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Commercial Litigation UK
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October 21, 2024
Medic Wins £6K Over Manager's Offer To Get Her Pregnant
An ambulance medic whose manager asked her if she wanted help getting pregnant has won £6,000 ($7808) in her discrimination claim after a tribunal found her employer failed to take her allegations seriously.
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October 21, 2024
BHP Nears $30B Brazilian Dam Settlement As UK Trial Opens
BHP has said it is edging toward a 170 Brazilian real ($30 billion) settlement with Brazilian authorities over a dam collapse that triggered the Latin American country's worst environmental disaster as the miner is due to face a parallel London trial beginning on Monday.
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October 18, 2024
Apple To Face £785M Class Action From UK App Developers
Britain's antitrust tribunal ruled Friday that U.K. app developers could join together to bring a £785 million ($1 billion) class action against Apple over "excessive" app store fees after the claimants provided a "blueprint" to trial.
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October 18, 2024
Solicitor Must Pay For Suing Barrister Repping Ex-Firm
An employment tribunal ordered a solicitor to pay £3,000 ($3,914) to cover costs that his old law firm and its barrister incurred while fighting claims of victimization that the court had no jurisdiction to hear.
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October 18, 2024
Ofsted Unfairly Fired Inspector For Touching Child's Head
England's education and childcare regulator unfairly dismissed one of its inspectors for brushing rain from a student's forehead, a London appeals court has ruled.
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October 18, 2024
Post Office GC Says Legal Strategy Flawed By Group Think
The Post Office's top lawyer told the inquiry into the Horizon accounting scandal on Friday that the organization's approach to litigation with wrongly convicted subpostmasters was "flawed" and its legal advisers fell victim to "group think."
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October 18, 2024
Utilities Co. Seeks Compensation For COVID Shutdown
A civil works contractor has claimed that it should get extra time or money that it was denied in order to complete an almost £500,000 ($652,000) gas mains installation that was held up by the COVID-19 pandemic.
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October 18, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.
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October 18, 2024
Teacher Wins £14K For Dismissal Linked To Racism Claims
An employment tribunal ordered a primary school to pay £14,733 ($19,216) to a Black teacher it hurriedly ousted after considering that her accusations of "blackophobia" against senior colleagues broke down their working relationship beyond repair.
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October 18, 2024
Opera Coach Axed After Pronoun Complaints Wins Claim
An opera training organization unfairly fired a conductor in the wake of complaints over the pronouns he used to refer to another artist, a tribunal has ruled.
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October 18, 2024
Osborne Clarke Pro Can't Block Zahawi SLAPP Case Evidence
The Solicitors Regulation Authority can argue that it was not common practice when a partner at Osborne Clarke LLP, who represented Nadhim Zahawi, warned a critic probing the former chancellor's tax affairs not to disclose a defamation threat, a tribunal ruled Friday.
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October 18, 2024
DPD Driver Wins £20K Over Colleagues' Flexible Hours Gossip
A DPD delivery driver has been awarded more than £20,000 ($26,000) after a tribunal found his colleagues gossiped about the flexible hours he worked to allow him to accommodate the birth of his daughter, but ruled that the delivery company did not unfairly dismiss him.
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October 18, 2024
BHP To Face £36B Trial In London Over Brazil Dam Collapse
A highly anticipated trial that will pit some 640,000 Brazilian claimants against mining giant BHP over the collapse of a dam opens in London on Monday and could set in motion a raft of claims against global companies over their environmental records.
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October 18, 2024
5 Questions For Leigh Day's Environment Team
Leigh Day's environment team has spoken to Law360 about their landmark victory at the U.K. Supreme Court, brought on behalf of climate activists fighting fossil fuel production plans across the county, and the implications of the ruling for future environmental litigation.
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October 17, 2024
Bailiff Loses Claim Over Emotional Support Dog
The Ministry of Justice was not obligated to let a court bailiff travel with her Yorkshire terrier, as an employment tribunal ruled that her anxiety levels on the job wouldn't have improved with an emotional support dog.
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October 17, 2024
Bathroom Biz Denies Fooling Buyers With 'Easy' TM
A bathroom fittings supplier has denied infringing several of easyGroup's trademarks, telling a London court that the companies' markets are too different for consumers to mistake "Easy Bathrooms" for part of the easyJet owner's portfolio.
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October 17, 2024
Ex-Exec Calls Training Co.'s Libel Claim 'Corporate Bullying'
The former sales director of an apprenticeship provider has argued that a libel claim against him is "an abuse of the legal system," after his former employer accused him of harassing senior staff in anonymous messages.
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October 17, 2024
Morgan Lewis Adds Powell Gilbert Co-Founder As Partner
Morgan Lewis & Bockius LLP has hired the co-founder of intellectual property boutique Powell Gilbert LLP as its newest partner in London, a move that bolsters the U.S. firm's ambitions to become a patent litigation powerhouse in Europe.
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October 17, 2024
Telefónica Defends 'E-Plus' TM Against Tech Biz At EU Court
Telefónica's German arm has fought off a U.S. tech company's bid to nix one of its "E-Plus" trademarks, proving to a European Union court that it put the sign to genuine use within a key five-year period.
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October 17, 2024
Bratz Maker CEO Denies Forcing UK Retailer To Drop Rival
The chief executive of toy giant MGA Entertainment Inc. denied on Thursday that he forced a U.K. retailer to stop selling a rival product, hitting back at claims that he killed off a competitor by making baseless patent infringement litigation threats.
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October 17, 2024
Home Office Pushes Blame On Jersey For Harm To Hemp Biz
The Home Office has denied it attempted to block a Jersey hemp company from exporting its products to the U.K., arguing the crown dependency authorities acted on their own initiative and were not bound by its advice.
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October 17, 2024
Tesco Wrongly Fired Union Rep For Colleagues' Protest
A Tesco union representative who acted as a middleman between managers and colleagues who had walked out in protest was unfairly sacked, after a tribunal found the supermarket giant wrongly regarded him as the orchestrator of the action.
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October 17, 2024
VC Firm Denies Failing Putin's Ex-Son-In-Law's Divorcee
A venture capital firm has denied owing the ex-wife of Vladimir Putin's former son-in-law a £1.1 million ($1.4 million) refund for allegedly valueless help with securing her $60 million prenuptial agreement, claiming it spent hundreds of hours working for her.
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October 17, 2024
StanChart Libor Decision Splits Bank And Investor Interests
The High Court's landmark decision allowing Standard Chartered to use an alternative to Libor has provided certainty to contracts that fail to provide for the abolition of the benchmark rate, but gives investors less flexibility than they might consider the wording provides.
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October 17, 2024
Daily Mail Withdraws Articles In Privacy Battle With Tax Pro
The publisher of the Daily Mail will withdraw articles about an Alvarez & Marsal managing director's relationship with a billionaire, a lawyer for the senior tax professional told a London court on Thursday.
Expert Analysis
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Sanctions Ruling Opens Door For Enforcer To Clear Up Rules
In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.
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How Gov't Response Addresses Investment Act Concerns
The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.
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UPC Appeal Ruling Clarifies Language Change Framework
In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.
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How Generative AI Can Enhance Disclosure Review Processes
As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.
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Decoding Arbitral Disputes: The Benefits Of Non-EU Venues
In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.
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Experian Ruling Helps Cos. Navigate GDPR Transparency
In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.
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Salvaging The Investor-State Arbitration System's Legitimacy
Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.
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UK Trademark Law May Further Diverge From EU Standards
The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.
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Clarity Is Central Theme In FCA's Greenwashing Guidance
Recent Financial Conduct Authority guidance for complying with the U.K. regulator's anti-greenwashing rule sends an overarching message that sustainability claims must be clear, accurate and capable of being substantiated, say lawyers at Cadwalader.
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How Clinical Trials Affect Patentability In US And Europe
A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.
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ECHR Ruling May Pave Path For A UK Climate Damage Tort
In light of case law on the interaction between human rights law and common law, the European Court of Human Rights' recent ruling in KlimaSeniorinnen v. Switzerland, finding the country at fault for failures to tackle global warming, could tip the scales toward extending English tort law to cover climate change-related losses, say lawyers at Cleary.
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Disciplinary Ruling Has Lessons For Lawyers On Social Media
A recent Solicitors Disciplinary Tribunal judgment against a solicitor for online posts deemed antisemitic and offensive highlights the serious sanctions that can stem from conduct on social media and the importance of law firms' efforts to ensure that their employees behave properly, say Liz Pearson and Andrew Pavlovic at CM Murray.
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The Art Of Corporate Apologies: Crafting An Effective Strategy
Public relations challenges often stop companies from apologizing amid alleged wrongdoing, but a recent U.K. government consultation seeks to make this easier, highlighting the importance of corporate apologies and measures to help companies balance the benefits against the potential legal ramifications, says Dina Hudson at Byfield Consultancy.
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What UK Supreme Court Strike Ruling Means For Employers
Although the U.K. Supreme Court recently declared in Mercer v. Secretary of State that part of a trade union rule and employees' human rights were incompatible, the decision will presumably not affect employer engagement with collective bargaining, as most companies are already unlikely to rely on the rule as part of their broader industrial relations strategy, say lawyers at Baker McKenzie.
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Taking Stock Of The Latest Criminal Court Case Statistics
The latest quarterly statistics on the type and volume of cases processed through the criminal court illustrate the severity of the case backlog, highlighting the need for urgent and effective investment in the system, say Ernest Aduwa and Jessica Sarwat at Stokoe Partnership.