Commercial Litigation UK

  • October 01, 2024

    Lloyd's Says Forgery Sinks Claim Over Ship Struck In Ukraine

    Lloyd's of London's Belgian unit has denied owing a wealth advisory business $3.7 million to cover alleged losses after a ship was struck by a mine, claiming the vessel at the time was trading in Ukrainian waters so it wasn't covered under the insurance policy.

  • October 01, 2024

    Crypto Developers Take Aim At 'Patent Trolls' In New Deal

    A cryptocurrency collective said Tuesday it has inked a deal with Unified Patents to help stop "patent trolls" from registering intellectual property that risks hampering blockchain innovation.

  • October 01, 2024

    Axiom Ince Ex-Staffer Wins £5K For Constructive Dismissal

    Axiom Ince Ltd. must pay a former employee £5,400 ($7,200) after it forced him out of the door before the firm collapsed, a tribunal held in a ruling released Tuesday.

  • September 30, 2024

    DC Circ. NextEra Decision Leaves Door Open For Further Args

    The D.C. Circuit effectively kicked the can down the road in August when it nixed Spain's jurisdictional objections in litigation to enforce some $395 million in arbitral awards while declining to issue a merits decision, setting up an enforcement battle that could turn on the underlying arbitration regime.

  • September 30, 2024

    Netflix Must Face Trimmed 'Baby Reindeer' Defamation Fight

    A California federal judge trimmed a Scottish lawyer's multimillion-dollar lawsuit alleging Netflix's popular stalker miniseries "Baby Reindeer" defamed her, tossing negligence and publicity claims but allowing the attorney's defamation and emotional distress allegations to proceed.

  • September 30, 2024

    Chancery Sidelines Squarespace Merger Doc Suit For Now

    A Delaware Court of Chancery action to compel stockholder access to website builder Squarespace Inc.'s corporate records remained under a stay Monday, after a court finding that the suit aimed to preserve future review rights focused on a proposed $7.2 billion company take-private deal.

  • September 30, 2024

    AI Win In 1st German Copyright Battle No Carte Blanche

    A German court's first-of-its-kind ruling rebuffing a photographer's copyright claim over the use of his works to train an artificial intelligence model under European Union law is not a go-ahead for generative AI developers to use copyright works, lawyers say.

  • September 30, 2024

    Uni Volunteers See Wage Claim Narrowed In Status Dispute

    An employment tribunal has narrowed down claims brought by more than 30 volunteers working at the University of Warwick's student accommodation, ruling they couldn't claim beyond the national minimum wage even if their bid for employee status succeeded.

  • September 30, 2024

    NHS Trust Beats Psychiatrist's Bid For £2.1M In Lost Wages

    A London judge has rejected a psychiatrist's attempt to boost her damages for lost earnings from £23,300 ($31,240) to £2.1 million after a National Health Service trust pushed her to quit, ruling Monday that an earlier tribunal did not botch its probe into her potential future income.

  • September 30, 2024

    Lenovo Loses Appeal Bid For Ericsson Injunction

    The Court of Appeal refused Monday to let Lenovo stop Ericsson from selling 5G devices in the U.K. over alleged patent infringement, saying the asked-for injunction wouldn't address the damage Lenovo was claiming, which was happening 5,000 miles away in Brazil and Colombia.

  • September 30, 2024

    Angola's Isabel Dos Santos Can't Shake £580M Asset Freeze

    The daughter of Angola's former president lost her challenge to a £580 million ($775 million) asset freeze, after a London appeals court ruled Monday that a lower judge had used the correct test to find that telecoms operator Unitel SA has a good case against her.

  • September 30, 2024

    Reinsurer Loses Appeal Over £69M COVID Catastrophe Claim

    An Italian reinsurer has lost its challenge against French insurer Covéa Insurance PLC's COVID-19 business interruption claim, with a London appellate court on Monday upholding findings that the pandemic met the definition of "catastrophe" used in the policy.

  • September 30, 2024

    Gap Athletic Brand Proves Danish Co. Infringed 'Athleta' TM

    The Gap Inc.'s sportswear brand Athleta on Monday won its trademark infringement claim in a London court against a Danish rival over its "Athlecia" branding — but lost a chunk of its trademark protections in the process.

  • September 30, 2024

    Ex-Meghraj Boss Still Being Pursued Over £1.8M Pension Bill

    The U.K.'s retirement watchdog said Monday that a former company director was still being pursued for payment into a staff pension scheme, more than a year after he was slapped with a £1.8 million ($2.4 million) bill.

  • September 30, 2024

    Agent Sues Chelsea FC Over £29M Kurt Zouma Transfer

    A football agent is suing Premier League football club Chelsea and its former chief executive for failing to pay him any commission for introducing West Ham United to bring on French international Kurt Zouma for £29.1 million ($39 million).

  • September 30, 2024

    Cineworld Wins Court Approval For UK Restructuring Plan

    Cineworld was granted approval for a U.K. restructuring plan on Monday as a judge concluded it was a better option than allowing the struggling cinema chain to fall into administration.

  • September 30, 2024

    AXA XL Denies $190M Claim For Planes Stranded In Russia

    AXA XL and other reinsurers have hit back at allegations that they are liable for claims totaling almost $190 million over planes said to be stranded in Russia after the invasion of Ukraine, arguing that the aircraft are not completely lost.

  • September 30, 2024

    Private School Wants Insurer To Cover Abuse Scandal Cost

    A private school embroiled in a historic sexual abuse scandal has sued its insurer, arguing it should cover any damages the school might have to pay in a barrage of cases brought by former pupils.

  • September 30, 2024

    Ex-Judges Blame Opaque Selection Process For Hiring Woes

    Vacancies for judges are staying unfilled because of a shortage of high-quality applicants, as former members of the bench tell Law360 that the selection process discourages exceptional candidates at a time when the government is grappling with court backlogs.

  • September 27, 2024

    J&J Unit Denied Appeal Against Stelara Invalidation

    A London judge has refused to permit Janssen Biotech Inc. to challenge his July decision nixing the patent on its blockbuster Stelara drug, saying he had used "no magic" when using evidence derived from two patient cohorts in reaching his decision.

  • September 27, 2024

    Pair Defrauded Investors In UK Real Estate Ponzi Scheme

    Two businessmen duped investors into putting their money into real estate developments across the U.K. by promising them unrealistic returns and using the proceeds of sales to pay previous investors, a London court ruled Friday. 

  • September 27, 2024

    Santander, Skipton Beat Attempts To Reopen PPI Settlements

    Santander Cards UK Ltd. and Skipton Building Society have fought off attempts by customers to revive claims alleging the lenders' offers to compensate them for misselling payment protection insurance were invalid.

  • September 27, 2024

    Candey Cleared Of AML Breaches Over £24M Of Client Funds

    Candey Ltd. was cleared on Friday of breaching money laundering regulations by failing to adequately check the source of nearly £24 million (£32 million) of client funds, by a tribunal that also found a former partner improperly transferred some of the money to third parties.

  • September 27, 2024

    Oppo Urges Court To Cap Past Sales On Eve Of FRAND Ruling

    Chinese smartphone giant Oppo told a London court Friday that a major recent appellate decision about how far back courts should go in settling fair, reasonable and nondiscriminatory rates to license standard-essential patents doesn't apply to its licensing dispute with InterDigital in the closing weeks of the case.

  • September 27, 2024

    Ex-Linklaters Partner Loses Fight To Block Charge On Homes

    An ex-Linklaters LLP partner failed to stop a Saudi princess from securing charges over two of his family members' homes to settle a $25 million judgment, with a London court on Friday rejecting his claim to have no interest in the properties.

Expert Analysis

  • 9 Takeaways From The UPC's First 6 Months In Session

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    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.

  • How Boards Can Mitigate Privacy, Cybersecurity And AI Risks

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    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.

  • The Year In FRAND: What To Know Heading Into 2024

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    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.

  • The Outlook For UK Restructuring Plans At Home And Abroad

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    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.

  • Foreign Assets Ruling Suggests New Tax Avoidance Approach

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    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.

  • Class Action-Style Claims Are On The Horizon In 2024

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    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.

  • Cos. Must Monitor Sanctions Regime As Law Remains Unclear

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    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.

  • The Top 7 Global ESG Litigation Trends In 2023

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    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.

  • Proposed Amendment Would Transform UK Collective Actions

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    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.

  • EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'

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    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.

  • Employment Law Changes May Increase Litigation In 2024

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    As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.

  • How 'Copyleft' Licenses May Affect Generative AI Output

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    Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.

  • UK Compulsory Mediation Ruling Still Leaves Courts Leeway

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    An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.

  • Russia Ruling Shows UK's Robust Jurisdiction Approach

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    An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

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