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Commercial Litigation UK
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August 27, 2024
Law Firm To Pay £109K For Discriminating Against Paralegal
A former paralegal at a London law firm has won more than £109,000 ($144,239) from the firm after a tribunal found that the firm refused to pay her full salary for more than a year before firing her because of her disabilities.
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August 27, 2024
Ex-Rice Co. Execs Deny Exploiting Company Secrets
Former executives of a British rice manufacturer have denied exploiting the company's confidential business strategies and customer contacts to run a competing business.
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August 27, 2024
The Impending Litigation Fallout Of The Lynch Yacht Tragedy
As Italian authorities begin investigating what caused the deadly sinking of the Bayesian superyacht that claimed the lives of Mike Lynch and six others, maritime insurance experts anticipate substantive claims on behalf of victims and survivors.
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August 27, 2024
Next Workers Win Landmark £30M Equal Pay Claim
A group of retail workers has won a landmark equal pay case against high street fashion chain Next, as the Employment Tribunal ruled that it was unlawful for the company to pay sales consultants, who are mostly women, a lower rate than its warehouse employees.
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August 27, 2024
Hong Kong Woman's Asset Freeze Extended Over Fraud Case
A London judge on Tuesday allowed a freezing order to be extended against a woman accused of defrauding her former employers of 164 million Hong Kong dollars ($21 million).
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August 27, 2024
Huawei Fights MediaTek's Bid To Revoke Comms Patent
Huawei has insisted that its U.K. protections over a communications system are valid amid Taiwanese chip developer MediaTek's bid to revoke the patent in a London court.
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August 24, 2024
Italian Prosecutors Open Criminal Probe Into Yacht Sinking
Italian prosecutors said Saturday that they have opened a criminal investigation into the sinking of a superyacht that claimed the lives of seven people including a partner at Clifford Chance LLP and his client, British technology mogul Mike Lynch.
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August 23, 2024
Labour Sacking After Antisemitism Leak Not Discrimination
The Labour Party's governing body did not unfairly dismiss or racially discriminate against a Muslim of South Asian heritage in the aftermath of a damning leaked report on how the body mishandled allegations of antisemitism, a tribunal has ruled.
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August 23, 2024
Google Faces £1B Antitrust Claim Over App Store Practices
Google was hit Friday with a £1.04 billion ($1.37 billion) claim at the U.K.'s competition regulator over alleged anticompetitive practices on its app store, adding to the tech giant's legal troubles.
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August 23, 2024
Drone Manufacturer Sues University For Research IP Rights
A company which makes self-flying cargo aircraft has launched a suit to stop the University of Southampton from taking over the rights to an uncrewed aircraft patent that resulted from a research project between the drone maker and the university.
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August 23, 2024
Ex-Iraqi Minister Foils Reporting Org.'s Defense In Libel Case
An Iraqi politician has successfully persuaded a judge to throw out an investigative reporting organization's qualified privilege defense to his defamation claim, with the judge ruling Friday that an article about alleged corruption in the Iraqi oil business did not accurately reflect court proceedings.
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August 23, 2024
Talent Management Co. Sues Rival Over Instagram Model's TM
A talent management firm has accused a U.K. rival of using the trademarked name of one of its Instagram models as fake bait to lure others into signing management contracts.
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August 23, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.
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August 23, 2024
Recruiter Claims Agency Wrongly Withheld £20K Commission
A recruiter told a tribunal Friday that a London agency unlawfully deprived her of approximately £20,000 ($26,400) of commission after she left the business, and claimed that it failed to do "due diligence" to communicate its policy on the matter.
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August 23, 2024
Oligarch Denied Bid To ID Client Linked To $20M Transfer
A judge refused Friday to let an imprisoned Russian oligarch force a group of companies to disclose the identity of a client who requested a $20 million transfer, saying that revealing the person's identity runs the risk of violating criminal law in Liechtenstein.
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August 23, 2024
HMRC Can Be Liable For Damage To Biz Shut Over £7.4M Debt
The tax authority cannot lift a court order that requires it to repay a payroll business damages for losses suffered after it was put into provisional liquidation, as a court found on Friday that it had failed to pursue that action for law enforcement purposes.
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August 23, 2024
Events Venue Can Be Liable For Firing By Director, EAT Rules
An events manager has won her appeal to revive her attempt to hold the restaurant and wedding venue where she had worked liable for a director's decision to fire her.
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August 22, 2024
UK Antitrust Arm Pauses Google, Apple Probes For New Law
United Kingdom antitrust authorities hit pause on investigations into Google and Apple policies allegedly locking app developers into their in-app payment systems, preferring to wait until new powers come online even as officials said commitments offered by Google aren't enough to address their concerns.
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August 22, 2024
Fidelis Denies Liability For $238M Over Stranded Planes
Fidelis has argued it should not be liable for paying out claims totaling more than $238 million over planes stranded in Russia, arguing the lessors had not been irretrievably deprived of the aircraft under the terms of the policies.
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August 22, 2024
Gym Manager Suspended After Alleging Sex Bias Wins Claim
A retirement village gym manager has won his claim that his boss unlawfully suspended him for complaining that he was treated worse than a female colleague during a disciplinary probe over his refusal to stop taking personal training clients.
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August 22, 2024
Barclays Denies Losing Trader £6.7M On Investor Platform
Barclays has denied costing a customer £6.7 million ($8.7 million) after he was blocked from trading on the bank's investor platform, claiming the market trader was aware of the uncertain situation of his shares and any loss was his own.
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August 22, 2024
Pilates Equipment Maker Sues Over IP On Chinese Imports
A U.S. Pilates equipment maker has sued an English workout studio, accusing it of infringing its patent for reformer machines by importing Chinese products.
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August 22, 2024
Mike Lynch's Path From Tech Founder To DOJ Target
Friends and colleagues paid tribute to Mike Lynch following his death in a yachting accident on Thursday, hailing the British tech entrepreneur for the decades he spent furthering the industry despite the legal troubles that threatened to overshadow his career.
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August 22, 2024
Ukrainian Man Hits Cyprus Companies For £1.2M Loan Debt
A Ukrainian man has sued two banks in a London court for allegedly defaulting on a £1 million ($1.3 million) loan.
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August 22, 2024
Ex-Chanel Employee Hit With Extended TikTok Ban
A judge ruled Thursday a court order that prevents a former Chanel employee from making public derogatory statements about the fashion giant will continue, saying that allegations she made in online videos seemed to be part of a "commercial strategy."
Expert Analysis
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Decision Shows Cost Consequences Of Rejecting Mediation
An English county court's recent first-instance decision in Conway v. Conway & Meek, which imposed a reduction in costs due to what the judge saw as the defendants' unreasonable refusal to consider mediation, underscores a growing judicial willingness to promote mediation through cost sanctions, say Gerard Kelly and Gearoid Carey at Mason Hayes.
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Duties And Questions To Consider In Expert Witness Selection
A spotlight has recently been shone on the role of expert witnesses due to the ongoing Post Office Horizon IT Inquiry, which should remind all parties to take steps to understand what an expert witness is responsible for and what the selection process should look like, says Toby Hunt at HKA.
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ECJ Cartel Damages Rulings Are Wins For Multinational Cos.
Two decisions from the European Court of Justice last month clarifying the limits of the single economic unit doctrine in cartel damages proceedings will help multinational companies anticipate and prepare for litigation within a narrower band of possible jurisdictions, say lawyers at Linklaters.
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Takeaways From EU's 'Pay Or Consent' Advertising Probe
Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.
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UK Judgment Could Change Anti-Money Laundering Regimes
After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.
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Decoding Arbitral Disputes: Blasket Win Is A Beacon Of Hope
A Belgian court's recent decision in favor of Blasket Renewable Investments, enforcing an arbitral award against the Kingdom of Spain, signals that despite the European Court of Justice's restrictive interpretations, there is judicial support within the European Union for enforcing investors' rights under international arbitration agreements, says Josep Galvez at 4-5 Gray's Inn.
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UK Approach To AI Patentability Appears Settled For Now
After a High Court ruling upended the status quo last year, the Court of Appeal’s recent decision that Emotional Perception’s artificial neural network is not patentable represents a return to the U.K.’s familiar, albeit often complex, approach to patentability of artificial intelligence technology and computer programs generally, say lawyers at Potter Clarkson.
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How Digital Markets Act Will Enhance Consumer Protections
The Digital Markets Act represents a major shift in U.K. competition and consumer protection law by introducing a new regulatory regime for large digital firms, and by giving the Competition and Markets Authority broader merger investigation powers and a wider enforcement remit for online activities, say lawyers at Cooley.
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What Steps Businesses Can Take After CrowdStrike Failure
Following last month’s global Microsoft platform outage caused by CrowdStrike’s failed security software update, businesses can expect complex disputes over liability resulting from multilayered agreements and should look to their various insurance policies for cover despite losses not stemming from a cyberattack, says Daniel Healy at Brown Rudnick.
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Drafting Settlement Agreements That Avoid Future Disputes
Several recent U.K. rulings highlight the importance of drafting precise settlement agreements to prevent time-consuming and costly disputes over what claims the agreements were meant to cover, says Michelle Radom at Osborne Clarke.
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Int'l Treaties May Aid Investors Amid UK Rail Renationalization
The recently introduced Passenger Railway Services Bill seeks to return British railways to public ownership without compensating affected investors, a move that could trigger international investment treaty protections for obligation breaches, says Philipp Kurek at Signature Litigation.
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Insurance Rulings Show Court Hesitancy To Fix Policy Errors
Two recent Court of Appeal insurance decisions highlight that policyholders can only overcome policy drafting errors and claim coverage if there is a very obvious mistake, emphasizing courts' reluctance to rewrite contract terms that are capable of enforcement, says Aaron Le Marquer at Stewarts.
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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Should Arbitrators Do More To Encourage Settlements?
In light of discussions on settlement in arbitration, there is a consensus that arbitrators in English-seated proceedings should play a greater role, but determining the extent of that involvement is difficult, as arbitrators can inadvertently place themselves in a position of potential conflict, say lawyers at Dentons.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.