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Commercial Litigation UK
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August 12, 2024
UK Gov't Faces Fresh Claim Over 'Gender Critical' Network
An individual has sued the U.K. government and a public employee after the staffer made gender-critical statements at work, the second such claim the government has faced in recent months.
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August 12, 2024
Nurses Union Defeats Ex-Council Boss' Whistleblower Claim
A U.K. nurses union has beaten a whistleblowing claim from an ex-council chair who leaked information about the former CEO's exit settlement to the press, after a tribunal found he was rightly expelled for breaching a confidentiality agreement.
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August 12, 2024
Postman Loses Unfair Dismissal Bid Against Royal Mail
A postman lost his discrimination case against Royal Mail on Monday after a protracted litigation battle, with an employment tribunal finding that it was reasonable for the postal service to fire him after a two-year absence from work and his clear intention never to return.
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August 19, 2024
Kirkland Hires Simmons & Simmons' Antitrust Head In London
Kirkland & Ellis LLP announced Monday that it has recruited the head of competition, antitrust and trade at Simmons & Simmons LLP in a move to boost its capabilities representing clients in U.K. and European Union matters in its London office.
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August 12, 2024
Kuwaiti Diplomat's Maid Cannot Sue For Modern Slavery
A Kuwaiti diplomat has won his bid to nix an employment claim brought by an employee for forced labor, with a tribunal finding that while her working conditions violated U.K. law, they did not amount to servitude.
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August 12, 2024
Death Of Firm Owner Ends Employee Contracts, Judge Rules
An employment judge has ruled that the staff of a solicitor were not employed after his death because his father did not have the legal authority to offer them a contract, according to a decision published Monday.
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August 12, 2024
Ex-MedTech Chemist Must Be Specific In Bid For IP Profits Cut
A chemist who worked at a medical device company must be more specific about his claimed inventions and their related patents as he looks to win a share of the cash the products have generated, a London court ruled Monday.
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August 12, 2024
Westfield Sues Clearpay Over Brand Deal Breach
Shopping giant Westfield has sued Clearpay Finance Ltd. for more than £665,000 ($848,722), claiming the payment processing provider wrongly terminated two "buy now, pay later" partnerships with its London shopping centers.
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August 09, 2024
Kuwaiti Investment Arm Immune From Ex-CEO's Claim
The Kuwait Investment Authority has succeeded in getting a whistleblowing claim from its former chief executive thrown out of a London tribunal after a judge ruled that he was employed as a diplomat, and therefore the authority has sovereign immunity against his claim.
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August 09, 2024
Czech Republic Loses Challenge To $350M Arbitration Award
The Czech Republic has lost its multipronged challenge to a $350 million arbitration award in favor of a blood plasma company, with a London court dismissing its case Friday that a medical supply deal wasn't protected by an investment treaty.
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August 09, 2024
Landlords, Lawyers Accused Of Lying To Get Costs Ruling
A man who was in a legal dispute over rent arrears has sued his landlord and the landlord's legal team for more than £147,500 ($187,383), alleging that two cost judgments were obtained by fraud.
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August 09, 2024
Lawyer To Face Tribunal Over Report Of False Asylum Claims
A former law firm manager must face a London tribunal after the Solicitors Regulation Authority suspended his practicing certificate and shut the legal business down following a media investigation into fake asylum claims.
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August 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.
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August 09, 2024
Plane Stuck In Russia 'Not Lost,' Reinsurers Argue
A batch of reinsurers has denied they must pay out in a row over $44 million to cover the alleged loss of a plane leased to a Russian airline, arguing the plane is not lost and would not be covered by the policy.
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August 09, 2024
Mosque Must Pay £30K For Bias After Firing Somali Teacher
An employment tribunal has ordered a London mosque to pay nearly £30,000 ($38,300) to a female Quran teacher after unfairly sacking her over dwindling student numbers because she was a Somali woman.
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August 09, 2024
Judge Tells Katie Price To Attend Court Or Be Arrested Again
A judge told Katie Price on Friday that she needed to attend the next court hearing in relation to her bankruptcies, warning the former model that failing to do so would result in her being arrested again.
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August 09, 2024
The Top Commercial Dispute Trials & Rulings Of 2024 So Far
So far in 2024 disputes lawyers have been treated to the first trial in the U.K. of an opt-out collective action, the Pope's chief of staff giving evidence, and Mozambique being awarded more than $825 million for the tuna bond scandal.
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August 08, 2024
Dairy Farm Investor Fights For €77.5M Claim Against Serbia
A dairy farm investor is arguing that an arbitral award wrongly ordered Serbia to pay him €14.5 million ($15.8 million) instead of the €77.5 million he sought after his shares in the company were expropriated, saying the tribunal failed to provide any reasoning for its damages calculation.
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August 08, 2024
Judge In HMRC Case Won't Step Aside Over 'Scurrilous' Claim
A London judge has refused to recuse himself from litigation involving HM Revenue & Customs because of apparent bias and institutional corruption owing to his former connection to the department, finding some of the allegations "frankly scurrilous."
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August 08, 2024
Chanel Wins Order For Ex-Staffer To Take Down TikTok Videos
A London judge on Thursday ordered former Chanel Ltd. employee Charlotte Skeens to temporarily take down videos she posted on TikTok, postings that the legacy fashion brand alleges amount to publishing confidential information and, therefore, breach a settlement agreement.
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August 08, 2024
Derivatives Co. Fails To Refreeze Assets In Global Fraud Case
Multibank has failed to revive a freezing order against two investment companies and an executive it alleges were involved in an unlawful conspiracy, after an appeals court upheld a ruling that the international derivatives provider had made serious disclosure failings.
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August 08, 2024
Carnival Cruise Line Fights Employee's Unfair Dismissal Win
Lawyers for Carnival PLC urged the Employment Appeal Tribunal on Thursday to toss out a decision finding that the cruise ship operator unfairly dismissed an employee by making her redundant shortly after her maternity leave, arguing that the original judgment was unclear and included errors of law.
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August 08, 2024
Kebab Supplier Says Jail Time Stopped Oversight Of TM Use
The owner of a trade kebab meat supplier has claimed that supermarket chain Iceland did not get permission to use his company's logo on products as his son took control of the business and made decisions without his consent while he was in prison.
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August 08, 2024
Finance Co. Botched Risk Outline In Fire Claim, Insurer Says
A subsidiary of U K Insurance Ltd. has denied having to pay out on a policy with Parker Asset Management Ltd. over a fire that destroyed a property costing around £4.2 million ($5.3 million), saying the company did not fairly present its insurance risk.
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August 08, 2024
Caretaker Farting On Younger Worker Was Age Discrimination
A tribunal has found that a caretaker who farted on an "ambitious" younger colleague to "show him who was boss" was guilty of age discrimination, but the case was dismissed because he brought it too late — although a separate unfair dismissal claim was upheld.
Expert Analysis
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FCA Case Failures Highlight Value Of Robust Investigation
The recent U.K. upper tribunal judgment in Seiler, Whitestone and Raitzin v. The Financial Conduct Authority, criticizing the regulator for accepting a narrative advanced by the firm, makes clear that such admissions must not get in the way of a proper investigation to enable agencies to target the correct individuals, say Tom Bushnell and Olivia Dwan at Hickman & Rose.
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Reputation Management Lessons From Spacey Case
While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.
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Factors To Consider In Protecting Software With Trade Secrets
With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.
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What ClientEarth Ruling Means For Shareholder Climate Suits
The High Court recently confirmed its earlier decision in ClientEarth v. Shell, illustrating that environmental groups seeking to bring a derivative action against corporate directors' strategic decision making may find it challenging to obtain admissible evidence to establish a prima facie case of a breach, say lawyers at Herbert Smith.
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Directors Should Beware Reinvigorated UK Insolvency Service
The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.
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EU Privacy Plan Finally Resolves Data Transfer Woes
Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.
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The New Accountability Landscape For Financial Regulators
The preliminary-stage success of a group of U.K. lawmakers in a case against the Financial Conduct Authority highlights the significant hurdles for review of regulatory actions, but the Financial Services and Markets Act 2023 creates additional visibility into the regulators' decision making, which may lead to an increase in judicial review activity, say attorneys at Cleary.
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Director Responsibilities Amid Russian Asset Seizures
Following Russia's recent takeover of several companies, shareholders may argue that directors failed to properly guard the companies' assets and choose to bring derivative claims or unfair prejudice petitions, say lawyers at Collyer Bristow.
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Investors Should Prepare For Possible EU Energy Treaty Exit
Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.
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What Trustees Must Know About Virgin Media Pension Case
The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.
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EU Illumina-Grail Fine Cools Cos.' Merger Control Approach
The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.
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UK Top Court Ruling Spells Uncertainty For Litigation Funders
The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.
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4 ADR Techniques To Know In Employment Cases
With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.
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EU Privacy Framework Will Aid Int'l Data Transfer Compliance
The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.
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Opinion
Plea For A New Int'l Tribunal For Russia's Crime Of Aggression
Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.