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Commercial Litigation UK
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 04, 2024
FIFA Transfer Rules Limit Movement In Breach Of EU Law
The transfer rules laid down by the world footballing body that force players and their new clubs to compensate their former employers when they cut their contract to switch teams hinder competition and restrict players' freedom of movement, the European Union's top court ruled Friday.
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October 04, 2024
SFO Squares Off With ENRC Again In Media 'Leaks' Trial
ENRC's decade-long legal onslaught against the Serious Fraud Office resumes at trial in London on Monday over allegations its officials fed investigative journalists confidential information to boost its ill-fated corruption probe into the Kazakh miner.
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October 04, 2024
Injury Claims Made Through Irish Board Rose 10% In 2023
Personal injury claims made to the Irish government grew 9.8% in 2023 over the previous year, the Injuries Resolution Board said Friday, citing a rise in road traffic accident claims.
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October 04, 2024
Thyssenkrupp, Tata Lose Fight Against EU Joint Venture Veto
Europe's highest court ruled Friday that the European Commission was right to block plans by Thyssenkrupp and Tata Steel to jointly acquire a steel products venture under the antitrust rules of the bloc.
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October 04, 2024
Bahamian Bank Claims No Fault In $3M Loan Row
A Bahamian bank has argued it did not breach a $3 million loan agreement with a director of an American biotech company, arguing the deal was justifiably terminated and that it does not owe him $15 million for any alleged losses.
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October 04, 2024
Bahrain Loses State Immunity Bid In UK Spyware Claim
The Court of Appeal ruled Friday that two Bahraini dissidents can bring a damages claim in the U.K. against the Gulf state for alleged psychiatric injury stemming from the discovery that their laptops had been hacked with spyware.
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October 03, 2024
Panasonic Chided For 'Indefensible' Conduct In FRAND Case
A London appeals court ruled Thursday that Panasonic did not act in good faith in licensing talks with Xiaomi for its suite of telecom patents, calling the Japanese tech giant's conduct during licensing negotiations "indefensible."
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October 03, 2024
Joyvio's British Salmon Fraud Claim Moved To Chile
A London court ruled Thursday that a dispute between Chinese food giant Joyvio Group and the former owner of one of its salmon-farming businesses in England over the alleged artificial inflation of the value of the company should be heard in Chile.
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October 03, 2024
Putin Seized Planes In Political Act, Insurers Say At UK Trial
A group of aviation insurers are fighting to limit potential payouts for aircraft stranded in Russia, telling a London court on Thursday that orders from Russian President Vladimir Putin kept hundreds of Western-owned planes from being returned to their lessors in a political act after sanctions were imposed.
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October 03, 2024
Health Worker Unable To Rescind Resignation Wins Claim
A support worker at an adult care provider proved she was victimized for complaining about bias in the workplace but couldn't sway the employment tribunal to rule that discrimination had actually taken place.
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October 03, 2024
Lufthansa Demands Profits From Power Outlet Patent Breach
Lufthansa claimed in a London trial Thursday that three avionics companies found to have infringed its patent on a method of allowing airline passengers to access power outlets should turn over all profits from sales of the infringing system.
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October 03, 2024
Cutrale Family Fails To Crush Orange Juice Cartel Claims
A London appeals court refused to strike over 1,300 claims from Brazilian orange farmers who allege the father and son at the helm of juice giant Cutrale participated in a price-fixing cartel, saying the family can defend the claims at trial by arguing they weren't brought in time.
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October 03, 2024
Christian Worker's LGBT Posts Not Free Speech, School Says
A school that fired an administrator over her anti-LGBT social media posts told an appeals court on Thursday that her posts could be too offensive to be protected by her right to express religious beliefs.
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October 03, 2024
Whisky Fund Manager To Pay £51K Over Sexist Treatment
An employment tribunal has ordered an investment consultancy specializing in rare whiskies to pay £51,800 ($68,000) to a female staff member after employees harassed her and forced her out with sexist treatment.
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October 03, 2024
Freeths Says Developer At Fault In £7M Warehouse Value Row
Freeths has hit back at a developer's £7.5 million ($9.8 million) negligence claim accusing the law firm of tanking the value of a warehouse, arguing that it had no prospect of avoiding the imposition of noise conditions when it started demolishing the building.
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October 02, 2024
FCA Wins Appeal In $700M BlueCrest Investor Redress Case
The Financial Conduct Authority can resume its bid to impose a redress scheme of more than $700 million for investors of hedge fund BlueCrest Capital Management, an appeals court said Wednesday, ruling that a tribunal wrongly held that the regulator did not have that power.
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October 02, 2024
'YouTube Shorts' Hurts Image Of Short Films, Distributor Says
Google has damaged the descriptive brand of short films by leading consumers to associate them with the tech giant's 'YouTube Shorts' video platform, international film distributor ShortsTV said Wednesday on the first day of a London trial accusing the tech giant of infringing ShortsTV's trademarks.
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October 02, 2024
Lawyers Fail To Overturn EU Ban On Legal Services To Russia
The European General Court on Wednesday dismissed an attempt by French and Belgian lawyers to overturn prohibitions on providing legal advice to Russia, clarifying that the ban only applies when the advice has no link to judicial proceedings.
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October 02, 2024
'Petsure' Name Infringes 'Vetsure' TM, Appeals Court Says
A pet insurance company has convinced an appeals court that shoppers would likely confuse its "Vetsure" trademark with its rival's "Petsure" name, given the conceptual similarity between the two.
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October 09, 2024
Shoosmiths Adds Privacy & Data Partner From BCLP
Shoosmiths LLP has hired a new partner to its privacy and data unit in London from Bryan Cave Leighton Paisner LLP, with the new arrival saying Wednesday that an immediate rapport with Shoosmiths' partners led her to jump ship.
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October 02, 2024
Christian School Worker Appeals Firing For Anti-LGBT Posts
A Christian teaching assistant who was sacked for sharing anti-LGBT posts online asked an appeals court on Wednesday to rule that she was discriminated against for her religious beliefs, because there was "no justification" for interfering with her free speech.,
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October 02, 2024
Uni Loses Appeal Over Physics Lecturer's Unfair Dismissal
An appeals judge has refused to overturn a decision that a university unfairly axed a lecturer after a second student complained about her conduct, ruling that a lower tribunal was entitled to deem the dismissal unreasonable.
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October 02, 2024
AerCap Battles Insurers Over Stranded Jets As Trial Begins
There is "no scope" for major insurers to refuse billion-dollar claims for planes seized by Russian airlines, lawyers for major lessor Aercap told the High Court on Wednesday on the first day of a trial that is likely to be a test case for other claims.
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October 02, 2024
Sheikh Can't Shake Enforcement Of Bros' $718M Inheritance
The son of an Emirati royal accused of embezzling more than $1 billion from his dead father cannot stop his brothers from seeking to enforce a UAE judgment in England that orders him to pay them about 2.6 billion dirham ($718 million) as part of their "legitimate share" of the inheritance.
Expert Analysis
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Oil And Gas Case Highlights Judicial Review Climate Trends
Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.
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Collapse-Risk Buildings Present Liability Challenges
Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.
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Age Bias Cases Illustrate Key Employer Issues On Retirement
Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.
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Why Indonesia Feels Frustrated By Airbus Dispute Outcome
Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.
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UAE Bank Case Offers Lessons On Enforcing Foreign Rulings
The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.
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9 Hallmarks Of The New German Class Action Regime
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.
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Protecting The Arbitral Process In Russia-Related Disputes
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.
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Examining US And Europe Patent Disclosure For AI Inventions
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.
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Incontinence Drug Ruling Offers Key Patent Drafting Lessons
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.
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
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.
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Putin Ruling May Have Unintended Sanctions Consequences
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.
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EPO Decision Significantly Relaxes Patent Priority Approach
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.
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Landmark EU Climate Case May Shape Future Disputes
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.