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Commercial Litigation UK
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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October 10, 2024
Top Takeaways From The Employment Rights Bill
Proposals for the landmark Employment Rights Bill unveiled Thursday present a huge challenge for employers, and will force businesses to adapt quickly to meet confirmed plans to give workers new rights from their first day on the job and introduce new restrictions on employment contracts.
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October 10, 2024
Lebanese Bank Claims It Was Told Not To Repay $234M Debt
Lebanon's largest private lender has claimed that the central bank of the Middle East state advised it not to repay foreign loans and interests totaling more than $234 million it owed to a member of the World Bank Group because of an economic crisis.
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October 10, 2024
Law Firm Owner Faces SDT Over Conflict Of Interest
A law firm owner has been referred to a disciplinary tribunal to face allegations that he created a risk of a conflict of interest by acting for one client in a financial dispute with another client of the firm, the Solicitors Regulation Authority has said.
Expert Analysis
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Opinion
PACCAR Should Be 1st Step To Regulating Litigation Funders
Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.
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Patent Plausibility Uncertainty Persists, EPO Petition Shows
While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.
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In Int'l Arbitration Agreements, Be Clear About Governing Law
A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.
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Risks The Judiciary Needs To Be Aware Of When Using AI
Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.
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Post Office Scandal Stresses Key Directors Duties Lessons
The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.
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Employer Tips For Handling Data Subject Access Requests
As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.
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Top Court Hire Car Ruling Affects 3rd-Party Negligence Cases
The U.K. Supreme Court's recent decision in Armstead v. Royal & Sun Alliance, finding that an insurer was responsible for lost car rental income after an accident, has significant implications for arguing economic loss and determining burden of proof in third-party negligence cases that trigger contractual liabilities, say lawyers at Macfarlanes.
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Bribery Class Action Ruling May Revive Bifurcated Processes
The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.
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Ocado Appeal Outcome Will Gauge UPC Transparency
As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.
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The Good, The Bad And The New Of The UK Sanctions Regime
Almost six years after the Sanctions and Money Laundering Act was introduced, the U.K. government has published a strategy paper that outlines its focus points and unveils potential changes to the regime, such as a new humanitarian exception for financial sanctions, highlighting the rapid transformation of the U.K. sanctions landscape, says Josef Rybacki at WilmerHale.
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Unpacking The Building Safety Act's Industry Overhaul
Recent updates to the Building Safety Act introduce a new principal designer role and longer limitation periods for defects claims, ushering in new compliance challenges for construction industry stakeholders to navigate, as well as a need to affirm that their insurance arrangements provide adequate protection, say Zoe Eastell and Zack Gould-Wilson at RPC.
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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.