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Commercial Litigation UK
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August 07, 2024
Axiom Must Pay Hundreds Of Staff For Trade Union Breaches
Hundreds of former Axiom Ince Ltd. staff have won compensation, thanks to a tribunal ruling that the firm breached U.K. trade union laws when it made the employees redundant amid its collapse in October.
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August 07, 2024
Gov't Closes 'A Small Number' Of Courts Over Far Right Fears
Multiple courts and tribunal centers closed early on Wednesday over fears of public disorder, the U.K. government has said, after far right groups threatened to target immigration lawyers in recent days.
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August 07, 2024
Ex-Citibank Worker's Wages Claim Struck Out
An employment tribunal has refused to hear a former Citibank worker's claim that the lender unlawfully paid him nothing for his work, finding there is no evidence he did anything worth paying for after he knew his contract was terminated.
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August 07, 2024
Instrument Dealer Accused Of Ripping Off Amplifier Brand
The registered owner of the Dumble guitar amplifier brand used by music legends such as Eric Clapton and Carlos Santana has hit a British instrument dealer with a trademark infringement case for allegedly misusing the brand's name.
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August 07, 2024
Chubb, Fidelis Deny Liability For Planes Stranded In Russia
Two insurers have separately denied they are liable for $325 million in losses claimed by a group of aircraft leasing businesses stemming from jets grounded in Russia after its invasion of Ukraine.
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August 07, 2024
Qatar Embassy Immune From Officer's Unfair Dismissal Claim
Qatar's British embassy has state immunity from a claim for unfair dismissal brought by a former member of staff because his employment was an "act of sovereignty," a tribunal has ruled.
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August 07, 2024
Investment Co. Sues Rival Biz For Passing Off Qube TM
Qube Research & Technologies has sued a rival investment manager over the use of the word "Qube" in its branding, accusing it of trying to mislead consumers into believing that there is a connection between the companies.
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August 07, 2024
Taylor Rose Partner Suspended For Misleading Client
A veteran solicitor was hit with a nine-month suspension on Wednesday after a tribunal found he deliberately attempted to lie to a client and made a junior colleague complicit, ruling that he "was dishonest and directly responsible for his actions."
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August 07, 2024
Disabled Ex-Postman Revives Royal Mail Discrimination Fight
A disabled former postman has revived his discrimination case against Royal Mail, as an appeals tribunal concluded that a lower court had failed to properly consider his case that he was forced into retirement after suffering a knee injury.
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August 07, 2024
Lawyer Can't Sue Billionaire Hong Kong Bosses At UK Tribunal
A lawyer cannot sue a wealthy Hong Kong family in England after she claimed she blew the whistle on potential tax evasion while she worked for them because she was based in the Chinese region while the saga unfolded, a tribunal has ruled.
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August 06, 2024
Insurer Loses Bid To Ax 'Time Barred' Housing Assoc. Claim
A London judge on Tuesday dismissed an insurer's bid to strike-out a claim from a housing association over the insurance company's alleged failure to cover additional costs after a building contractor went bust, ruling that the action was not time-barred.
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August 06, 2024
Norwegian Telecom Co. Hits Chile With Claim At ICSID
A Norwegian telecommunications investment firm has made good on its threat to hit Chile with an investor-state claim at the International Centre for Settlement of Investment Disputes over actions the country allegedly took to jeopardize a high-speed telecom project.
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August 06, 2024
Special FX Biz Flips Finance Director's Discrimination Ruling
A London appellate judge threw out a tribunal's ruling that a director at a special effects company had faced discrimination, ruling that the lower panel had misapplied the legal test and should reconsider its decision.
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August 06, 2024
Travel Biz Directors Misused Funds, Leaving £17.6M Shortfall
Directors of a defunct holiday tour operator left the company with a £17.6 million ($22.3 million) shortfall after racking up debts that were used to pay personal bills and transfer money to relatives, a London judge ruled Tuesday
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August 06, 2024
Taylor Rose Vet Accused Of Misconduct Over Client Email
A property transactions partner at Taylor Rose faced a disciplinary tribunal Monday for allegedly pressuring a junior colleague to send an email to a client with misleading information, thereby violating the profession's code of conduct.
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August 06, 2024
Horse Trainer Can Try To Revive Deal With Pregnant Worker
A leading racehorse trainer won a chance to revive a termination settlement with a pregnant stable worker on Tuesday, as an appeal tribunal concluded that a judge might have misapplied the law when setting aside the deal.
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August 06, 2024
Concrete Tech Biz Cleared Of Infringing Saint-Gobain Units' IP
A concrete mixer-truck monitoring software made by a U.K. company does not infringe a patent belonging to a Saint-Gobain subsidiary over a related product because the competing systems do not achieve the same result in the same way, a London court ruled Tuesday.
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August 06, 2024
Forfeiture Gives NCA's Rarely Used 'McMafia' Order A Boost
The seizure by the National Crime Agency of £22 million ($28 million) in properties from a banker's wife who is in prison allowed it to display its "McMafia" powers, although lawyers still have doubts about the future of the rarely-used enforcement tool.
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August 06, 2024
Law Firm Sued Over Negligent Property 'Ponzi Scheme' Advice
Four investors have sued AI Law for £373,000 ($473,000) over the regional English firm's alleged failure to advise them that there is a risk their purchase of leases in apartments was an investment in a potential Ponzi scheme.
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August 06, 2024
Drugmakers Can Fight To Nix Pay-For-Delay Claim, CAT Says
An antitrust court in the U.K. has green-lit a challenge by a Danish drugmaker to an earlier decision not to apply a two-year limitation period to government claims that it raised prices of an antidepressant by having generics manufacturers put their rival medicines on hold.
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August 05, 2024
Nondisclosure Led To 'Apparent Bias' In Nigeria Oil Case
A London court has ordered a tribunal to reconsider an arbitral award issued in a $2 billion case over a funding deal for Nigerian oil fields, ruling that a since-replaced arbitrator had wrongly failed to reveal the total extent of her relationship with Freshfields Bruckhaus Deringer LLP.
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August 05, 2024
NCA Not Liable For Regulator's License Withdrawal Decision
A former financial investigator cannot sue the National Crime Agency for losing his license, after an employment tribunal ruled that the agency could lobby on his behalf but couldn't overturn a regulatory body's decision.
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August 05, 2024
EU Court To Hear Czech Value-Added Tax Case
The Court of Justice of the European Union will consider a case from the Czech Republic concerning whether the bloc's value-added tax system and proportionality principle precludes a Czech law regarding the transfers of VAT payment liabilities, the EU said Monday.
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August 05, 2024
Terrorism Order Evidence Disclosable, UK Top Court Rules
The U.K.'s highest court ruled Monday that the Home Office must disclose evidence used to decide whether to impose legal restrictions under terrorism legislation on a man returning from Syria to allow him to fairly challenge an allegation that he was aligned with a group associated with al-Qaeda.
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August 05, 2024
Azeri Banker's Wife Forfeits Golf Club, Knightsbridge Home
The wife of a jailed Azeri banker has agreed to forfeit a house and golf course that the National Crime Agency says were bought with embezzled money, the agency announced on Monday.
Expert Analysis
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FCA Case Failures Highlight Value Of Robust Investigation
The recent U.K. upper tribunal judgment in Seiler, Whitestone and Raitzin v. The Financial Conduct Authority, criticizing the regulator for accepting a narrative advanced by the firm, makes clear that such admissions must not get in the way of a proper investigation to enable agencies to target the correct individuals, say Tom Bushnell and Olivia Dwan at Hickman & Rose.
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Reputation Management Lessons From Spacey Case
While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.
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Factors To Consider In Protecting Software With Trade Secrets
With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.
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What ClientEarth Ruling Means For Shareholder Climate Suits
The High Court recently confirmed its earlier decision in ClientEarth v. Shell, illustrating that environmental groups seeking to bring a derivative action against corporate directors' strategic decision making may find it challenging to obtain admissible evidence to establish a prima facie case of a breach, say lawyers at Herbert Smith.
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Directors Should Beware Reinvigorated UK Insolvency Service
The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.
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EU Privacy Plan Finally Resolves Data Transfer Woes
Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.
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The New Accountability Landscape For Financial Regulators
The preliminary-stage success of a group of U.K. lawmakers in a case against the Financial Conduct Authority highlights the significant hurdles for review of regulatory actions, but the Financial Services and Markets Act 2023 creates additional visibility into the regulators' decision making, which may lead to an increase in judicial review activity, say attorneys at Cleary.
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Director Responsibilities Amid Russian Asset Seizures
Following Russia's recent takeover of several companies, shareholders may argue that directors failed to properly guard the companies' assets and choose to bring derivative claims or unfair prejudice petitions, say lawyers at Collyer Bristow.
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Investors Should Prepare For Possible EU Energy Treaty Exit
Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.
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What Trustees Must Know About Virgin Media Pension Case
The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.
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EU Illumina-Grail Fine Cools Cos.' Merger Control Approach
The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.
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UK Top Court Ruling Spells Uncertainty For Litigation Funders
The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.
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4 ADR Techniques To Know In Employment Cases
With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.
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EU Privacy Framework Will Aid Int'l Data Transfer Compliance
The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.
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Opinion
Plea For A New Int'l Tribunal For Russia's Crime Of Aggression
Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.