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Commercial Litigation UK
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August 06, 2024
Drugmakers Can Fight To Nix Pay-For-Delay Claim, CAT Says
An antitrust court in the U.K. has green-lit a challenge by a Danish drugmaker to an earlier decision not to apply a two-year limitation period to government claims that it raised prices of an antidepressant by having generics manufacturers put their rival medicines on hold.
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August 05, 2024
Nondisclosure Led To 'Apparent Bias' In Nigeria Oil Case
A London court has ordered a tribunal to reconsider an arbitral award issued in a $2 billion case over a funding deal for Nigerian oil fields, ruling that a since-replaced arbitrator had wrongly failed to reveal the total extent of her relationship with Freshfields Bruckhaus Deringer LLP.
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August 05, 2024
NCA Not Liable For Regulator's License Withdrawal Decision
A former financial investigator cannot sue the National Crime Agency for losing his license, after an employment tribunal ruled that the agency could lobby on his behalf but couldn't overturn a regulatory body's decision.
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August 05, 2024
EU Court To Hear Czech Value-Added Tax Case
The Court of Justice of the European Union will consider a case from the Czech Republic concerning whether the bloc's value-added tax system and proportionality principle precludes a Czech law regarding the transfers of VAT payment liabilities, the EU said Monday.
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August 05, 2024
Terrorism Order Evidence Disclosable, UK Top Court Rules
The U.K.'s highest court ruled Monday that the Home Office must disclose evidence used to decide whether to impose legal restrictions under terrorism legislation on a man returning from Syria to allow him to fairly challenge an allegation that he was aligned with a group associated with al-Qaeda.
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August 05, 2024
Azeri Banker's Wife Forfeits Golf Club, Knightsbridge Home
The wife of a jailed Azeri banker has agreed to forfeit a house and golf course that the National Crime Agency says were bought with embezzled money, the agency announced on Monday.
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August 05, 2024
McCarthy Tétrault Can't Prove Need For Partner Redundancy
A disputes partner at McCarthy Tétrault LLP has won his redundancy claim against the firm after it failed to convince an employment tribunal that it had to let him go because of diminishing arbitration and litigation work in its London office.
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August 05, 2024
Sportswear Makers Deny Copying Designs From Ex-Employer
Two directors of a sports apparel manufacturing firm have denied stealing designs and clients from their former company, telling a London court that the garments were "generic" and similar to other options on the high street.
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August 05, 2024
Luxury Car Parts Supplier Fights BMW, Rolls-Royce TM Case
A U.K. designer of bespoke car parts has denied infringing trademarks owned by Rolls-Royce and BMW, arguing that it has only ever used the carmakers' trademarks to help buyers match parts to suitable car models.
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August 05, 2024
Motorola Wins Chance To Trim Ericsson Infringement Case
Motorola has won a shot at cutting down a patent battle with Ericsson over video technology, with a London court ruling Monday that a preliminary trial over the meaning of a license agreement will precede a full trial.
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August 05, 2024
Aldi Looks To Slay Jellycat Knockoff Dragon Claim
German discount retailer Aldi has told a court that a dragon stuffed toy sold in U.K. stores did not copy a dragon design by Jellycat, arguing that the dragon of the collectible cuddly toymaker did not match its protected design.
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August 05, 2024
Care Provider Forced Staffer To Quit Amid Safety Probe
A care company unfairly pushed an employee to resign by consistently ignoring her welfare before running a botched probe into her conduct, an employment tribunal has ruled.
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August 05, 2024
Food Supplier's Ex-Director Denies Artificially Inflating Prices
The former director of a food product import company has denied a £1.1 million ($1.4 million) claim that he artificially inflated supplier costs to pocket the difference and has hit back with his own £150,000 counterclaim for allegedly unpaid commission.
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August 05, 2024
Ukraine War Shifts Contours Of Russian Litigation Landscape
The war in Ukraine and global sanctions have caused the number of Russian litigants using England's commercial courts to tumble dramatically, and lawyers expect that the consequences of the invasion will continue to influence the disputes landscape.
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August 05, 2024
Unauthorized Mortgage Broker Must Pay £4M To FCA
A court has ordered two unauthorized investment firms that misled vulnerable people into handing over their homes to hand over £4 million ($5.1 million) to the Financial Conduct Authority, the regulator said Monday
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August 02, 2024
Truck Buyers Get OK To Bring £2B Price Fixing Class Action
The Competition Appeal Tribunal has agreed to certify a trade group to represent a class of truck drivers who say that major truck-makers owe them some £2 billion ($2.6 billion) after running a price-fixing cartel to inflate the price of the vehicles.
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August 02, 2024
S. Korea Loses Bid To Set Aside $48.5M Hedge Fund Award
A London court has upheld a $48.5 million arbitral award favoring hedge fund Elliott Associates LP against South Korea in a dispute over a government bribery scandal that allegedly underpinned the $8 billion merger of two Samsung affiliates in 2015.
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August 02, 2024
Self-Styled 'Business Guru' Faces Investor's £5.6M Fraud Case
An investor has hit a self-styled business guru with a £5.6 million ($7.2 million) fraud claim, accusing the entrepreneur of running a Ponzi scheme and of duping him into funding a loan for a luxury hotel development that was never lent.
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August 02, 2024
Property Investor Denies Hiding Info From Franchise Buyers
A real estate investment scheme's former owner has hit back at a £6.4 million ($8.1 million) counterclaim by the management consultancy that acquired it, saying in London court documents that he did not conceal any important information and that he had not breached any agreement.
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August 02, 2024
Academic Fired Over Stress Leave Can't Up Payout Again
An employment tribunal refused to reconsider an award given to a professor who went bankrupt after the University of Edinburgh sacked her over her stress leave, ruling that her new evidence didn't merit another payout.
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August 02, 2024
MoD Settles Army Poster Woman's Racism Claim
The Ministry of Defence said Friday it has settled a claim alleging that former officer Kerry-Ann Knight faced racist and sexist abuse without admitting liability, with the U.K. government department saying it does not tolerate abuse.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 02, 2024
Post Office Probe Reveals Ethical Conflict Facing Lawyers
In-house and external lawyers who gave evidence during the most recent phase of the Post Office inquiry, which concluded on Wednesday, revealed widespread poor conduct by barristers and solicitors that contributed to a major miscarriage of justice.
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August 02, 2024
Top UK Court To Hear HMRC Car Park Tax Dispute With NHS
HM Revenue and Customs has been granted permission by Britain's highest court to challenge a ruling that a National Health Service trust qualified for value-added tax exemption for hospital car parking, a decision that could affect appeals brought by NHS entities.
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August 02, 2024
Tribunal Member Sanctioned For Calling Tories A 'Tumor'
A lay member of an employment tribunal has been issued with a formal warning, after he said on social media that the collective noun for Conservatives should be a "tumor."
Expert Analysis
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1st Appellate Ruling On Digital Terms Sets Tone For Disputes
The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.
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Insurance Policy Takeaways From UK Lockdown Loss Ruling
An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.
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How Employers Should Respond To Flexible Work Requests
U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.
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What COVID Payout Ruling Means For Lockdown Loss Claims
While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Opinion
PACCAR Should Be 1st Step To Regulating Litigation Funders
Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.
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Patent Plausibility Uncertainty Persists, EPO Petition Shows
While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.
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In Int'l Arbitration Agreements, Be Clear About Governing Law
A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.
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Risks The Judiciary Needs To Be Aware Of When Using AI
Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.
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Post Office Scandal Stresses Key Directors Duties Lessons
The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.
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Employer Tips For Handling Data Subject Access Requests
As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.
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Top Court Hire Car Ruling Affects 3rd-Party Negligence Cases
The U.K. Supreme Court's recent decision in Armstead v. Royal & Sun Alliance, finding that an insurer was responsible for lost car rental income after an accident, has significant implications for arguing economic loss and determining burden of proof in third-party negligence cases that trigger contractual liabilities, say lawyers at Macfarlanes.
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Bribery Class Action Ruling May Revive Bifurcated Processes
The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.
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Ocado Appeal Outcome Will Gauge UPC Transparency
As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.
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The Good, The Bad And The New Of The UK Sanctions Regime
Almost six years after the Sanctions and Money Laundering Act was introduced, the U.K. government has published a strategy paper that outlines its focus points and unveils potential changes to the regime, such as a new humanitarian exception for financial sanctions, highlighting the rapid transformation of the U.K. sanctions landscape, says Josef Rybacki at WilmerHale.