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Commercial Litigation UK
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August 12, 2024
Death Of Firm Owner Ends Employee Contracts, Judge Rules
An employment judge has ruled that the staff of a solicitor were not employed after his death because his father did not have the legal authority to offer them a contract, according to a decision published Monday.
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August 12, 2024
Ex-MedTech Chemist Must Be Specific In Bid For IP Profits Cut
A chemist who worked at a medical device company must be more specific about his claimed inventions and their related patents as he looks to win a share of the cash the products have generated, a London court ruled Monday.
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August 12, 2024
Westfield Sues Clearpay Over Brand Deal Breach
Shopping giant Westfield has sued Clearpay Finance Ltd. for more than £665,000 ($848,722), claiming the payment processing provider wrongly terminated two "buy now, pay later" partnerships with its London shopping centers.
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August 09, 2024
Kuwaiti Investment Arm Immune From Ex-CEO's Claim
The Kuwait Investment Authority has succeeded in getting a whistleblowing claim from its former chief executive thrown out of a London tribunal after a judge ruled that he was employed as a diplomat, and therefore the authority has sovereign immunity against his claim.
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August 09, 2024
Czech Republic Loses Challenge To $350M Arbitration Award
The Czech Republic has lost its multipronged challenge to a $350 million arbitration award in favor of a blood plasma company, with a London court dismissing its case Friday that a medical supply deal wasn't protected by an investment treaty.
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August 09, 2024
Landlords, Lawyers Accused Of Lying To Get Costs Ruling
A man who was in a legal dispute over rent arrears has sued his landlord and the landlord's legal team for more than £147,500 ($187,383), alleging that two cost judgments were obtained by fraud.
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August 09, 2024
Lawyer To Face Tribunal Over Report Of False Asylum Claims
A former law firm manager must face a London tribunal after the Solicitors Regulation Authority suspended his practicing certificate and shut the legal business down following a media investigation into fake asylum claims.
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August 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.
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August 09, 2024
Plane Stuck In Russia 'Not Lost,' Reinsurers Argue
A batch of reinsurers has denied they must pay out in a row over $44 million to cover the alleged loss of a plane leased to a Russian airline, arguing the plane is not lost and would not be covered by the policy.
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August 09, 2024
Mosque Must Pay £30K For Bias After Firing Somali Teacher
An employment tribunal has ordered a London mosque to pay nearly £30,000 ($38,300) to a female Quran teacher after unfairly sacking her over dwindling student numbers because she was a Somali woman.
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August 09, 2024
Judge Tells Katie Price To Attend Court Or Be Arrested Again
A judge told Katie Price on Friday that she needed to attend the next court hearing in relation to her bankruptcies, warning the former model that failing to do so would result in her being arrested again.
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August 09, 2024
The Top Commercial Dispute Trials & Rulings Of 2024 So Far
So far in 2024 disputes lawyers have been treated to the first trial in the U.K. of an opt-out collective action, the Pope's chief of staff giving evidence, and Mozambique being awarded more than $825 million for the tuna bond scandal.
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August 08, 2024
Dairy Farm Investor Fights For €77.5M Claim Against Serbia
A dairy farm investor is arguing that an arbitral award wrongly ordered Serbia to pay him €14.5 million ($15.8 million) instead of the €77.5 million he sought after his shares in the company were expropriated, saying the tribunal failed to provide any reasoning for its damages calculation.
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August 08, 2024
Judge In HMRC Case Won't Step Aside Over 'Scurrilous' Claim
A London judge has refused to recuse himself from litigation involving HM Revenue & Customs because of apparent bias and institutional corruption owing to his former connection to the department, finding some of the allegations "frankly scurrilous."
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August 08, 2024
Chanel Wins Order For Ex-Staffer To Take Down TikTok Videos
A London judge on Thursday ordered former Chanel Ltd. employee Charlotte Skeens to temporarily take down videos she posted on TikTok, postings that the legacy fashion brand alleges amount to publishing confidential information and, therefore, breach a settlement agreement.
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August 08, 2024
Derivatives Co. Fails To Refreeze Assets In Global Fraud Case
Multibank has failed to revive a freezing order against two investment companies and an executive it alleges were involved in an unlawful conspiracy, after an appeals court upheld a ruling that the international derivatives provider had made serious disclosure failings.
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August 08, 2024
Carnival Cruise Line Fights Employee's Unfair Dismissal Win
Lawyers for Carnival PLC urged the Employment Appeal Tribunal on Thursday to toss out a decision finding that the cruise ship operator unfairly dismissed an employee by making her redundant shortly after her maternity leave, arguing that the original judgment was unclear and included errors of law.
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August 08, 2024
Kebab Supplier Says Jail Time Stopped Oversight Of TM Use
The owner of a trade kebab meat supplier has claimed that supermarket chain Iceland did not get permission to use his company's logo on products as his son took control of the business and made decisions without his consent while he was in prison.
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August 08, 2024
Finance Co. Botched Risk Outline In Fire Claim, Insurer Says
A subsidiary of U K Insurance Ltd. has denied having to pay out on a policy with Parker Asset Management Ltd. over a fire that destroyed a property costing around £4.2 million ($5.3 million), saying the company did not fairly present its insurance risk.
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August 08, 2024
Caretaker Farting On Younger Worker Was Age Discrimination
A tribunal has found that a caretaker who farted on an "ambitious" younger colleague to "show him who was boss" was guilty of age discrimination, but the case was dismissed because he brought it too late — although a separate unfair dismissal claim was upheld.
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August 08, 2024
Revolution Bar Chain Wins Greenlight For Restructuring Plan
Revolution Bars was granted approval for a restructuring plan on Thursday as a London court concluded that it was a better approach than the alternative of allowing the struggling hospitality business to collapse into insolvency.
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August 08, 2024
Funder Nera Capital Buys 50,000 Spanish Car Cartel Claims
Litigation funder Nera Capital has bought 50,000 claims for compensation valued at an estimated €1 billion ($1.1 billion) over a Spanish auto cartel involving many of the largest vehicle manufacturers in the world, including General Motors and Honda.
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August 08, 2024
Home Office Seeks Repayment Of Overpaid Motorola Invoices
The Home Office has hit back at a claim by a subsidiary of Motorola Solutions, which alleges that the ministry owes it £13.5 million ($17.1 million) and that the government has been incorrectly invoiced since 2021 and overpaid for Britain's emergency services communication network.
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August 08, 2024
Bible College Fairly Fired Teacher Over Homosexuality Tweet
A Bible college was right to fire a teacher over a controversial tweet that led to a barrage of criticism because it was trying to protect its reputation and maintain harmony on campus, an employment tribunal has ruled.
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August 08, 2024
Malaysia Immune From Secretary's Salary Claim In UK
A secretary at the Malaysian High Commission in London cannot bring a claim over her salary against the Asian country in the U.K. because the case is barred under state immunity laws, a tribunal has ruled.
Expert Analysis
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Disciplinary Ruling Has Lessons For Lawyers On Social Media
A recent Solicitors Disciplinary Tribunal judgment against a solicitor for online posts deemed antisemitic and offensive highlights the serious sanctions that can stem from conduct on social media and the importance of law firms' efforts to ensure that their employees behave properly, say Liz Pearson and Andrew Pavlovic at CM Murray.
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The Art Of Corporate Apologies: Crafting An Effective Strategy
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.
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What UK Supreme Court Strike Ruling Means For Employers
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.
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Taking Stock Of The Latest Criminal Court Case Statistics
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.
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Hugh Grant Case Raises Questions About Part 36 Offers
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.
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Accounting For Climate Change In Flexible Working Requests
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.
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Opinion
New Property Category Not Needed To Regulate Digital Assets
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.
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Employer Lessons From Red Bull's Misconduct Investigation
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.
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Breaking Down The EPO's Revised Practice Guidelines
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.
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Pharma Remains A Key Focus Of EU Antitrust Enforcement
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.
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Employment Tribunal Fee Proposal Raises Potential Issues
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.
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ECHR Climate Rulings Hint At Direction Of Future Cases
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.
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What UK Energy Charter Treaty Exit Would Mean For Investors
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.
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What To Know About The Russia-Stranded Plane Ruling
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.
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Uber Payout Offers Employer Lessons On Mitigating Bias
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.