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Commercial Litigation UK
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September 30, 2024
AI Win In 1st German Copyright Battle No Carte Blanche
A German court's first-of-its-kind ruling rebuffing a photographer's copyright claim over the use of his works to train an artificial intelligence model under European Union law is not a go-ahead for generative AI developers to use copyright works, lawyers say.
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September 30, 2024
Uni Volunteers See Wage Claim Narrowed In Status Dispute
An employment tribunal has narrowed down claims brought by more than 30 volunteers working at the University of Warwick's student accommodation, ruling they couldn't claim beyond the national minimum wage even if their bid for employee status succeeded.
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September 30, 2024
NHS Trust Beats Psychiatrist's Bid For £2.1M In Lost Wages
A London judge has rejected a psychiatrist's attempt to boost her damages for lost earnings from £23,300 ($31,240) to £2.1 million after a National Health Service trust pushed her to quit, ruling Monday that an earlier tribunal did not botch its probe into her potential future income.
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September 30, 2024
Lenovo Loses Appeal Bid For Ericsson Injunction
The Court of Appeal refused Monday to let Lenovo stop Ericsson from selling 5G devices in the U.K. over alleged patent infringement, saying the asked-for injunction wouldn't address the damage Lenovo was claiming, which was happening 5,000 miles away in Brazil and Colombia.
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September 30, 2024
Angola's Isabel Dos Santos Can't Shake £580M Asset Freeze
The daughter of Angola's former president lost her challenge to a £580 million ($775 million) asset freeze, after a London appeals court ruled Monday that a lower judge had used the correct test to find that telecoms operator Unitel SA has a good case against her.
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September 30, 2024
Reinsurer Loses Appeal Over £69M COVID Catastrophe Claim
An Italian reinsurer has lost its challenge against French insurer Covéa Insurance PLC's COVID-19 business interruption claim, with a London appellate court on Monday upholding findings that the pandemic met the definition of "catastrophe" used in the policy.
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September 30, 2024
Gap Athletic Brand Proves Danish Co. Infringed 'Athleta' TM
The Gap Inc.'s sportswear brand Athleta on Monday won its trademark infringement claim in a London court against a Danish rival over its "Athlecia" branding — but lost a chunk of its trademark protections in the process.
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September 30, 2024
Ex-Meghraj Boss Still Being Pursued Over £1.8M Pension Bill
The U.K.'s retirement watchdog said Monday that a former company director was still being pursued for payment into a staff pension scheme, more than a year after he was slapped with a £1.8 million ($2.4 million) bill.
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September 30, 2024
Agent Sues Chelsea FC Over £29M Kurt Zouma Transfer
A football agent is suing Premier League football club Chelsea and its former chief executive for failing to pay him any commission for introducing West Ham United to bring on French international Kurt Zouma for £29.1 million ($39 million).
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September 30, 2024
Cineworld Wins Court Approval For UK Restructuring Plan
Cineworld was granted approval for a U.K. restructuring plan on Monday as a judge concluded it was a better option than allowing the struggling cinema chain to fall into administration.
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September 30, 2024
AXA XL Denies $190M Claim For Planes Stranded In Russia
AXA XL and other reinsurers have hit back at allegations that they are liable for claims totaling almost $190 million over planes said to be stranded in Russia after the invasion of Ukraine, arguing that the aircraft are not completely lost.
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September 30, 2024
Private School Wants Insurer To Cover Abuse Scandal Cost
A private school embroiled in a historic sexual abuse scandal has sued its insurer, arguing it should cover any damages the school might have to pay in a barrage of cases brought by former pupils.
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September 30, 2024
Ex-Judges Blame Opaque Selection Process For Hiring Woes
Vacancies for judges are staying unfilled because of a shortage of high-quality applicants, as former members of the bench tell Law360 that the selection process discourages exceptional candidates at a time when the government is grappling with court backlogs.
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September 27, 2024
J&J Unit Denied Appeal Against Stelara Invalidation
A London judge has refused to permit Janssen Biotech Inc. to challenge his July decision nixing the patent on its blockbuster Stelara drug, saying he had used "no magic" when using evidence derived from two patient cohorts in reaching his decision.
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September 27, 2024
Pair Defrauded Investors In UK Real Estate Ponzi Scheme
Two businessmen duped investors into putting their money into real estate developments across the U.K. by promising them unrealistic returns and using the proceeds of sales to pay previous investors, a London court ruled Friday.
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September 27, 2024
Santander, Skipton Beat Attempts To Reopen PPI Settlements
Santander Cards UK Ltd. and Skipton Building Society have fought off attempts by customers to revive claims alleging the lenders' offers to compensate them for misselling payment protection insurance were invalid.
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September 27, 2024
Candey Cleared Of AML Breaches Over £24M Of Client Funds
Candey Ltd. was cleared on Friday of breaching money laundering regulations by failing to adequately check the source of nearly £24 million (£32 million) of client funds, by a tribunal that also found a former partner improperly transferred some of the money to third parties.
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September 27, 2024
Oppo Urges Court To Cap Past Sales On Eve Of FRAND Ruling
Chinese smartphone giant Oppo told a London court Friday that a major recent appellate decision about how far back courts should go in settling fair, reasonable and nondiscriminatory rates to license standard-essential patents doesn't apply to its licensing dispute with InterDigital in the closing weeks of the case.
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September 27, 2024
Ex-Linklaters Partner Loses Fight To Block Charge On Homes
An ex-Linklaters LLP partner failed to stop a Saudi princess from securing charges over two of his family members' homes to settle a $25 million judgment, with a London court on Friday rejecting his claim to have no interest in the properties.
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October 04, 2024
Ex-Solicitor General Rejoins 3PB After Decade In Parliament
Michael Tomlinson KC, a former solicitor general in England and Wales, has returned to 3 Paper Buildings to continue practicing as a barrister after he lost his seat following nearly a decade as a member of Parliament.
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September 27, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Coca-Cola bring a trademark infringement claim against its former marketing director, Glencore face legal action by American Century ETF Trust, law firm Bishop Lloyd & Jackson defend itself against two solicitors it worked alongside during inquiries into Grenfell Tower, and a U.K. cruise line face a claim by a subsidiary of the sanctioned gambling platform GTLK.
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September 27, 2024
StanChart Seeks Approval For Rate Change In Libor Test Case
Standard Chartered on Friday asked two judges to approve a change in the interest rate it pays on its preferred shares, in the first dispute to come before the High Court over the transition from the Libor benchmark.
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September 27, 2024
Citizens Advice Lawyer Loses Birthday Reward Scheme Claim
A tribunal has chucked a solicitor's claim that Citizens Advice bosses forced her to quit following her online post criticizing a birthday reward scheme, ruling that the response to her message did not sever her trust in the bureau.
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September 27, 2024
Duncan Lewis Settles Legal Aid Fee Case Against UK Gov.
Duncan Lewis Solicitors announced Friday that it has dropped its legal aid fee claim against the U.K.'s justice secretary, after the minister promised to make a decision on raising rates for immigration and asylum work after the first Labour budget next month.
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September 27, 2024
Ex-Centrica Employee Loses Bid For Pay In Blacklisting Claim
A former Centrica PLC employee has lost his bid to be paid while he sues the energy giant for allegedly firing and blacklisting him for blowing the whistle.
Expert Analysis
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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Emissions And Extraction: Unpacking The Finch Ruling
In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.