Commercial Litigation UK

  • October 14, 2024

    African Bank Sues Engineering Biz For $111M In Unpaid Debt

    One of Africa's largest trade banks has sued Kaztec Engineering Ltd. for $111 million, accusing the Nigerian business of failing to pay back a loan it used to acquire oil assets in the country.

  • October 14, 2024

    Photo Print Co. Denies Infringing Nail-Free Frame Patent

    The company behind a photo printing app has hit back at allegations that it is selling a copycat version of a sticky-back picture frame which is protected by patent, alleging that the rival design does not meet the criteria for such protection.

  • October 14, 2024

    Rockhopper Insures Against Italy Annulling €190M Award

    British energy company Rockhopper Exploration PLC said Monday that it has penned an insurance policy to cover the potential annulment of the €190 million ($207 million) arbitral award it won against Italy after the country banned oil and gas projects off its coastline.

  • October 14, 2024

    Quinn Emanuel Must ID Source Of Forged Deripaska Report

    Quinn Emanuel must reveal the source of the middleman that provided it with a forged report suggesting that Russian industrialist Oleg Deripaska misled arbitrators during a dispute with a former business partner, a judge ruled on Monday. 

  • October 14, 2024

    Nigerians Win Appeal Over All-Or-Nothing Shell Oil Spill Claim

    The Court of Appeal has lowered the bar for two Nigerian communities seeking to hold Shell responsible for environmental damage, ruling that residents do not have to prove that the company is to blame for all the oil spills in the region.

  • October 11, 2024

    Sandoz Gets Biogen Neurological Treatment Patent Tossed

    A London court on Friday tossed Biogen MA Inc.'s patent underpinning its method of assessing whether a rare neurological disorder was valid, following a series of challenges from rival Sandoz.

  • October 11, 2024

    Robertson Pugh Boosts Sanctions Offering With MoFo Hire

    Boutique law firm Robertson Pugh Associates LLP has hired a sanctions expert as a consultant, a move that comes at a time of intense demand to manage the risks of global conflicts, the former Morrison Foerster LLP partner told Law360.

  • October 11, 2024

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

    This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.

  • October 11, 2024

    Courier Biz Rebukes EasyGroup TM Claim Over 'EasyCargo'

    Courier price comparison website EasyCargo has told a London court that its company trademark does not infringe two of easyGroup's trademarks, after the easyJet owner launched its latest bid to stop what it calls "brand thieves."

  • October 11, 2024

    Day 1 Unfair Dismissal Right Risks Diversity And Justice Aims

    Abolishing the two-year qualifying period to bring an unfair dismissal claim will trigger an impossible deluge of tribunal cases and a more cautious approach to recruitment that risks turning back the clock on diversity in the workforce, lawyers warned about the headline proposal in the Employment Rights Bill.

  • October 11, 2024

    Company Director Says £1M Payments Were Legit Expenses

    A former director of a supply chain company and his wife have hit back at allegations that they covertly authorized payments worth more than £1.2 million ($1.6 million) unconnected to its business, claiming that expenditure decisions were legitimately made at their discretion.

  • October 11, 2024

    Care Home Chef Unfairly Sacked After GDPR Breach

    An assistant chef has won her claim that her care home employer unfairly fired her for sending an email containing confidential information about a vulnerable resident — but failed to convince the tribunal that she faced discrimination and harassment from staff.

  • October 11, 2024

    Ex-Footballer Apologizes To TV Host For 'Bike Nonce' Posts

    Former professional footballer Joey Barton apologized to Jeremy Vine at a London court on Friday over an online posting campaign "of unprecedented scale and intensity," in which he labeled the media personality a "bike nonce," as he responded to the broadcaster's successful libel claim.

  • October 11, 2024

    Art Dealer's Ex-Wife Denies Liability For His Loan

    The former wife of Andrew Valmorbida, an art dealer to the stars who was involved in a multi-million dollar art fraud, has said she should not pay back an investment firm part of $33.4 million taken by her then-husband, arguing the business can pursue other assets first.

  • October 11, 2024

    Waste Co. Directors Hit Back At Energy Biz Buyer For £5.4M

    The directors of a waste management company have hit back with a £5.4 million ($7.1 million) counterclaim against a business that acquired their food waste processing plant, accusing the buyer of diverting waste away from the operation to minimize performance-based payments.

  • October 11, 2024

    Coca-Cola Driver Wins Bias Appeal Over Blackout Disorder

    A tribunal wrongly held that a Coca-Cola truck driver's coughing condition, which causes him to black out, did not render him disabled for the purpose of his claim of disability discrimination, a London appeals judge has ruled.

  • October 10, 2024

    Miner Liable To PE Firm Over Axed $1B Brazilian Mine Deal

    South African miner Sibanye-Stillwater is liable to pay damages to private equity firm Appian Capital Advisory LLP for withdrawing from a $1 billion deal to buy two Brazilian copper and nickel mines, a London court ruled Thursday.

  • October 10, 2024

    UK Exit Taxes OK When Paid Over Time, Upper Tribunal Says

    An exit tax on U.K. trusts leaving the country pre-Brexit interfered with their European Union right to free movement of capital, but is brought into compliance if trusts can pay the tax over at least a five-year period, the Upper Tribunal ruled.

  • October 10, 2024

    Exxon Suing Netherlands Over Gas Phaseout Plans

    An ExxonMobil unit has accused the Netherlands of reneging on its contractual obligations related to the phasedown of gas extraction activities in the country's earthquake-stricken Groningen oil field.

  • October 10, 2024

    Lawyers Call On EHRC To Promote Race Bias Claim Funding

    The U.K.'s equalities watchdog funded just 27 cases from 2022 to 2023, prompting calls from employment specialist GQ Littler on Thursday to better advertise its race discrimination legal support fund.

  • October 10, 2024

    Ex-Goldman Manager Claims £3.8M In Paternity Sex Bias Case

    A former Goldman Sachs compliance manager launched his sex discrimination case against the investment bank on Thursday, claiming £3.8 million ($5 million) and alleging that his bosses used redundancy as a smokescreen to sack him for taking paternity leave.

  • October 10, 2024

    HSBC Appeals To Throw Out Job Applicant's Race Bias Claim

    HSBC Bank PLC urged a London appeals court Thursday to dismiss a job applicant's discrimination claim that alleged it unfairly refused to hire her for a director role, arguing that an employment tribunal had made factual errors when it revived the case.

  • October 10, 2024

    Howden Seeks To Move Part Of Aon Poaching Case To Brazil

    Howden Group Thursday urged a court to stay parts of a claim by professional services firm Aon against the broker related to alleged staff poaching from Aon's Brazilian insurance business, saying the South American country is the right venue for the dispute.

  • October 10, 2024

    Risk Co. Can't Pursue Bankruptcy Against Guernsey Resident

    A risk management company lost its attempt to bring bankruptcy proceedings against a man in Guernsey that owes it around £2 million ($2.6 million), after a London court ruled the business couldn't meet the conditions to file outside England and Wales.

  • October 10, 2024

    Ex-CEO Wins £115K For Dismissal Before Meat Supplier's Sale

    The ousted chief executive of a meat supplier has won £115,352 ($150,802) after an employment tribunal ruled that administrators made him redundant in order to attract offers to buy his failing company.

Expert Analysis

  • Putin Ruling May Have Unintended Sanctions Consequences

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    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.

  • EPO Decision Significantly Relaxes Patent Priority Approach

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    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.

  • Landmark EU Climate Case May Shape Future Disputes

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    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.

  • Bias Claim Highlights Need For Menopause Support Policies

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    The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.

  • UK Case Offers Lessons On Hiring Accommodations

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    The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.

  • Shifting From Technical To Clear Insurance Contract Wordings

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    Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.

  • A Case For The Green Investment Regime Under The ECT

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    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • How Employers Can Support Neurodiversity In The Workplace

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    A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.

  • What's In The Plan To Boost Germany's Commercial Litigation

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    Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.

  • What To Consider When Making Brand Sustainability Claims

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    A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.

  • Retained EU Law Act Puts Employment Rights Into Question

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    The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.

  • In Balancing Commerce And Privacy Interests, Consent Is Key

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    Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Recent Trends In European ESG-Related Shareholder Activism

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    New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.

  • Employer Due Diligence Lessons From Share Scheme Case

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    The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

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