Commercial Litigation UK

  • October 07, 2024

    'Petsure' Appeal Levels Bar For Actual Confusion

    A recent appellate court ruling holding that a pet insurance company's name was too similar to its rival's trademark spells good news for trademark pros, who feared that the initial ruling in the case would set the burden of evidence for actual confusion too high.

  • October 07, 2024

    Pinsent Masons Snags DLA Piper Construction Disputes Pro

    Global law firm Pinsent Masons LLP said Monday it has hired a DLA Piper international arbitration lawyer in London who advises clients on construction, engineering and infrastructure disputes.

  • October 07, 2024

    Walker Crips Must Classify Investment Manager As Worker

    An investment manager on Monday won his bid for worker status after an employment tribunal ruled that a lax agreement with Walker Crips giving him free rein over his hours and investment style didn't mean he owned a separate business.

  • October 07, 2024

    Putin Helped Airlines Survive, Insurers Say In Stranded Jets Trial

    The Russian government did not order the country's private airlines to retain aircraft after Western sanctions were imposed, a group of insurers argued at trial Monday, but instead facilitated the necessary conditions for its aviation industry to survive.

  • October 07, 2024

    Ukraine Utility Fights Russia's Stay Bid In $208M Award Suit

    A Ukrainian electric utility has urged a D.C. federal court not to pause its lawsuit seeking to enforce a nearly $208 million arbitral award it won after the Kremlin seized its Crimean assets, arguing that Russia's stay motion is a transparent delay tactic.

  • October 07, 2024

    Rosenblatt Rejects Negligence Claims Over Jaeger Collapse

    Rosenblatt Solicitors has denied being negligent in its handling of a claim for a fashion retail entrepreneur against Lloyds Bank over the bank's alleged role in the demise of fashion brand Jaeger, arguing it had to take a narrow focus to bolster the weak case.

  • October 07, 2024

    Carmakers Say UK 'Dieselgate' Claims Twisting German Law

    Automakers accused U.K. motorists of opportunism on Monday in a preliminary battle over German law in the first major London court hearing over litigation alleging emissions test cheating devices were fitted into their cars.

  • October 07, 2024

    Covington UK White Collar Chief Heads To Litigation Boutique

    Covington & Burling LLP's former co-head of white collar defense for Europe joined litigation boutique Quillon Law LLP on Monday to boost its capabilities in major fraud cases and investigations.

  • October 07, 2024

    Man City, Premier League Both Claim Victory In Legal Battle

    The Premier League's sponsorship rules breach U.K. competition law, a tribunal held in a decision published Monday, which prompted both the league and Manchester City Football Club to claim victory in their legal battle over the regulations.

  • October 07, 2024

    Firm's Boss Misled Insurer Over Suspended Lawyer, SRA Says

    The solicitors' watchdog told a disciplinary tribunal Monday that the boss of a law firm misled insurers to cover up employing a lawyer who was banned from handling client accounts.

  • October 07, 2024

    Meta Loses Second Bid To Ax £2.3B Data Misuse Class Action

    Meta has failed in its second attempt to challenge a decision by Britain's antitrust tribunal to allow a £2.3 billion ($3.1 billion) class action accusing the Facebook owner of exploiting its users' data, as an appeals court ruled Monday that the "complex" issues should be determined at trial.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    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.

  • Building Safety Ruling Offers Clarity On Remediation Orders

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    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.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    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.

  • EU Report Is A Valuable Guide For Data Controllers

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    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.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    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.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    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.

  • Employers Can 'Waive' Goodbye To Unknown Future Claims

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    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.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    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.

  • Ruling Elucidates Tensions In Assessing Employee Disability

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    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.

  • What Extending Corporate Liability Will Mean For Foreign Cos.

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    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.

  • Cos. Should Weave Metaverse Considerations Into IP Strategy

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    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.

  • ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring

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    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.

  • Economic Crime Act Offers Welcome Reform To AML Regime

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    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.

  • What Venice Swaps Ruling Says About Foreign Law Disputes

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    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.

  • Key Litigation Funding Rulings Will Drive Reform In 2024

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    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.

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