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Commercial Litigation UK
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August 16, 2024
Saudi Arabian Embassy Harassed Catholic Worker, Judge Says
An Employment Tribunal has ruled that Saudi Arabia's U.K. embassy harassed a post room clerk over her Catholic beliefs and suggested she convert to Islam.
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August 16, 2024
Judge OK To Ignore Officer's Inhaler In Disability Bias Claim
A tribunal did not need to consider a staffer's inhaler prescription when tossing his disability bias claim against a local council because there was no proof he was using the device when the alleged discrimination occurred, an appeals tribunal has ruled.
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August 16, 2024
Telecom Directors Deny Adviser's HMRC Fraud Claim
Two directors have denied owing a financial adviser a fee for attempting to source a £5 million ($6.4 million) investment for their telecommunications business, characterizing his July claim that they hoped to defraud the U.K.'s tax department through the company as "entirely fictitious."
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August 16, 2024
Freeths Faces £7.5M Claim For Negligent Planning Advice
A Jersey-based property developer has accused Freeths LLP of torpedoing plans for its warehouse unit, alleging the law firm failed to advise the developer that starting the demolition meant agreeing to unfavorable noise restrictions, which caused a decline in the property's value.
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August 16, 2024
Local Council Accuses Tycoon Of Misappropriating £150M
A local English council pushed into effective bankruptcy after a spate of failed investments has sued a businessman for upward of £150 million ($194 million) it claims he siphoned off to buy yachts, private jets and a country estate.
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August 16, 2024
Ex-Axiom Pros Can't Get Redress For Trade Union Breaches
Axiom Ince does not have to pay two of its former lawyers for breaches of trade union laws amid the firm's collapse because their primary office did not have enough employees, a tribunal has ruled.
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August 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.
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August 16, 2024
Recruiter Liable For 'Non-White Names' Candidates Comment
A recruitment consultant who overheard a colleague say they should not bother to contact candidates "with non-English names" has been awarded £12,515 ($16,150) by a tribunal after winning her case of race-related harassment.
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August 16, 2024
DC Circ. OKs Energy Cos.' $395M Spain Award Suits
The D.C. Circuit on Friday ruled that district courts have jurisdiction to enforce some $395 million in arbitral awards issued against Spain after the country rolled back economic incentives for renewable energy projects, but took no position on the awards' ultimate enforceability.
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August 16, 2024
Top Court Lets Tenants' Bid For Control Proceed Despite Error
Britain's top court ruled Friday that tenants trying to take over management of their blocks of flats do not have to strictly comply with a requirement to serve notice on all landlords if landlords still have a chance at opposition.
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August 16, 2024
Redundancy Of Paralegal Over Part-Time Status Was Biased
A regional law firm discriminated against a paralegal who could not work full-time because of her disability by making her redundant for being a part-time employee, a tribunal has found.
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August 15, 2024
Baker McKenzie Adds 2 A&O Shearman Attys In Johannesburg
Baker McKenzie is beefing up its global disputes practice at its Johannesburg office with the arrival of two attorneys from A&O Shearman and another from Cliffe Dekker, the firm announced Thursday.
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August 15, 2024
Importer Denies Secret Commission For PPE In Fraud Claim
A British import company, its former directors and a former consultant all denied that they defrauded a medical supplier by taking a secret $10.8 million commission for personal protective equipment orders during the initial stages of the COVID-19 pandemic, saying it was obvious that the company would earn profits in that way.
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August 15, 2024
PACCAR Bill Delay Could Hurt UK Legal Industry, Experts Say
The U.K. government's decision to hold off introducing legislation reversing the effects of the U.K. Supreme Court's PACCAR ruling could be at odds with ambitions to make the U.K. legal sector the fastest in the world, a panel of experts suggested Thursday.
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August 15, 2024
BMW, Rolls-Royce Hit Back At Bespoke Car Accessories Seller
BMW urged a London judge to refuse an accessories maker a declaration that it wasn't infringing the Rolls-Royce owner's trademarks despite arguing it was only using them for reference to sell matching wheels.
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August 15, 2024
Law Firm's Delay Doesn't Derail Clients' Employment Appeal
An appellate judge ruled Wednesday that two former transport charity employees can move forward with their appeal even though their solicitors at Summit Law LLP failed to attach a copy of the original judgment to their application.
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August 15, 2024
Samsung Takes Jab At Bayer, Regeneron Eye Patents
Samsung's pharmaceutical unit wants a London judge to nix two patents owned by its rivals that help treat eye disorders, arguing that they are both invalid as it prepares to launch a biosimilar.
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August 15, 2024
Green Campaigner Loses Challenge To 'Net Zero' Power Plant
An environmental consultant has lost his challenge to the U.K. government's approval of a gas-fired power station with carbon capture technology, with a London court ruling there was a clear and lawful assessment of the power station's greenhouse gas emissions.
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August 15, 2024
Thousands Of Fare-Dodging Convictions To Be Quashed
Up to 74,000 convictions for evading train fares are set to be quashed after a senior district judge ruled on Thursday that rail operators should never have used the single justice procedure to prosecute passengers behind closed doors.
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August 15, 2024
Contractor Wins Appeal Over Right To Quit Building Deal
The wording of a standard building contract gave a contractor the right to walk away after a housing company defaulted on multiple payments, a London appeals court ruled Thursday.
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August 15, 2024
Medical Tester Wins Order To Stop Release Of Hacked Data
A medical testing company hit in a ransomware attack that disrupted London hospitals has secured an injunction at the High Court in an effort to prevent publication of patients' private medical data that was stolen by the hackers.
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August 15, 2024
RSA Beats Perimenopausal Worker's Discrimination Claim
RSA Insurance did not discriminate against an employee who claimed to have experienced symptoms of perimenopause at the time she was dismissed, an employment tribunal has found, ruling that she had exaggerated the effect of her health condition.
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August 15, 2024
Teacher Revives Claim That Local Council Forced Her To Quit
A tribunal wrongly tossed a school teacher's claim for unfair constructive dismissal against a local council based on the "irrelevant" fact that she had not worn out all three stages of the grievance appeal before quitting, an appeals judge has ruled.
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August 15, 2024
Hamlins Media Pro To Face SDT Over Alleged Litigation Threat
A Hamlins LLP partner will face a disciplinary tribunal over allegations that he improperly threatened to bring litigation, the solicitors' watchdog has said, marking the second time the SRA has prosecuted a lawyer over the use of SLAPPs.
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August 14, 2024
Sanctioned Ghanaian Co. Says Law Firm's Fees Too High
An African energy company has slammed international arbitration specialty law firm Three Crowns LLP in Texas federal court for claiming nearly $200,000 in fees after the company was sanctioned for lying to a Ghanaian court.
Expert Analysis
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Trends, Tips From 7 Years Of EPO Antibody Patent Appeals
Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.
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4 Takeaways From Biotech Patent Invalidity Ruling
The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.
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Why Reperforming Loan Securitization In UK And EU May Rise
The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.
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What French Watchdog Ruling Means For M&A Landscape
Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.
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How Life Science Companies Are Approaching UPC Opt-Outs
A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.
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New Directors' Code Of Conduct May Serve As Useful Guide
Although the Institute of Directors’ current proposal for a voluntary code of conduct is strongly supported by its members, it must be balanced against the statutory requirement for directors to promote their company’s success, and the risk of claims by shareholders if their decisions are influenced by wider social considerations, says Matthew Watson at RPC.
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Lego Ruling Builds Understanding Of Design Exam Process
In Lego v. Guangdong Loongon, the European Union Intellectual Property Office recently invalidated a registered design for a toy figure, offering an illustrative guide to assessing the individual character of a design in relation to a preexisting design, says Christoph Moeller at Mewburn Ellis.
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Contractual Drafting Takeaways From Force Majeure Ruling
Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.
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Behind The Stagecoach Boundary Fare Dispute Settlement
The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.
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The Unified Patent Court: What We Learned In Year 1
The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.
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Decoding Arbitral Disputes: Spanish Judicial Oversight
The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.
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F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits
A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.
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High Court Ruling Sheds Light On Targets For Judicial Review
The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.
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Appeal Ruling Clarifies 3rd-Party Contract Breach Liability
The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.
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CPR Proposal Affirms The Emphasis On Early Mediation
While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.