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Commercial Litigation UK
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July 09, 2024
Chief Constable Loses Sex Bias Case Over Work Vendetta
A senior police officer in northwest England discriminated against a personal assistant by making her collateral damage in a vendetta he had against a rival female officer, an employment tribunal has ruled.
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July 09, 2024
Ex-Axiom Ince Staff Win Claims Over Missing Payments
A tribunal has ordered Axiom Ince to hand over a total of £11,500 ($14,700) in redundancy and unclaimed holiday payments to three former members of staff after the law firm collapsed in October.
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July 09, 2024
Malaysian Investor Fights To Block €36M Claim At Top Court
A Malaysian businessman urged the U.K.'s top court on Tuesday to rule that a creditor should be blocked from bringing a €36 million ($39 million) claim against him because it already won a declaration in an earlier action pursuing the debts.
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July 09, 2024
LetterOne Fights National Security Sale Of Broadband Firm
An investment group backed by Russian oligarchs has launched the first legal challenge to a decision under the National Security and Investment Act, claiming on Tuesday that the government unfairly forced the sale of a regional broadband provider at a "substantial financial loss."
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July 09, 2024
BBC Rebuffed In Effort To Cut Costs Of £20B Pension Scheme
An attempt by the British Broadcasting Corp. to reduce benefits for employees enrolled in its £19.8 billion ($25.4 billion) pension scheme has been rebuffed as the Court of Appeal ruled in favor of members on Tuesday.
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July 09, 2024
Sports Broadcaster Sued For Fraud In Failed Streaming Deal
Liquidators of a licensing company have sued a broadcasting chief after their autosport streaming deal turned sour, telling a court he lied about his ability to sell streaming subscriptions in U.S. prisons to entice the company to hand over the licensing rights.
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July 09, 2024
Justices Trim Scope Of Warranties In Construction Contracts
The U.K. Supreme Court found on Tuesday that a collateral warranty given by a building contractor to the tenant of a care home was not a "construction contract" and therefore cannot be subject to adjudication.
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July 09, 2024
Thomas Cook Creditors To Get Back £280M After Asset Sale
Creditors of Thomas Cook will receive a total of £280 million ($358 million) before the end of September after the senior civil servant overseeing the liquidation sold all available assets owned by the collapsed travel giant, according to the Insolvency Service.
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July 08, 2024
Mining Co. Looks To Annul Romania's Arbitration Fees
Canadian mining company Gabriel Resources Ltd., which is facing a major cash crunch after losing its $4.4 billion arbitration against Romania, said Monday it has filed an application requesting the annulment of a tribunal's costs award to the country.
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July 08, 2024
MoD Accepts 'Duty Of Care' In Hearing Loss Suit
The Ministry of Defence agreed Monday to uphold its "duty of care" to thousands of active and former service members who are now set to receive compensation for hearing loss from their time in the military.
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July 08, 2024
FX Fund Says Investments Wiped Out By Legit Trading Losses
An investment fund that lost a client's money trading on the foreign exchange market has denied running a scam, claiming it owes the investor nothing because the losses were part of normal day-to-day trading.
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July 08, 2024
Trader Denies Knowingly Making False Cum-Ex Trades
A British trader who has been convicted of defrauding Denmark in a sham tax reclaim scheme on Monday testified before a London court that he did not knowingly make false trades in order to make fraudulent tax refund applications, in a landmark £1.4 billion ($1.8 billion) trial.
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July 08, 2024
Council's Whistleblowing Investment Head Unfairly Sacked
An English city council official has won his whistleblowing detriment and unfair dismissal claim against his former employer after he was fired for conduct unrelated to his concerns that a fellow director encouraged a contractor to bring legal action against the council.
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July 08, 2024
Aga Proves Converted Cooker Marketing Infringed TM
Stove manufacturer Aga has won its claim for trademark infringement against a company selling electronic conversion kits for its ovens, persuading a London court that its marketing wrongly suggested that the two businesses were linked.
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July 08, 2024
NIG Sued By Asset Manager Over £4M Fire Destruction
Parker Asset Management Ltd. has sued a subsidiary of U K Insurance Ltd. for allegedly failing to honor an insurance policy after a fire destroyed one of the firm's commercial properties and resulted in a loss of about £4.2 million ($4.5 million).
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July 05, 2024
Truckmakers Can Use Pass-On Defense In Price-Fixing Case
European truck manufacturers can argue that local U.K. authorities suing them over a price-fixing cartel passed the inflated costs allegedly paid for vehicles on to residents through tax and service charges, a tribunal ruled Thursday.
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July 05, 2024
Legal Teams' Costs Slashed By £253M In UK Dieselgate Case
Legal teams involved in unprecedented U.K "Dieselgate" vehicle emissions tests litigation had more than £250 million ($320 million) of their budgets slashed on Friday after a High Court judge ruled that the estimated costs were "out of all proportion".
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July 05, 2024
Xiaomi Won't Get Interim 4G Patent License From Panasonic
A London court on Friday declined to award Xiaomi an interim license to use Panasonic's 4G tech ahead of the companies' upcoming patent trial, ruling that Panasonic is not acting in bad faith by holding out for better terms.
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July 05, 2024
Bitcoin Fraudster Gets £1.5M Of Assets Frozen
A London court on Friday froze assets worth over £1.5 million ($1.9 million) belonging to Craig Wright, the man who falsely claimed to be the inventor of bitcoin, to cover the costs of a cryptocurrency podcaster who had to defend against Wright's defamation allegation.
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July 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.
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July 05, 2024
Matrix KC Richard Hermer Tapped For Attorney General
Matrix Chambers' human rights barrister Richard Hermer KC will serve as the U.K.'s attorney general in a surprise appointment from newly-elected Prime Minister Keir Starmer late Friday.
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July 05, 2024
Signature Litigation Partner Elected To ICC
An international arbitration partner at Signature Litigation has been elected to the International Chamber of Commerce to represent Ethiopia for the next three years.
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July 05, 2024
Recruiting Co. Fights To Overturn Redundancy Fairness Loss
A recruitment company urged a London appellate court on Friday to overturn a ruling that the company botched a redundancy process when it decided to fire an employee three weeks before the start of the consultation process, arguing that the employee had not pushed for an alternative.
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July 05, 2024
Amazon Worker Loses COVID-19 Whistleblowing Case
A tribunal has rejected an Amazon warehouse worker's claims that she was sacked for complaining of being forced to work while infected with COVID-19, ruling that the company chose not to extend her fixed-term contract for other reasons.
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July 05, 2024
Shabana Mahmood Named Labour's New Justice Secretary
Prime Minister Keir Starmer named former barrister Shabana Mahmood as the Labour government's new justice secretary on Friday following a sweeping victory in the U.K. general election.
Expert Analysis
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UPC Revocation Actions Offer An Attractive Patent Strategy
As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.
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Pension Plan Amendment Power Lessons From BBC Ruling
The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.
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5 Takeaways For Litigants From Early EU Patent Court Ruling
One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.
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What To Know About The EU Residency Scheme Changes
The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.
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High Court Dechert Ruling Offers Litigation Privilege Lessons
While the recent High Court ruling in Al Sadeq v. Dechert LLP, which concerned torture conspiracy allegations against the firm, held that litigation privilege can be claimed by a nonparty to proceedings, the exact boundaries of privilege aren't always clear-cut and may necessitate analyzing the underlying principles, says Scott Speirs at Norton Rose.
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What To Know About AI Fraudsters Before Facing Disputes
The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.
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UK Insolvency Reform Review Shows Measures Are Working
The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.
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More UK Collective Actions On The Horizon After Forex Ruling
A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.
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How Russia Sanctions May Complicate Contract Obligations
Against the backdrop of recent comprehensive sanctions against Russia and Belarus, a review of recent U.K. case law clarifies that certain force majeure clauses likely cover trade sanctions, and that future litigation will further develop the scope of force majeure and frustration in the context of sanctions, says Frances Jenkins at Quillon Law.
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New Guidance Offers Clarity For Charities On ESG Investing
The need for charities to understand investing in line with environmental, social and governance aspirations has never been more pressing, and recently updated U.K. Charity Commission guidance should give trustees confidence to make decisions that are right for their organization, says Robert Nieri at Shoosmiths.
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Taking Stock Of Company Climate Duties After ClientEarth
Despite the High Court's recent dismissal of ClientEarth v. Shell, the case nonetheless has key consequences for companies that are susceptible to being targeted by nonprofit activists as environmental, social and corporate governance lawfare continues, says Dan Harris at Chancery Advisors.
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Copyright Cheat Sheet: Finding Substantially Similar Songs
Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.
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Lessons On Cricket Patent History And IP Protection At UPC
On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.
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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.