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Commercial Litigation UK
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June 12, 2024
Gymbox Owner Takes Hit In Wage Spar With Ex-Trainer
London's Gymbox chain must face claims that it owes a personal trainer unpaid wages after an employment tribunal found that the instructor wasn't self-employed during specific tasks, despite contracts indicating that he was.
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June 12, 2024
Automakers Safe From French Law In 'Dieselgate' Disclosure
Vehicle manufacturers including Renault and Peugeot Citroen that face thousands of "dieselgate" claims for allegedly cheating car emission tests are not at any risk of criminal prosecution in France while disclosing evidence before trial in England, a London court has ruled.
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June 12, 2024
Argentina Loses Appeal Over €1.3B Payment In Bonds Dispute
Argentina cannot avoid paying out €1.3 billion ($1.4 billion) to bondholders for wrongly adjusting the way it calculates yields for government securities as a London appeals court rejected on Wednesday its construction of a contractual dispute.
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June 12, 2024
Google's GPay TM Gets Declined In Europe
Google lost its appeal on Wednesday after seeking to revive its "GPay" trademark for electronic payment services as a European court ruled that a Bulgarian rival had already cornered the digital market with "ePay."
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June 12, 2024
Female Marketer Unfairly Barred From Meeting Over Gender
A wastewater company harassed its marketing director based on her sex by banning her from a meeting with a Japanese prospective buyer because of the East Asian country's perceived culture of eschewing women in such scenarios, a tribunal has ruled.
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June 12, 2024
Recruitment Agency Boss Wins Libel Appeal At Top UK Court
A recruitment boss and her agency won an appeal against a former employee's libel claims on Wednesday as the highest U.K. court ruled that claimants cannot recover damages for injury to feelings if they do not also suffer financial loss.
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June 11, 2024
PC Gaming Giant Valve Faces £656M Action For Overcharging
Valve Corp., owner of the world's largest video game distribution platform, Steam, has been hit with a proposed £656 million ($836 million) class action for allegedly overcharging 14 million PC gamers in the U.K., the digital rights campaigner filing the claim announced Wednesday.
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June 11, 2024
UniCredit Overturns $69M Plane Payment Sanctions Ruling
UniCredit was entitled to withhold $69.3 million in payments to lessors for Russian planes because of sanctions, a London appellate court ruled Tuesday, partly overturning findings that it was not reasonable for the bank's U.K. branch to believe it could not make the payments.
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June 11, 2024
KC Advised Post Office To Remove Judge From Horizon Trial
A top barrister advised the Post Office to get a High Court judge to recuse himself from a trial dealing with wrongly prosecuted subpostmasters or else risk losing all litigation brought by the subpostmasters, the barrister recalled in an inquiry hearing Tuesday regarding the scandal.
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June 11, 2024
Lenovo Knocks Bid To 'Treble' Payment For SEPs
Lenovo hit back at InterDigital's contentions that a landmark patent ruling underestimated what the Chinese company should pay to license its essential wireless technology patents, claiming that the bid to "essentially triple" the sum should be thrown out.
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June 11, 2024
Alaska Airlines Loses Fight To Dodge $160M Virgin Royalties
Alaska Airlines lost its fight against Virgin on Tuesday to avoid paying $160 million in royalties, with a London appeals court ruling that the carrier still had to pay even if it did not use Virgin's branding.
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June 11, 2024
Tories Pledge To Tackle Court Backlog, Carry On Rwanda Plan
The Conservative Party announced a slew of justice plans on Tuesday to cut the criminal court backlog, support third-party litigation funding and abandon international human rights commitments, if necessary, to pursue its Rwanda migrants policy.
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June 11, 2024
Surgeon Fights To Overturn Loss In Race Discrimination Case
A surgeon urged the Court of Appeal on Tuesday to revive his race discrimination claim against the medical profession's regulator, arguing that an appellate tribunal was wrong to find that an investigation into him was not racially motivated.
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June 11, 2024
Deutsche Bank Trader Fights For Compensation 'Assurances'
Deutsche Bank executives gave "assurances" about compensation that the lender must now abide by, a former trader told the High Court in London on Tuesday as she sued for breach of contract.
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June 11, 2024
Serco Denies Directors Knew Of Fraud In Securities Trial
Serco Group PLC denied investors are entitled to compensation over a fraud that caused the outsourcing giant's share price to nosedive, arguing on the second day of a London trial Tuesday that none of its directors had known about the alleged wrongdoing.
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June 11, 2024
Tesco Loses Race Bias Claim Over Vibrator Joke Gift
Tesco discriminated against a British Pakistani manager by rushing through a misconduct investigation after the manager gave a vibrator as a secret Santa gift and other allegedly harassing incidents, an employment tribunal has ruled.
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June 11, 2024
Widow Who Signed Docs 'Without Reading' Still Owes $64M
A London appellate court has ruled that a former Hong Kong resident can't escape a personal guarantee to pay 500 million Hong Kong dollars ($64 million) to cover bonds issued by her husband's company, in part because she entered the contract for business purposes.
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June 18, 2024
Fieldfisher Hires Linklaters RE Pro To Open Brussels Practice
Fieldfisher LLP has hired a real estate specialist from Linklaters LLP to launch a new practice in Belgium as it ramps up its services to clients in transactional matters and litigation.
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June 11, 2024
Royal Mail Accused Of Monopoly In Address Database Dispute
A software developer has hit back at Royal Mail's copyright infringement claim, accusing the postal service of holding a monopoly over the market for address searching software in the U.K.
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June 11, 2024
NHS Board Discriminated Against 'Antivaxxer' Sonographer
A National Health Service board harassed a sonographer and discriminated against her after her inability to wear a face mask during the COVID pandemic led bosses to label her an "antivaxxer," a tribunal has ruled.
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June 11, 2024
LC&F Administrators Attack Ex-Boss' Credibility In Ponzi Case
The administrators of London Capital & Finance PLC have criticized the company's former head as a "thoroughly unreliable witness" as they closed their case that he and others operated the business as a £237 million ($302 million) Ponzi scheme.
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June 11, 2024
BHS Directors To Pay Liquidators £18M For Wrongful Trading
A London judge ordered two former directors of failed retail chain BHS on Tuesday to pay liquidators at least £18 million ($23 million) after finding that they knew that the company was beyond rescue when it was purchased in 2015.
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June 11, 2024
IBM Worker Off Sick For 10 Years Loses Pay-Rise Appeal
A disabled IBM worker has lost his appeal in a claim that he was entitled to a pay rise because he remained employed by the global technology company during his decade-long medical retirement, an appellate tribunal has ruled.
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June 10, 2024
University, Astellas Fight To Keep Prostate Cancer Patent
The University of California's governing board clashed with three generic-drug makers trying to revoke the institution's patent for a prostate cancer drug in a London court Monday, arguing that the institution's patent should be ruled to be innovative and not obvious.
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June 10, 2024
InterDigital Says Court Lowballed Lenovo FRAND Rate
Counsel for InterDigital told a London appeals court Monday that a trial judge failed to adjust for "heavy discounts" on past sales when determining a fair, reasonable and non-discriminatory licensing rate for Lenovo to pay for a suite of its essential wireless technology patents.
Expert Analysis
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6 Key Factors For Successful Cross-Border Dispute Mediation
The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.
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EU Ruling Highlights Strategic Benefits Of Patent Appeals
The European Patent Office board of appeal recently reversed the examining board's ruling in an application by LG Electronics, highlighting how applicants struggling to escape conflicting objection traps at the examination level can improve their chances of a positive outcome with an appeal, says Andrew Rudhall at Haseltine Lake.
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UK Tech Cases Warn Of Liability Clause Drafting Pitfalls
The recent U.K. High Court cases Drax Energy Solutions v. Wipro and EE v. Virgin Mobile Telecoms indicate a more literal judicial approach to construing limitations of liability, even when this significantly limits a claimant's recoverable damages, highlighting the importance of carefully drafted liability provisions, say Helen Armstrong and Tania Williams at RPC.
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Series
In A 'Barbie' World: Boosting IP Value With Publicity Machines
Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
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EU Directive Implementation Facilitates Class Action Shift
Lawyers at Faegre Drinker discuss the increase in class and consumer action filings leading up to the implementation of the EU's Collective Redress Directive, and predict that certain aspects of the directive will result in a pro-claimant landscape that may mirror that of the U.S. and other common law countries.
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Swiss Privacy Law Reforms Present Divergences From GDPR
The differences between Switzerland’s recently reformed Federal Act on Data Protection and the EU's General Data Protection Regulation, particularly around data breach reporting and the liability of company officers, will need to be carefully managed by multinationals that may have competing obligations under different laws, say Kim Roberts and Vanessa Alarcon Duvanel at King & Spalding.
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EU Antitrust Rules Set To Pose Challenges To US Businesses
With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.
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Navigating The Rising Threat Of Greenwashing Enforcement
Recent high-profile cases before the Danish Consumer Ombudsman are a signal that authorities are ready to take robust action against greenwashing, and with a likely increase in the stringency of laws and severity of penalties, it is vital that businesses promoting their sustainable credentials do so in a compliant manner, says Lars Karnøe at Potter Clarkson.
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New Legislation May Not Be Needed For Recovery Of Crypto
The recent seizure of cryptocurrency under a civil recovery order raises the issue of whether extended powers under the forthcoming Economic Crime Bill are necessary, with the ability to seize crypto-related items that may be the subject of a search order more likely to be of assistance, says Nicola McKinney at Quillon Law.
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Opinion
Russia Ruling Should Lead UK To Review Sanctions Policy
The High Court's recent dismissal of the first-ever court challenge to Russian sanctions in Shvidler v. Secretary of State sets a demanding standard for overturning designation decisions, highlighting the need for an independent review of the Russia sanctions regime, says Helen Taylor at Spotlight on Corruption.
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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.