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Commercial Litigation UK
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July 31, 2024
Ex-Fieldfisher Lawyer Says Sex Assault Claim Was Conspiracy
A former senior associate at Fieldfisher LLP sacked over sexual harassment allegations told a tribunal Wednesday that a "group of close friends" had conspired to falsely accuse him of sexually assaulting a co-worker in a toilet during a work event.
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July 31, 2024
The 1975 Sued For £2M Over Same-Sex Kiss On Stage
The organizers of a Malaysian music festival are suing The 1975 and the British band's members for almost £2 million ($2.6 million) over a same-sex kiss initiated by frontman Matty Healy on stage at the event, which the organizers say breached the country's law and led to the festival being canceled.
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August 07, 2024
RPC Recruits New Insurance Partner From Womble Bond
Reynolds Porter Chamberlain LLP has hired Christian Charlesworth as an insurance partner from Womble Bond Dickinson (UK) LLP to join its office in the southwestern English city of Bristol.
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July 31, 2024
Holding Co. Can't Dodge Liability In IP Misrepresentation Feud
A London court has rejected a holding company's bid for a declaration that a cashpoint software business it sold in 2020 owns a disputed set of intellectual property, dashing the company's hopes of shielding itself from potential liability for other shareholders' alleged misrepresentations during the sale.
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July 30, 2024
Georgia Fends Off Massive Port Project Claim
An international tribunal has rejected a multinational consortium's claim against the Georgian government for nixing a contract to construct a deep-water port on the eastern shore of the Black Sea.
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July 30, 2024
Tanzania To Pay Indiana Resources $90M In ICSID Dispute
Tanzania has agreed to pay $90 million to a trio of Indiana Resources Ltd.'s majority-owned firms in a settlement over the African country's alleged unlawful expropriation of a nickel sulfide project, according to the Australian mining company.
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July 30, 2024
Consumers Can Appeal Some Blocked UK Mastercard Claims
The United Kingdom's specialty antitrust court gave the go-ahead Tuesday for a partial appeal of its June decision scrubbing as time-barred a swath of claims from a £10 billion ($12.7 billion) class action against Mastercard, while concluding some grounds of appeal have no "real prospect of success."
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July 30, 2024
Gov't To Boost Judicial Salaries By 6% To Tackle Vacancies
All salaried judges in England and Wales will get a 6% pay rise, the U.K. government said Tuesday, after a salary advice body revealed that "significant and persistent problems" have worsened delays in filling some vacancies.
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July 30, 2024
Samsung Gets J&J Unit's UK Stelara Patent Invalidated
Samsung Bioepis on Tuesday persuaded a London court to invalidate Janssen's patent over its blockbuster Stelara drug, proving that the medicine is not inventive over a 2018 presentation on the medicine's efficacy.
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July 30, 2024
Market Researcher Toluna Sues Competitor Over 'HarrisX' TM
Market researcher Toluna Holdings Ltd. has sued rival Stagwell for trademark infringement, accusing Stagwell of trying to take advantage of Toluna's longstanding reputation in the U.K. with the unauthorized use of the word "Harris" in its branding.
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July 30, 2024
Aviva Didn't Sabotage Service Assistant's Career Over Race
A customer service assistant lost more than 30 claims of discrimination and victimization against an Aviva PLC subsidiary, after an employment tribunal ruled that her own harmful behavior had strained her relationship with bosses and forced her out.
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July 30, 2024
Fieldfisher Defends Lawyer's Sacking Over Sexual Misconduct
A Fieldfisher LLP partner who sacked a senior associate over sexual harassment allegations told a tribunal Tuesday she stood by her decision as she gave evidence against the lawyer who claimed that he had been unfairly dismissed.
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July 30, 2024
Bahraini Dissidents Say Bugging Case Belongs In England
Two Bahraini dissidents urged a London appeals court Tuesday to uphold a ruling that the Gulf state cannot block them from suing it for allegedly infecting their computers with spyware because the hacking took place in the U.K.
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July 30, 2024
Forsters Pro Ducks Liability In Fight Over Billionaire's Estate
A Forsters LLP private wealth solicitor cannot be held personally liable while he represents the estate of a Russian oligarch in a dispute over his $3.7 billion fortune unless the lawyer's actions are dishonest or fraudulent, a London court has ruled.
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July 30, 2024
Katie Price Faces Arrest For Not Attending Bankruptcy Hearing
A London judge issued a warrant on Tuesday for the arrest of Katie Price after the former model failed again to attend a court hearing in connection with her bankruptcies.
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July 29, 2024
Crypto Investors Get Provisional OK For £9B Binance Claim
Binance Holdings Ltd. must face a £9 billion ($11.5 billion) proposed class action brought by investors after a tribunal dismissed the cryptocurrency exchange's bid to strike out the claim, finding the evidence "just about" shows the case has a realistic chance of success.
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July 29, 2024
News Group Agrees To Seek 'Fake Security Threat' Evidence
The U.K. arm of Rupert Murdoch's news empire agreed in a London court Monday to search for more information related to an alleged "fake security threat" used to destroy evidence of unlawful information gathering techniques by journalists in a disclosure battle with two senior politicians.
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July 29, 2024
Car Parts Co. Defends Against Rival's Amazon Contract Loss
A car parts manufacturer has hit back at allegations that it wrongly modified a rival's truck spoilers and caused it to lose out on a multimillion-pound Amazon contract, arguing that the modifications were necessary for safety reasons.
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July 29, 2024
Chinese Firm Owes £42K To Manager It Called 'Western Devil'
A Chinese cross-cultural consultancy must pay £42,317 ($54,340) to an employee it racially harassed and called a "fake Western devil" before unfairly firing her, an employment tribunal has ruled.
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July 29, 2024
ECJ Nixes Swedish Dividends Tax On Foreign Pension Funds
Sweden can't collect a withholding tax on dividends distributed by Swedish companies to public pension funds abroad while exempting its own public funds because that is inconsistent with European Union law requiring the free movement of capital, the European Court of Justice said Monday.
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July 29, 2024
NFT Game Collaborator Says She Was IP Co-Owner
A cryptocurrency expert has said that her former business partner has improperly accused her of stealing confidential business information for an NFT-winning game they co-developed, despite having proof that she had not shared anything with his competitors.
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July 29, 2024
Marketer Told She Had Baby 'At The Wrong Time' Wants £30K
A marketer for an international accountancy accreditation body asked a tribunal on Monday to order her employer to pay her £30,000 ($38,500) for injury to her feelings after her boss told her that she "had a baby at the wrong time."
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July 29, 2024
Self-Employed Exec Can't Sue Firefighting Biz Over Dismissal
An executive at a firefighting organization extinguished his right to bring an unfair dismissal claim when he switched from being an employee to being self-employed, a tribunal has ruled.
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July 29, 2024
EU's Highest Court Upholds Disclosure Law
The European Union's highest court on Monday upheld the bloc's law requiring tax advisers to report potentially aggressive cross-border tax arrangements, rejecting a challenge from Belgian tax attorneys who said their country's implementation of the EU's DAC6 law violated European law.
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July 29, 2024
Top Corporate Crime Cases To Watch For The Rest Of 2024
The Serious Fraud Office's intention to charge individuals with bribery over Glencore's dealings in Nigeria, a major bitcoin money laundering trial and the ongoing legal battles between ENRC and the SFO are some of the major white-collar crime cases on the horizon.
Expert Analysis
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Decoding UK Case Law On Anti-Suit Injunctions
The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.
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Litigation Funding Implications Amid Post-PACCAR Disputes
An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.
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EU Product Liability Reforms Represent A Major Shakeup
The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Building Safety Ruling Offers Clarity On Remediation Orders
The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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EU Report Is A Valuable Guide For Data Controllers
The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Employers Can 'Waive' Goodbye To Unknown Future Claims
The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.
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AI Inventorship Patent Options After UK Supreme Court Ruling
The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.
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Ruling Elucidates Tensions In Assessing Employee Disability
An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.
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What Extending Corporate Liability Will Mean For Foreign Cos.
Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.
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Cos. Should Weave Metaverse Considerations Into IP Strategy
In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.