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Commercial Litigation UK
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May 24, 2024
The UK Laws That Will Pass Or Fail As Election Looms
Prime Minister Rishi Sunak's decision to call an early general election to be held on July 4 has left several pieces of legislation hanging in the balance during the so-called "wash-up" period before Parliament is formally dissolved, while others have been pushed through.
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May 24, 2024
Ex-Soccer Player Loses Early Libel Battle With TV Presenter
Former professional soccer player Joey Barton lost an early legal battle against U.K. television presenter Jeremy Vine on Friday over online posts labeling Vine a "bike nonce" after a London judge ruled that they were accusations of pedophilia.
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May 24, 2024
UK's 2nd CPO Settlement Points To More Scrutiny On Payouts
Britain's competition tribunal scrutinized how the U.K.'s second-ever class action settlement will be handed out to rail passengers before approving the deal, shedding light on what information it will expect to see before signing off on future settlements.
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May 24, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.
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May 24, 2024
Law Firm Partner Says Sorry For Expert Witness Interference
A Penningtons Manches Cooper LLP partner has apologized to a London court for overstepping in his interference with an expert witness' statement amid his client's feud with AXA XL.
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May 24, 2024
Generali Italia Denies Owing £1M To Exec With Eye Disease
Italy's largest insurance company has denied that it owes more than £1 million ($1.2 million) in incapacity benefits and damages to a Quest Software sales director suffering from a degenerative eye disease after rejecting his claim.
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May 24, 2024
Bayer Loses Bid To Overturn Xarelto Patent Loss
Pharma giant Bayer AG lost its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto, when an appeals court ruled Friday that the drug involved no inventive step and should not be given protection.
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May 24, 2024
Ex-Post Office Boss Blames Scandal On Bad Legal Advice
Paula Vennells blamed the advice of her senior lawyers for not becoming aware of the wrongful prosecutions by the Post Office of innocent people based on faulty IT data, as she gave evidence to the inquiry into the scandal Friday.
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May 24, 2024
Tesla Hits Back At InterDigital's Bid To Ax 5G FRAND Case
Tesla told a London court Friday that it is entitled to challenge the terms of licenses for 5G vehicle technology owned and licensed by InterDigital and Avanci LLC, hitting back at the two companies' bid to have its case thrown out.
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May 24, 2024
Travelers Insurance Sued Over Fire-Damaged Warehouse
A U.K.-based building operator is suing its insurer for breach of contract for refusing to pay out on its multimillion-pound policy after fires destroyed its Scottish warehouse because the company allegedly fell short of security requirements and other policy provisions.
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May 24, 2024
Ex-Aviva Staffer's Tribunal Outbursts Not A Bar To Fair Trial
Aviva must face a former employee's discrimination claim even though her actions during hearings — including accusations of institutional racism in employment cases — is likely to prevent the trial being fair, a tribunal has ruled.
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May 24, 2024
PE Firm, Pharma Cos. Overturn £31M Drug Price-Fixing Fines
Private equity group Cinven and three pharmaceutical companies have successfully overturned a decision by the U.K. antitrust regulator to fine them £31 million ($39 million) for allegedly fixing the price of drugs sold to the National Health Service.
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May 23, 2024
Investors Lose $600M Mass Claim Over Cyprus Bank Failures
The Republic of Cyprus said Thursday that an international arbitral tribunal has dismissed an unprecedented $600 million mass claim by Greek depositors and bondholders affected by the restructuring of Laiki Bank and Bank of Cyprus.
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May 23, 2024
NY Top Court Revives FanDuel Investors Suit
New York's top appeals court on Thursday revived a suit brought by FanDuel investors who claim they were deprived of profits from a merger, disagreeing with a lower court's interpretation of Scottish law.
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May 23, 2024
Bipolar Flight Attendant Wins Retrial Of 'Unfit To Fly' Verdict
A flight attendant with bipolar disorder revived her claims of disability discrimination against CAE Crewing Services after an appellate judge in London concluded that the tribunal hearing the claims misinterpreted a vicarious liability law.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Prompt Engineering Skills Are Changing The Legal Profession
With a focus on higher-value work as repetitive tasks are delegated to artificial intelligence, legal roles are set to become more inspiring, and lawyers need not fear the rising demand for prompt engineers that is altering the technology-enabled legal environment, say Eric Crawley, Shah Karim and Paul O’Hagan at Epiq Legal.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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4 Legal Privilege Lessons From Dechert Disclosure Ruling
The Court of Appeal's recent decision in Al Sadeq v. Dechert LLP, finding that evidence may have been incorrectly withheld, provides welcome clarification of the scope of legal professional privilege, including the application of the iniquity exception, says Tim Knight at Travers Smith.
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BT Case May Shape UK Class Action Landscape
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.
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Key Points From EC Economic Security Screening Initiatives
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.
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Following The Road Map Toward Quantum Security
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.
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Why EU Ruling On Beneficial Ownership May Affect The UK
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.
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Opinion
Labour Should Reconsider Its Discrimination Law Plans
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.
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AI Is Outpacing IP Law Frameworks
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.
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Tracing The History Of LGBTQ+ Rights In The Workplace
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.
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Ruling In FCA Case Offers Tips On Flexible Work Requests
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.
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Pension Scheme Ruling Elucidates Conversion Issues
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.
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New Fraud Prevention Offense May Not Make Much Difference
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.
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Aldi Design Infringement Case Highlights Assessment Issues
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.
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Generative AI Raises IP, Data Protection And Contracts Issues
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.