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Commercial Litigation UK
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August 29, 2024
Law Firm Can Use Client Comms To Fight Conspiracy Claim
A commercial law firm and its solicitor can fully plead their defenses against claims of conspiracy, a London court has ruled, finding that details of communication with clients are not limited by legal professional privilege because of a recently clarified legal exception.
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August 28, 2024
Businessman Can't Force $1B Gramercy Suit Into Arbitration
A Wyoming federal judge has ruled that Gramercy Funds Management will not have to arbitrate its racketeering lawsuit accusing a Ukrainian businessman of fraudulently transferring more than a billion dollars from his agricultural business, a debtor of the Connecticut-based hedge fund.
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August 28, 2024
Russia Seeks Pause On $5B Naftogaz Award Suit
Russia thinks that the D.C. federal court overseeing a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award over the seizure of its Crimean assets ought to pause the matter while proceedings in the Netherlands play out.
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August 28, 2024
Parking Biz Claims Ex-Director Took Data To Set Up Rival
A parking management provider is suing its former director for allegedly pinching its software and exploiting it to set up and run his own rival company.
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August 28, 2024
Nutrition Biz Says UK Co. Used 'Nutramax' TM For Scam Site
A supplements provider has sued a British company and its director in a London court for allegedly using the provider's "Nutramax" trademark on a scam business that targets "vulnerable and elderly" shoppers.
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August 28, 2024
Memery Crystal Beats Secretary's Disability Bias Claim
Memery Crystal LLP did not discriminate against a legal secretary with a type of arthritis, an employment tribunal has ruled, finding that the firm did everything within its power to make accommodations for her condition.
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September 04, 2024
Cooley Hires Disputes Pro From Bird & Bird In London
Cooley LLP said Wednesday that it has recruited an expert in technology and data privacy disputes from Bird & Bird LLP to strengthen its commercial litigation practice in London.
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August 28, 2024
Ex-Weightmans Pro Struck Off Over Lies And False Emails
A former Weightmans LLP and Capsticks LLP solicitor was struck off by a tribunal on Wednesday after she admitted lying to her boss about completing work, falsifying emails and concealing the fact she was fired over the dishonesty.
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August 28, 2024
Cineworld Clears 1st Hurdle In Bid To Rescue UK Business
A judge greenlighted the first step in Cineworld's bid to restructure its U.K. business Thursday, as the struggling movie theater giant seeks to avoid going into administration.
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August 28, 2024
Collapsed Forex Broker To Pay Whistleblowing Exec £564K
A compliance director at a foreign exchange brokerage who reported the firm to the financial services watchdog over its alleged illicit activities has won more than £560,000 ($740,000) after a tribunal ruled the company had unlawfully sacked him.
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August 28, 2024
HP's $4B Problem: Fight, Or Leave Lynch's Family Alone?
Legal troubles created by the sale of Mike Lynch's business to Hewlett Packard are unlikely to end with his death — the technology giant has refused to rule out pursuing the tycoon's estate for $4 billion as it weighs the risk of upsetting shareholders against the damage to its reputation, lawyers say.
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August 27, 2024
Forsters, Ex-Bank Lawyer Try To Duck Property Deal Case
Forsters LLP and a former Bank of Tokyo-Mitsubishi lawyer who was convicted of a multimillion-pound fraud are seeking to avoid being dragged into a philanthropist's £3.5 million ($4.6 million) legal battle over a collapsed property deal.
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August 27, 2024
Ex-Barclays Exec Loses Appeal Over FCA Ban On Senior Job
Former Barclays wealth boss Thomas Kalaris has lost his appeal against the Financial Conduct Authority's decision banning him from holding a regulated senior management position at the firm he founded, as a London tribunal found in a judgment made public Tuesday he had given false evidence during interviews with the regulator.
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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.
Expert Analysis
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Emerging Trends From A Busy Climate Litigation Year
Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.
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Key 2024 Arbitration Trends In A Changing World
As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.
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2024 Will Be A Busy Year For Generative AI And IP Issues
In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
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Regulating Digital Platforms: What's Changing In EU And UK
Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.
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Dyson Decision Highlights Post-Brexit Forum Challenges
The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.
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9 Takeaways From The UPC's First 6 Months In Session
Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.
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How Boards Can Mitigate Privacy, Cybersecurity And AI Risks
In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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The Outlook For UK Restructuring Plans At Home And Abroad
The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
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The Top 7 Global ESG Litigation Trends In 2023
To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.
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Proposed Amendment Would Transform UK Collective Actions
If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.