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Commercial Litigation UK
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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.
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August 08, 2024
Revolution Bar Chain Wins Greenlight For Restructuring Plan
Revolution Bars was granted approval for a restructuring plan on Thursday as a London court concluded that it was a better approach than the alternative of allowing the struggling hospitality business to collapse into insolvency.
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August 08, 2024
Funder Nera Capital Buys 50,000 Spanish Car Cartel Claims
Litigation funder Nera Capital has bought 50,000 claims for compensation valued at an estimated €1 billion ($1.1 billion) over a Spanish auto cartel involving many of the largest vehicle manufacturers in the world, including General Motors and Honda.
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August 08, 2024
Home Office Seeks Repayment Of Overpaid Motorola Invoices
The Home Office has hit back at a claim by a subsidiary of Motorola Solutions, which alleges that the ministry owes it £13.5 million ($17.1 million) and that the government has been incorrectly invoiced since 2021 and overpaid for Britain's emergency services communication network.
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August 08, 2024
Bible College Fairly Fired Teacher Over Homosexuality Tweet
A Bible college was right to fire a teacher over a controversial tweet that led to a barrage of criticism because it was trying to protect its reputation and maintain harmony on campus, an employment tribunal has ruled.
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August 08, 2024
Malaysia Immune From Secretary's Salary Claim In UK
A secretary at the Malaysian High Commission in London cannot bring a claim over her salary against the Asian country in the U.K. because the case is barred under state immunity laws, a tribunal has ruled.
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August 08, 2024
The Top Corporate Crime Cases Of 2024 So Far
The partial acquittal of two retired British executives on bribery charges as part of a major Serious Fraud Office investigation, the first bribery conviction of a foreign official and Julian Assange's shock plea deal are just a few of the blockbuster cases so far in 2024.
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August 08, 2024
CAT President Reprimanded Over Love Letter To Junior Staff
The president of the Competition Appeal Tribunal, Marcus Smith, has been issued with a serious warning for misconduct for expressing his love to a junior member of staff in a handwritten letter.
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August 07, 2024
CMS Beats Claims That It Misused Trust Funds
A London judge on Wednesday struck out property developers' claims against law firm CMS, ruling that they had no reasonable prospect of proving that their former solicitors had misused trust funds.
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August 07, 2024
Asset Freeze Continuing In OneCoin Investor Claim
A London judge allowed a freezing order to continue Wednesday against eight people and four companies alleged to have been involved in the $4 billion OneCoin cryptocurrency scam, in an early stage of a group action claim brought by the scheme's investors.
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August 07, 2024
Adviser Tells Investor To Pay Up After €150M Investment
A real asset adviser has accused an investor of failing to pay for its services securing a €150 million ($164 million) investment.
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August 07, 2024
Thurrock Sues Advisers Over Bond Investment Guidance
A cash-strapped English local authority has sued Laven Advisors LLP for more than £20 million ($25.4 million), arguing that fraudulent statements by a representative of the regulatory host caused it to invest in high-risk bonds.
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August 07, 2024
Axiom Must Pay Hundreds Of Staff For Trade Union Breaches
Hundreds of former Axiom Ince Ltd. staff have won compensation, thanks to a tribunal ruling that the firm breached U.K. trade union laws when it made the employees redundant amid its collapse in October.
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August 07, 2024
Gov't Closes 'A Small Number' Of Courts Over Far Right Fears
Multiple courts and tribunal centers closed early on Wednesday over fears of public disorder, the U.K. government has said, after far right groups threatened to target immigration lawyers in recent days.
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August 07, 2024
Ex-Citibank Worker's Wages Claim Struck Out
An employment tribunal has refused to hear a former Citibank worker's claim that the lender unlawfully paid him nothing for his work, finding there is no evidence he did anything worth paying for after he knew his contract was terminated.
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August 07, 2024
Instrument Dealer Accused Of Ripping Off Amplifier Brand
The registered owner of the Dumble guitar amplifier brand used by music legends such as Eric Clapton and Carlos Santana has hit a British instrument dealer with a trademark infringement case for allegedly misusing the brand's name.
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August 07, 2024
Chubb, Fidelis Deny Liability For Planes Stranded In Russia
Two insurers have separately denied they are liable for $325 million in losses claimed by a group of aircraft leasing businesses stemming from jets grounded in Russia after its invasion of Ukraine.
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August 07, 2024
Qatar Embassy Immune From Officer's Unfair Dismissal Claim
Qatar's British embassy has state immunity from a claim for unfair dismissal brought by a former member of staff because his employment was an "act of sovereignty," a tribunal has ruled.
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August 07, 2024
Investment Co. Sues Rival Biz For Passing Off Qube TM
Qube Research & Technologies has sued a rival investment manager over the use of the word "Qube" in its branding, accusing it of trying to mislead consumers into believing that there is a connection between the companies.
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August 07, 2024
Taylor Rose Partner Suspended For Misleading Client
A veteran solicitor was hit with a nine-month suspension on Wednesday after a tribunal found he deliberately attempted to lie to a client and made a junior colleague complicit, ruling that he "was dishonest and directly responsible for his actions."
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August 07, 2024
Disabled Ex-Postman Revives Royal Mail Discrimination Fight
A disabled former postman has revived his discrimination case against Royal Mail, as an appeals tribunal concluded that a lower court had failed to properly consider his case that he was forced into retirement after suffering a knee injury.
Expert Analysis
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EU Case Shows Wide Approach To Blocking Telecom Mergers
The EU court's recent judgment in Commission v. CK Telecoms may make it more challenging to secure clearance for telecom and other companies pursuing mergers, illustrating its broad approach to mergers that risk harming competition without creating a dominant position, say Dominic Long and Christopher Best at Allen & Overy.
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Protecting Reputation In The Age Of Shareholder Activism
With the rise in investors using equity ownership to influence the management of a company, shareholder activism has taken on fresh impetus, and general counsel have a critical part to play in safeguarding an organization's reputation by engaging in open communication and implementing effective corporate governance, says Neil McLeod at The PHA Group.
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Factors Driving Increased Litigation Against European Cos.
European government regulation and enforcement, economic inflation and litigation funding are driving an increase in litigation, especially class actions, against corporations in Europe, a trend that seems to be here to stay, says Henning Schaloske at Clyde & Co.
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US-EU Plan On AI Illustrates Differing Opinions On Regulation
While the recently announced U.S.-EU voluntary code of conduct for artificial intelligence demonstrates a commitment to deliberate management of the technology, differing views on AI regulation in both regions — and globally — highlight the challenges of achieving a universal solution, say attorneys at Dechert.
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EU Ruling Sets Antitrust Analysis For Vertical Price-Fixing
The European Court of Justice's recent ruling in Super Bock v. Autoridade da Concorrência marks a significant step forward by introducing well-established EU competition law principles in the context of vertical price-fixing agreements, and seems to align with the U.S. approach, say lawyers at McDermott.
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What Venezuelan Gold Fight Means For UK One Voice Doctrine
The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.
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The Importance Of A Proactive Approach To Workplace Safety
Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.
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How Conflict Management Can Prevent Arbitration Disputes
Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.
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Loot Box Regulation In Europe Could Benefit From Reform
In light of recent court rulings concerning video game loot boxes, authorities across Europe are taking increasing note of this mechanism, yet with a coordinated approach, appropriate regulations and a focus on enforcement, there is no need to issue a ban, say Elia Kim and Hazal Kirci at Simmons & Simmons.
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Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.
In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.
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Why Workplace Menstruation And Menopause Support Matters
The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.
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Pension Trustee Case Could Lead To Fossil Fuels Divestment
While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.
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Outbound Screening May Be Next EU Investment Control Step
Following the European Commission’s recent commitment to reduce dependence on third countries by developing an outbound investment review mechanism, it will be interesting to see whether member states will take a united stand or whether national security interests will trump such an approach, say Christoph Barth and Neil Hoolihan at Linklaters.
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Barclays Ruling Narrows Banks' Fraud Recovery Duty
The U.K. Supreme Court's recent ruling in Philipp v. Barclays decided against the so-called Quincecare duty's application in authorized push payment fraud, shining light on how banks should balance their responsibility to follow customers' instructions against making reasonable inquiries, say lawyers at Ontier.
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EU Decision Adds To Growing Right Of Access Case Law
The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.