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Commercial Litigation UK
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October 07, 2024
Underwriter Rejects €1.6M Contract Cancellation Claim
A German underwriter has said it is not liable for €1.6 million ($1.75 million) in damages claimed by a Liechtenstein-based insurer that alleges it failed to end contracts correctly, saying it did not have a duty to record their termination.
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October 07, 2024
LME Beats US Hedge Fund's Appeal Over $12B Nickel Trade
A London court has dismissed a U.S. hedge fund's appeal against a decision by the London Metal Exchange to cancel more than $12 billion in nickel trades, ruling on Tuesday that its actions were lawful, justified and proportionate.
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October 07, 2024
Worker Wins Claim She Was Harassed By Offers Of Support
A water supplier has been held liable for harassing a former employee over a manager's well-meaning attempts to help her return to work after several absences through sickness.
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October 07, 2024
SFO Nears Settlement With ENRC Over Media 'Leaks'
Eurasian Natural Resources Corp. and the Serious Fraud Office said Monday that they have reached a tentative settlement ending their legal battle over claims that SFO officials fed investigative journalists confidential information about the agency's criminal probe into ENRC.
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October 04, 2024
GP's 'Old Knacker' Comments Harassed Manager, Tribunal Says
A general practice labeled one of its managers a druggy for taking antidepressants and continuously harassed her to the point where she felt forced to quit, an employment tribunal has ruled.
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October 04, 2024
Simply Naturals Sues Former Director, Claiming TM Grab
Simply Naturals has accused a former director of trying to steal its "sizzling minerals" trademark, claiming in a London court that he was threatening to bring infringement proceedings despite transferring the name rights years ago.
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October 04, 2024
Former TUI Pilot Loses Health Insurance Employment Claim
A former TUI Airways Ltd. pilot did not have the right to receive permanent health insurance benefits until the state pension age of 66 because his contractual retirement age was 65, an employment tribunal has ruled.
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October 04, 2024
GB News Can't Halt Ofcom Sanction Over Sunak Q&A
GB News can't prevent the U.K.'s broadcasting regulator from publishing a sanction for breaching impartiality rules in a Q&A program with former Prime Minister Rishi Sunak, a London court ruled Friday while also giving the channel a green light to challenge the watchdog's finding.
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October 11, 2024
Covington Adds Mishcon Insurance Litigation Pro In London
Covington & Burling LLP has hired a dispute specialist as a partner to its global insurance practice group in London to lead the firm's policyholder disputes practice.
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October 04, 2024
Barristers Lose Appeal Over Fees For Adjourned Trial
Two barristers have failed to overturn a ruling that they were not entitled to the majority of approximately £150,000 ($196,800) in fees to act in a £20 million trial after a London appellate court ruled that the contract underpinning the fees was a "one-sided arrangement."
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October 04, 2024
CAT Head Stepping Down After Love Letter To Junior Staffer
The president of the Competition Appeal Tribunal is leaving his post, the judiciary announced this week — two months after he received a serious warning for misconduct for declaring his love to a junior staff member in a handwritten note.
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October 04, 2024
WealthTek Distribution Plan Was Approved For Expediency
England's High Court had the power to approve a plan to distribute client assets held by collapsed wealth manager WealthTek LLP even though the plan does not conform with investors' "strict rights" to their investment, a judge said Friday in giving his full reasons for sanctioning the plan earlier this year.
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October 04, 2024
Google Director Denies 'Shorts' Is Brand In Trademark Fight
A senior Google director said Friday during questioning in a London trial that the tech giant's 'YouTube Shorts' video platform does not function as a brand in isolation, contradicting the accusation of the international film distributor behind ShortsTV that the moniker infringed its trademarks.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 04, 2024
FIFA Transfer Rules Limit Movement In Breach Of EU Law
The transfer rules laid down by the world footballing body that force players and their new clubs to compensate their former employers when they cut their contract to switch teams hinder competition and restrict players' freedom of movement, the European Union's top court ruled Friday.
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October 04, 2024
SFO Squares Off With ENRC Again In Media 'Leaks' Trial
ENRC's decade-long legal onslaught against the Serious Fraud Office resumes at trial in London on Monday over allegations its officials fed investigative journalists confidential information to boost its ill-fated corruption probe into the Kazakh miner.
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October 04, 2024
Injury Claims Made Through Irish Board Rose 10% In 2023
Personal injury claims made to the Irish government grew 9.8% in 2023 over the previous year, the Injuries Resolution Board said Friday, citing a rise in road traffic accident claims.
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October 04, 2024
Thyssenkrupp, Tata Lose Fight Against EU Joint Venture Veto
Europe's highest court ruled Friday that the European Commission was right to block plans by Thyssenkrupp and Tata Steel to jointly acquire a steel products venture under the antitrust rules of the bloc.
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October 04, 2024
Bahamian Bank Claims No Fault In $3M Loan Row
A Bahamian bank has argued it did not breach a $3 million loan agreement with a director of an American biotech company, arguing the deal was justifiably terminated and that it does not owe him $15 million for any alleged losses.
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October 04, 2024
Bahrain Loses State Immunity Bid In UK Spyware Claim
The Court of Appeal ruled Friday that two Bahraini dissidents can bring a damages claim in the U.K. against the Gulf state for alleged psychiatric injury stemming from the discovery that their laptops had been hacked with spyware.
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October 03, 2024
Panasonic Chided For 'Indefensible' Conduct In FRAND Case
A London appeals court ruled Thursday that Panasonic did not act in good faith in licensing talks with Xiaomi for its suite of telecom patents, calling the Japanese tech giant's conduct during licensing negotiations "indefensible."
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October 03, 2024
Joyvio's British Salmon Fraud Claim Moved To Chile
A London court ruled Thursday that a dispute between Chinese food giant Joyvio Group and the former owner of one of its salmon-farming businesses in England over the alleged artificial inflation of the value of the company should be heard in Chile.
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October 03, 2024
Putin Seized Planes In Political Act, Insurers Say At UK Trial
A group of aviation insurers are fighting to limit potential payouts for aircraft stranded in Russia, telling a London court on Thursday that orders from Russian President Vladimir Putin kept hundreds of Western-owned planes from being returned to their lessors in a political act after sanctions were imposed.
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October 03, 2024
Health Worker Unable To Rescind Resignation Wins Claim
A support worker at an adult care provider proved she was victimized for complaining about bias in the workplace but couldn't sway the employment tribunal to rule that discrimination had actually taken place.
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October 03, 2024
Lufthansa Demands Profits From Power Outlet Patent Breach
Lufthansa claimed in a London trial Thursday that three avionics companies found to have infringed its patent on a method of allowing airline passengers to access power outlets should turn over all profits from sales of the infringing system.
Expert Analysis
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Building Safety Ruling Offers Clarity On Remediation Orders
The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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EU Report Is A Valuable Guide For Data Controllers
The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Employers Can 'Waive' Goodbye To Unknown Future Claims
The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.
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AI Inventorship Patent Options After UK Supreme Court Ruling
The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.
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Ruling Elucidates Tensions In Assessing Employee Disability
An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.
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What Extending Corporate Liability Will Mean For Foreign Cos.
Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.
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Cos. Should Weave Metaverse Considerations Into IP Strategy
In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.
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ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring
A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.
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Economic Crime Act Offers Welcome Reform To AML Regime
The Economic Crime and Corporate Transparency Act exemption for mixed-property transactions that came into force on Jan. 15 as part of the U.K.'s anti-money laundering regime is long overdue, and should end economic harm to businesses, giving banks confidence to adopt a more pragmatic approach, say Matthew Getz and Joseph Fox-Davies at Pallas Partners.
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What Venice Swaps Ruling Says About Foreign Law Disputes
The English appeals court's decision in Banca Intesa v. Venice that the English law swaps are valid and enforceable will be welcomed by banks, and it provides valuable commentary on the English courts' approach toward the interpretation of foreign law, say Harriet Campbell and Richard Marshall at Penningtons Manches.
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Key Litigation Funding Rulings Will Drive Reform In 2024
Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.