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Commercial Litigation UK
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September 05, 2024
Notary Authorizing Russian Sale Doesn't Breach Sanctions
A notary does not breach European Union sanctions on Russia when they authenticate the sale of a property owned by a Russian firm, because they act as an independent holder of a public office, an EU court ruled Thursday.
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September 05, 2024
Investors Claim £12.6M Bank Investment Started With A Lie
An investment company and its owner have sued two business partners for more than £12.6 million ($16.6 million) paid to set up a specialist bank, accusing the pair of lying by saying less than half that amount would be needed to get the bank off the ground.
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September 05, 2024
Lawyer Fined For Sending COVID Threat Letters To Schools
A solicitor who sent hundreds of threats of legal action to schools in an attempt to stop them implementing measures against the COVID-19 pandemic was fined £2,500 ($3,290) by a tribunal Thursday.
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September 05, 2024
CNN Wins Chance To Appeal Venue Challenge Loss
CNN's international arm won a chance to appeal the dismissal of its jurisdiction challenge against its former international correspondent Saima Mohsin's unfair dismissal, equal pay and discrimination claim Thursday, after a London judge ruled that it had an arguable case the decision was incorrect.
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September 12, 2024
Squire Patton Hires Disputes Pro From Eversheds Sutherland
Squire Patton Boggs LLP has said that a former trainee who specializes in commercial disputes has returned to the firm as a partner in its office in Birmingham, as it continues to expand its litigation practice across the U.K.
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September 05, 2024
Worker With Depression Wins Case Over Office Return Delay
A city council officer who has depression won her disability discrimination case after an employment tribunal ruled that bosses should have done more to support her when the COVID-19 pandemic disrupted the office environment.
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September 05, 2024
Ex-Capsticks Partner Accused Of Hiding Costs From Client
A former housing partner at Capsticks Solicitors LLP must face a disciplinary tribunal for allegedly concealing an error he made during court proceedings that meant a client was required to pay costs to an opponent, the Solicitors Regulation Authority has said.
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September 05, 2024
Council Discriminated Against Worker By Axing Contract Early
A local council discriminated against an agency social worker who had endometriosis by axing her contract early amid sporadic absences through sickness, an appeals tribunal ruled on Thursday.
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September 05, 2024
The 1975 'Did Not Know' On-Stage Kiss Would Cancel Gig
British rockers The 1975 have hit back against a £1.9 million ($2.5 million) claim by the organizers of a Malaysian music festival, arguing that they could not have known that an onstage same-sex kiss would have caused the event to be canceled.
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September 04, 2024
BNP Paribas Seeks To Move VietJet Litigation To UK
BNP Paribas SA has pushed to move a claim filed by VietJet Aviation to the English courts, arguing that disputes over their financial agreements with the Vietnamese low-cost airline belong in England, not Vietnam.
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September 04, 2024
Tribunal OKs NHS Staffer's Disability And Race Bias Case
A tribunal has given a former NHS trust employee the green light to bring a series of race and disability discrimination and whistleblowing claims as part of her case that her manager treated her and Black members of staff badly.
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September 04, 2024
Lawyer's COVID Letters Defended As Act Of Genuine Concern
A solicitor who sent hundreds of letters warning schools not to implement COVID-19 measures was acting out of "genuine concern" and did not make legal threats, her counsel told a tribunal Wednesday.
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September 11, 2024
Hausfeld Snaps Up Litigation Pro From Covington In London
Hausfeld LLP has hired a partner from Covington & Burling LLP in London to boost its profile in commercial disputes, after its office in the U.K. capital recently underwent changes in leadership.
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September 04, 2024
EasyGroup Loses TM Claim Against 'Easy Live' Auction Site
A London court on Wednesday chucked EasyGroup's trademark infringement and revocation case against an online auction house, shunning the idea that the company has a monopoly over the word "easy."
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September 04, 2024
Businessman Loses Last Challenge To $33M Fraud Extradition
A stateless businessman accused of defrauding companies out of 28.6 million Swiss francs ($31.4 million) in an advance fee fraud scheme was denied by a London court on Wednesday permission to challenge his extradition from the U.K.
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September 04, 2024
ENRC Wants £240M From SFO, Dechert Over Criminal Probe
ENRC is seeking approximately £240 million ($315 million) from the Serious Fraud Office and Dechert LLP over the agency's disastrous criminal investigation into the mining giant, including huge sums of money in unnecessary legal fees to more than two dozen law firms.
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September 04, 2024
EU Scrambles To Close Competition Gap After Illumina Ruling
The Europe Union's highest court has left the bloc's antitrust authorities struggling to find a way to close an enforcement gap that could make it easier for dominant companies to neutralize startups with its decision that the European Commission had no authority to probe Illumina’s $8 billion acquisition of Grail.
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September 04, 2024
Leicester Wins Dispute With Premier League On Jurisdiction
Leicester City FC has won its legal battle with the Premier League, escaping a points deduction over alleged breaches of financial rules after lawyers persuaded an independent panel to rule that the league did not have jurisdiction to punish the football club.
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September 04, 2024
Lawyer Must Face Tribunal Over Claims He Misled Over Costs
A solicitor accused of being misleading about costs has lost his attempt to escape the charges as a tribunal ruled on Wednesday that it was still in the interests of justice to try the case, seven years after the alleged wrongdoing.
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September 03, 2024
Imam Fired For Criticizing Trustees Wins Dismissal Fight
An imam fired for gross misconduct has won his claim accusing his employer of unfairly dismissing him for publicly criticizing trustees of a Muslim charity in West Yorkshire for hosting a controversial guest speaker, after a tribunal ruled that the organization botched his disciplinary process.
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September 03, 2024
UK Urges Lawyers To Flag IP Court Cases
The U.K. Intellectual Property Office reminded intellectual property lawyers on Tuesday of the “vital” importance of keeping the body in the know about ongoing legal proceedings involving registered intellectual property rights.
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September 03, 2024
Human Rights Org. Prepares Bid To Block Israel Arms Sales
Palestinian human rights organization Al-Haq and the U.K. government's Department for Business and Trade battled over disclosure in a London court Tuesday, after the NGO said it was preparing to force all licenses for arms exports to Israel to be suspended.
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September 10, 2024
Eversheds Adds Ex-Quinn Emanuel Competition Co-Head
Eversheds Sutherland has hired a former co-head of Quinn Emanuel Urquhart & Sullivan LLP's competition practice in the U.K. as one of two senior hires in London to boost its global disputes practice.
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September 03, 2024
Court Officer Disciplined Over Absence Record Wins £28K
The U.K. justice secretary must pay an administrative officer £27,500 ($36,000) after it disciplined her for an absence that was linked to her chronic pain condition, a tribunal has ruled.
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September 03, 2024
Tech Co. Accused Of Defrauding 'Plasma Reactor' Investor
A Chinese businessman and his company have sued a U.K. technology company claiming they were defrauded of nearly £2.9 million ($3.8 million) by the firm and its directors after being led under false pretenses into investing in the development of a so-called "plasma reactor."
Expert Analysis
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Decoding UK Case Law On Anti-Suit Injunctions
The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.
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Litigation Funding Implications Amid Post-PACCAR Disputes
An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.
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EU Product Liability Reforms Represent A Major Shakeup
The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.
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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.