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Commercial Litigation UK
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August 02, 2024
Gov't Manager Fired For Falsifying Doc Loses Bias Case
The Cabinet Office has defeated a claim by a job applicant that he was the victim of racial discrimination as an employment tribunal ruled he was rejected because he falsified part of a document while working for a different government department.
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August 02, 2024
Royal Mail Copyright Case To Go Ahead In Joint Trial
Royal Mail and another company suing software firm Codeberry over alleged unlawful use of postcode data can have their cases tried together, a judge ruled Friday, although he refused to allow Codeberry's counterattack to be included in the same trial.
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August 02, 2024
Ex-F1 Boss Sues HSBC For £5.5M For Wrongly Selling Bonds
Former Formula One team boss Eddie Jordan has sued HSBC for £5.5 million ($7 million) for losses suffered as the result of the bank's allegedly false and negligent advice over a bond in which he invested tens of millions of pounds.
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August 01, 2024
Headteacher Loses Challenge To Sanction For Sharing Data
A London judge ruled Thursday that a headmaster was rightly accused of damaging public trust in the teaching profession by sharing confidential information about pupils with her husband.
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August 01, 2024
DAF Can't Take Trucks Cartel Appeal To Top UK Court
The U.K. Supreme Court has refused to hear an appeal brought by DAF Trucks Ltd. against a ruling requiring it to shell out more than £15.2 million ($19.3 million) to BT and Royal Mail over a price-fixing scheme.
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August 01, 2024
'Father Ted' Writer's Harassment Comments Defamed Actor
Comedy writer turned "gender critical" activist Graham Linehan defamed an actor whom he accused of being a serial harasser of women, a London judge ruled in a preliminary hearing on the libel case Thursday.
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August 01, 2024
Barclays Wins £13.7M Freezing Order Action Against Directors
Barclays Bank PLC has proven that two businessmen breached freezing orders on £13.7 million ($17.5 million) of assets, after a London court on Thursday ruled it was beyond reasonable doubt the men allowed the assets to move offshore.
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August 01, 2024
Investor Wins $180M Claim Over Plane Leases Against VietJet
A global private investment company's unit has won its $180 million claim against a Vietnamese budget airline it alleged was a "delinquent debtor," after a London judge said that the air carrier had waged a campaign to stop the planes being returned to their owner.
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August 01, 2024
Care Home Wins 2nd Shot At Nurses' Work Transfer Claim
A tribunal must take another look at a claim brought by a group of care home nurses, after an appellate judge cast doubt on findings that the sale of a nursing home met the criteria for work transfer regulations.
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August 01, 2024
Cérélia Can't Fight Order To Sell Jus-Rol, UK Top Court Rules
The U.K.'s top court refused Thursday to allow dough maker Cérélia a chance to appeal a decision forcing it to sell its Jus-Rol brand, ruling there were no legal grounds to challenge the finding that the move is necessary to protect competitive markets.
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August 01, 2024
Tragedy And A Hustle: 5 Takeaways From The 'Tuna Bonds' Ruling
A London judge took the opportunity as he delivered a ruling that Mozambique was defrauded in a controversial maritime project to raise questions about the role played by international banks and the lack of financial standards in the multibillion-dollar "tuna bonds" scandal.
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August 01, 2024
Ex-Labour Exec Denies Race Bias In Staffer's Sacking
A former Labour Party director told the Employment Tribunal Thursday that the race of a staff member of Pakistani heritage had "nothing whatsoever to do" with a decision to sack her for accessing a confidential file about the suspension of a broadcaster from the party.
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August 01, 2024
Law Firm, Partners Fined Over Misuse Of Client Cash
A law firm and two of its name partners have been fined a total of £36,000 ($46,000) plus costs after a tribunal found that they had used client funds to provide banking services rather than legal services and failed to have any anti-money laundering protections in place.
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August 01, 2024
Italy's Banca Generali Beats Credit Note Issuer's Appeal
A London appeals court has ruled an Italian bank can remove and replace a special purpose vehicle's financial agents working on a series of securities transactions that went south, without needing the SPV's consent.
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August 01, 2024
Signature Litigation Can't Stop Billionaire's £13M Fees Probe
A Georgian billionaire can challenge the £12.8 million ($16.4 million) that Signature Litigation LLP charged him for advice because the firm's invoices under a conditional fee agreement were not final, a London appeals court ruled Thursday.
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August 01, 2024
Tchenguiz Can't Dodge £8M IG Index Spread Betting Debt
Real estate investor Robert Tchenguiz has to repay an investment platform a spread-betting debt of £8 million ($10.2 million) after a court ruled Thursday that the company had correctly characterized him as a professional investor.
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August 01, 2024
'Gender War' Researcher Settles Bias Claim Against University
An academic has reached a settlement over her claims that a London university harassed and fired her because it did not want to publicize her research about the persecution of feminists who believe that sex is immutable.
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July 31, 2024
Ghanaian Oil Co. Hit With Sanctions In Discovery Fight
A Texas federal judge has slapped sanctions against an African energy company after finding that it lied in Ghanaian court about a discovery dispute related to a case in Ghana, saying attorney fees and costs are appropriate in relation to several proceedings.
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July 31, 2024
Temp Gov't Worker Loses Bias Case Over Gender Views
A temporary worker has lost his claim that the Scottish government discriminated against him over his belief that sex is immutable after an employment tribunal found that he was deliberately provoking colleagues who might disagree with him.
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July 31, 2024
Jusan, News Outlet End Libel Dispute Over Ex-Kazakh Leader
Jusan Technologies Ltd. has settled its defamation claim against the Bureau of Investigative Journalism stemming from online reports that the company was set up to hide assets belonging to a former president of Kazakhstan, the news organization said Thursday.
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July 31, 2024
FCA Can't Avoid Paying Julius Baer Bankers' Legal Costs
Britain's financial watchdog lost its appeal to avoid paying part of the legal costs for two former employees of Swiss bank Julius Baer accused of acting recklessly and lacking integrity with specific foreign exchange transactions.
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July 31, 2024
Tesla Gets 2nd Wind In InterDigital FRAND Claim
A London judge gave Tesla the go-ahead Wednesday to appeal part of a ruling blocking it from seeking to litigate licensing rates for a 5G patent pool against InterDigital and Avanci in the U.K.
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July 31, 2024
Care Home Company Fails To Trim Workers' Payouts
A London appeals judge on Wednesday refused to let a care home company reduce the amount of money it must pay out to workers fired for protected disclosures about their pay, saying that the lower tribunal had been right that it was not "just and equitable" to do so.
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July 31, 2024
Retired Couple Can't Duck Ex-Solicitor's Forex Deceit Win
A London appellate court ruled Wednesday that a financial advisor and his wife cannot escape liability to compensate a former lawyer over £500,000 ($642,135), after the appellate judge found they were partners in a now-defunct foreign exchange trading scheme.
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July 31, 2024
Amazon, Eversheds Lawyers Can't Shake Whistleblower Claim
Amazon's senior employment lawyer and two Eversheds Sutherland solicitors have failed to block an unfair dismissal claim brought by an ex-employee of the tech giant's cloud business, after a London tribunal found it was too early to rule on their responsibility for his leaving.
Expert Analysis
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Unpacking The Building Safety Act's Industry Overhaul
Recent updates to the Building Safety Act introduce a new principal designer role and longer limitation periods for defects claims, ushering in new compliance challenges for construction industry stakeholders to navigate, as well as a need to affirm that their insurance arrangements provide adequate protection, say Zoe Eastell and Zack Gould-Wilson at RPC.
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Prompt Engineering Skills Are Changing The Legal Profession
With a focus on higher-value work as repetitive tasks are delegated to artificial intelligence, legal roles are set to become more inspiring, and lawyers need not fear the rising demand for prompt engineers that is altering the technology-enabled legal environment, say Eric Crawley, Shah Karim and Paul O’Hagan at Epiq Legal.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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4 Legal Privilege Lessons From Dechert Disclosure Ruling
The Court of Appeal's recent decision in Al Sadeq v. Dechert LLP, finding that evidence may have been incorrectly withheld, provides welcome clarification of the scope of legal professional privilege, including the application of the iniquity exception, says Tim Knight at Travers Smith.
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BT Case May Shape UK Class Action Landscape
The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.
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Key Points From EC Economic Security Screening Initiatives
Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.
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Following The Road Map Toward Quantum Security
With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.
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Why EU Ruling On Beneficial Ownership May Affect The UK
Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.
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Opinion
Labour Should Reconsider Its Discrimination Law Plans
While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.
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AI Is Outpacing IP Law Frameworks
In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.
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Tracing The History Of LGBTQ+ Rights In The Workplace
Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.
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Ruling In FCA Case Offers Tips On Flexible Work Requests
In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.
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Pension Scheme Ruling Elucidates Conversion Issues
In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.
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New Fraud Prevention Offense May Not Make Much Difference
By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.
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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.