Commercial Litigation UK

  • November 13, 2024

    Dispute Over Time Limits Includes Cargo Misdelivery Claims

    The top U.K. court ruled Wednesday that international shipping rules which impose a one-year time limit on claims brought against cargo carriers have a "wide wording" and do apply to disputes stemming from the misdelivery of goods after they have left the vessel.

  • November 13, 2024

    Ukraine Border Service Can't Get EU TM For War Slogan

    A European Union court ruled Wednesday that Ukraine's border guard service cannot have trademark protection for its unofficial war slogan, "Russian Warship, Go F**k Yourself," as it agreed with trademark officials that the phrase is too political.

  • November 13, 2024

    Watchdog Mulls Extension For Motor Financing Complaints

    Britain's financial watchdog said Wednesday it plans to consult on extending the time motor finance firms have to respond to consumer complaints about commission arrangements, following a recent Court of Appeal ruling on non-discretionary commissions.

  • November 13, 2024

    EU Court Upholds Vodafone's €18.4B Liberty Global Deal

    The European Union's second-highest court has dismissed a challenge brought by three German telecommunications companies against Vodafone's €18.4 billion ($19.6 billion) acquisition of Liberty Global's activities in Germany, upholding on Wednesday the European Commission's backing of the deal in 2019.

  • November 13, 2024

    Sky Registered Trademarks In Bad Faith, Top UK Court Rules

    The U.K.'s highest court ruled Wednesday that media giant Sky registered some of its trademarks in bad faith, a landmark decision that seeks to rein in scattershot trademark filing practices for rights holders.

  • November 13, 2024

    Employers Can't Rectify Collective Contracts, Top Court Rules

    Rail operator Nexus is not entitled to change a pay clause in a collective agreement with its employees' unions because that agreement is not a contract open to rectification, Britain's highest court ruled Wednesday on the decadelong dispute.

  • November 12, 2024

    Ex-CBA Chief Jo Sidhu Loses Privacy Bid In Harassment Case

    The former chair of the Criminal Bar Association on Tuesday lost his bid to have a sexual harassment case against him heard behind closed doors, with a disciplinary tribunal ruling that the case should be held in public.

  • November 12, 2024

    Designers Face Tough Battle To Secure UK IP After WaterRower

    A London judge's ruling that U.K. law requires designers to clear a higher bar for copyright protection than the European Union applies leaves creatives from high-end fashion houses to luxury homegoods makers in a tight spot unless lawmakers step in.

  • November 12, 2024

    Forsters, Ex-Bank Lawyer Avoid Case Of Failed Property Deal

    Forsters LLP and a former Bank of Tokyo-Mitsubishi lawyer have avoided being sucked into a philanthropist's £3.5 million ($4.7 million) legal battle over a collapsed property deal.

  • November 12, 2024

    Indian Bank Seeks $83M Loan Repayment From Shipping Co.

    IBDI Bank Ltd. claimed it is owed $83 million by the guarantor of a loan at the center of a criminal investigation in India, arguing at a London court trial Tuesday that a letter of comfort issued by the company controlling the borrower should be treated as a legally binding contract.

  • November 12, 2024

    VistaJet Owner Loses Appeal To Block Tech Venture Claim

    The Court of Appeal has rejected further efforts by the owner of one of the world's biggest private jet firms to block legal claims that he defrauded a Guernsey tech venture capital fund two decades ago.

  • November 12, 2024

    Social Care Biz Says Education Org Infringed 'Inicio' TM

    A children's social care business has accused an educational trust of infringing its "Inicio" trademark, telling a London court that its use of an identical name risks confusing consumers.

  • November 12, 2024

    Biffa Sues Contractor For £2M Over Waste Scheme Tax Scam

    Biffa is suing one of its contractors for £2.2 million ($2.8 million) for allegedly conspiring with two other waste management companies to disguise their waste in a scheme to secure lower tax rates.

  • November 12, 2024

    Digital Money Issuer Hits Dutch Co. For €4.7M Liability

    A London-based electronic money issuer has sued a Dutch payment service provider for almost €4.7 million ($5 million), alleging that it had failed to meet its obligations under their card issuance and settlement agreement.

  • November 12, 2024

    Chaplain Loses Bishop Disciplinary Challenge In LGBT Row

    A chaplain who criticized his school's LGBT inclusivity policy failed on Tuesday in his attempt to challenge a decision not to refer the bishop who marked him as a safeguarding risk to a disciplinary tribunal.

  • November 12, 2024

    Pensions Regulator Can't Defend Claims After Delayed Reply

    A case manager can seek a default judgment in his claim for unfair dismissal and disability bias after an employment tribunal ruled that the U.K.'s pensions agency couldn't justify filing its defense 53 days late.

  • November 12, 2024

    NHS Medic Loses Appeal Over Health & Safety Whistleblowing

    A paramedic has failed to convince a London appeals judge that a National Health Service trust punished him for blowing the whistle on an emergency call handler's health and safety failings.

  • November 12, 2024

    Shell Gets Dutch Climate Emissions Ruling Overturned

    A Dutch appeals court has overturned a landmark ruling that ordered Shell to reduce its carbon emissions, finding on Tuesday that there was no "social standard of care" requiring the oil and gas producer to meet legally imposed climate targets.

  • November 12, 2024

    Ex-HR Worker Loses Appeal Over Disability Evidence

    An appellate tribunal has ruled that a former human resources assistant cannot pursue his claims for disability discrimination against a forestry agency owned by the Scottish government, finding that there was not enough evidence to prove his alleged disability of depression.

  • November 11, 2024

    Lloyd's Syndicate Sued Over Unpaid Subsidence Claim

    A Bedfordshire property owner has sued a Lloyd's of London syndicate for allegedly failing to pay out over £1 million ($1.3 million) to cover the cost of fixing damage caused by subsidence.

  • November 11, 2024

    Lawyer Can't Sue Child Abuse Inquiry Members For Bias

    A lawyer for an inquiry into Scottish child abuse has lost his bid to bring discrimination claims against the chair and chief executive of the investigation, as an employment tribunal ruled that he did not benefit from employment protections.

  • November 11, 2024

    HMRC To Refund £700M To Businesses After ECJ Ruling

    Britain's tax authority is expected to pay £700 million ($900 million) in refunds to ITV PLC and several other companies after the U.K.'s successful appeal at the European Union's highest court over tax breaks for controlled foreign companies.

  • November 11, 2024

    Barings Lawyers Cleared Of Misleading Clients In SRA Case

    A tribunal has dismissed a case against two senior lawyers at the consumer finance firm Barings Ltd. who were accused of misleading clients over payday loans claims and sending out letters on behalf of fictional clients, including Mickey Mouse.

  • November 11, 2024

    Rival Amazon Claims Compete To Lead Retailers' Class Action

    Lawyers representing two proposed rival class actions faced off at the Competition Appeal Tribunal on Monday as they vie to represent thousands of third-party Amazon retailers that claim the technology giant abuses its dominant position to boost its sales.

  • November 11, 2024

    Motorola Fights UK Watchdog's Emergency Network Price Cap

    Motorola asked the appellate court Monday to toss a decision by the antitrust watchdog that restricted how much the tech giant can charge Britain's emergency services to use its Airwave network, saying the limitation was based on errors in market calculations.

Expert Analysis

  • The Art Of Corporate Apologies: Crafting An Effective Strategy

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    Public relations challenges often stop companies from apologizing amid alleged wrongdoing, but a recent U.K. government consultation seeks to make this easier, highlighting the importance of corporate apologies and measures to help companies balance the benefits against the potential legal ramifications, says Dina Hudson at Byfield Consultancy.

  • What UK Supreme Court Strike Ruling Means For Employers

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    Although the U.K. Supreme Court recently declared in Mercer v. Secretary of State that part of a trade union rule and employees' human rights were incompatible, the decision will presumably not affect employer engagement with collective bargaining, as most companies are already unlikely to rely on the rule as part of their broader industrial relations strategy, say lawyers at Baker McKenzie.

  • Taking Stock Of The Latest Criminal Court Case Statistics

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    The latest quarterly statistics on the type and volume of cases processed through the criminal court illustrate the severity of the case backlog, highlighting the need for urgent and effective investment in the system, say Ernest Aduwa and Jessica Sarwat at Stokoe Partnership.

  • Hugh Grant Case Raises Questions About Part 36 Offers

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    Actor Hugh Grant's recent decision to settle his privacy suit by accepting a so-called Part 36 offer from News Group — to avoid paying a larger sum in legal costs by proceeding to trial — illustrates how this legal mechanism can be used by parties to force settlements, raising questions about its tactical use and fairness, says Colin Campbell at Kain Knight.

  • Accounting For Climate Change In Flexible Working Requests

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    Although the U.K. government's recent updates to the country's flexible working laws failed to include climate change as a factor for evaluating remote work requests, employers are not prohibited from considering the environmental benefits — or drawbacks — of an employee's request to work remotely, say Jonathan Carr and Gemma Taylor at Lewis Silkin.

  • Opinion

    New Property Category Not Needed To Regulate Digital Assets

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    The U.K. Law Commission's exploration of whether to create a third category of property for digital assets is derived from a misreading of historical case law, and would not be helpful in resolving any questions surrounding digital assets, says Duncan Sheehan at the University of Leeds.

  • Employer Lessons From Red Bull's Misconduct Investigation

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    Red Bull’s recent handling of a high-profile investigation into team principal Christian Horner’s alleged misconduct toward a colleague serves as a reminder of the importance of thorough internal grievance and disciplinary processes, and offers lessons for employers hoping to minimize media attention, say Charlotte Smith and Adam Melling at Walker Morris.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • Pharma Remains A Key Focus Of EU Antitrust Enforcement

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    The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.

  • Employment Tribunal Fee Proposal Raises Potential Issues

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    The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.

  • ECHR Climate Rulings Hint At Direction Of Future Cases

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    Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • What UK Energy Charter Treaty Exit Would Mean For Investors

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    While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.

  • What To Know About The Russia-Stranded Plane Ruling

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    The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.

  • Uber Payout Offers Employer Lessons On Mitigating Bias

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    Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

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