Mass Claims

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    With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Insurance Ruling Stresses High Hurdle To Fix Policy Wording

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    In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.

  • Taking Stock Of Changes UK Economic Crime Act Will Bring

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    With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.

  • Sanctions Ruling Opens Door For Enforcer To Clear Up Rules

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    In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.

  • How Gov't Response Addresses Investment Act Concerns

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    The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • How Generative AI Can Enhance Disclosure Review Processes

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    As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

  • Experian Ruling Helps Cos. Navigate GDPR Transparency

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    In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

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