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Commercial Litigation UK
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June 05, 2024
Carer Wins £41K After Losing Job Over Racism Complaints
A care worker has won £40,700 ($52,000) in damages after convincing a tribunal that his employer unfairly fired him following a complaint that bosses treated ethnic minorities less favorably in the workplace.
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June 05, 2024
Google Must Face £14B Class Action Over Advertising
Google must face a £13.6 billion ($17.4 billion) class action brought on behalf of website publishers which run advertisements over alleged anticompetitive practices, Britain's antitrust tribunal said Wednesday.
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June 04, 2024
Russian Bank Threatens Ukraine With Expropriation Claim
A Russian bank that operates mainly on the Crimean Peninsula on Monday began the process of filing an arbitration claim against Ukraine, accusing the smaller country of sending it into financial ruin by allegedly nationalizing its assets.
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June 04, 2024
HP Fraud Charges Against Ex-Autonomy Execs Head To Jury
Closing arguments wrapped Tuesday in a California federal criminal trial over claims that former Autonomy CEO Michael Lynch and ex-finance vice president Stephen Chamberlain duped HP into overpaying billions for the British tech company, with Chamberlain's lawyer saying his client did his job "in good faith," which, in the court's eyes, is a "complete defense."
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June 04, 2024
Unsexy Cases Face Litigation Funding Gap, UK Judge Says
A judge formerly in charge of the U.K.'s Commercial Court told a conference in London on Tuesday that the growth of third-party funding could preclude claims that cannot be "commoditized" from being litigated.
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June 04, 2024
Art Dealer Can't Block Qatari Sheikh's $3M Forgery Claim
A London judge on Tuesday refused to strike out a claim brought by a Qatari sheikh and his investment fund that a Swiss antiques dealer falsified the provenance of a $3 million marble head of Alexander the Great, ruling it is not abusive relitigation.
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June 04, 2024
Tech Co. Denies Responsibility For £46M Plant Explosion
A technology provider has told a food company it does not owe it £46.1 million ($58.8 million) after a machine that had been upgraded blew up, saying that its client should have known the risk of an explosion was not zero.
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June 04, 2024
Royal Navy Must Face Transgender Reservist's Bias Claim
A tribunal has ruled that a transgender Royal Navy reservist can forge ahead with his harassment claim against the Ministry of Defence, finding that he had followed procedure for lodging a complaint with the defense body.
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June 04, 2024
Investor Rules Offer Shield To IG Index Debt, Tycoon Says
Real estate investor Robert Tchenguiz fought against an investment platform's claim over an alleged £7.9 million ($10 million) spread-betting debt at a London court on Tuesday, arguing that he has not run up the bill because the company failed to properly categorize him as a professional investor.
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June 04, 2024
Arch Insurance Denies Liability In £8M Hotel Spa Fire Row
Arch Insurance (UK) Ltd. has denied liability for the £8 million ($10.2 million) claimed by two English hotel companies for a blaze allegedly caused by a roofer covered by the insurer because the business made "false" presentations about its risk.
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June 04, 2024
Virgin Atlantic Must Unredact Docs Over COVID Redundancy
Virgin Atlantic Airways must hand over unredacted documents relating to a pandemic-era redundancy exercise after an appellate judge ruled that it was "overwhelmingly" proportionate to allow pilots suing the airline to view them.
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June 04, 2024
Law Firm Denies Bad Advice In £13M Development Claim
A U.K. law firm has hit back at a businessman's £13 million ($16.6 million) negligence claim, arguing it was not responsible for delays and hiked-up costs from a building project that ultimately led to his company's collapse.
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June 04, 2024
Payments Biz Can't Revive Anti-Fraud Tech Patent On Appeal
A payments compliance company cannot restore its patent over software designed to limit fraud in call centers because the idea is obvious in light of two earlier U.S. patents covering similar technology, an appeals court ruled Tuesday.
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June 04, 2024
IT Review Would Be Disclosed To Court, Post Office Warned
An internal Post Office report warned that any independent review of the faulty IT system used to prosecute innocent people would have to be disclosed in court, according to documents disclosed to the inquiry into the scandal on Tuesday.
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June 04, 2024
Mediator Loses Bias Claim Over Disbelief In Structural Racism
A mediator has lost his case that he faced harassment and discrimination over his opposition to critical race theory, as an employment tribunal ruled that removing his controversial online posts was justified to "avoid disruption and promote a harmonious workplace."
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June 04, 2024
AstraZeneca Unit Hits Back At Samsung In Soliris Patent Duel
Alexion has struck back at Samsung Bioepis as the pair continue their Soliris patent quarrel, and has told a court that its formula for a drug that treats rare blood diseases is inventive and deserving of protection.
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June 04, 2024
Sue Carr Expects Judges To Tap New Powers To Compel ADR
Judges in England and Wales will increasingly be called upon to use new court powers to compel alternative dispute resolution after a precedent-setting judgment was handed down, the country's most senior judge said Tuesday.
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June 03, 2024
Ex-Autonomy CEO 'Had 500M Reasons' For Fraud, Jury Told
Autonomy's ex-CEO Michael Lynch "had 500 million reasons to defraud HP," since he reaped $500 million by selling his company to the tech giant at an inflated price, a federal prosecutor argued Monday during closings for the businessman's criminal trial, while Lynch's lawyer told jurors, "HP was not a victim."
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June 03, 2024
Burford Tries To Send Dispute With German Co. To Arbitration
Burford Capital is urging a Delaware court to force a German entity to arbitrate their dispute stemming from a funding agreement for litigation against truck manufacturers that were targeted by European regulators for fixing their prices for more than a decade in the early 2000s.
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June 03, 2024
Morrisons Denies Leaving Car Charging Supplier In The Dark
Supermarket giant Morrisons has denied dishonestly ditching an electric vehicle charging supplier to pursue a £2.5 billion ($3.1 billion) deal with a competitor, claiming it was highly sensitive commercial information that could not be lawfully disclosed.
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June 03, 2024
Broker Blames Mexican Insurance Co. In $18.7M Fraud Row
A London-based insurance broker has denied responsibility for the $18.7 million claimed by a Mexican reinsurance broker and one of its clients, saying the North American company was the "author of its own misfortune" and to blame for not spotting fraud that caused the losses.
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June 03, 2024
Harley-Davidson Accuses Next Of Selling Logo Knockoff T-Shirts
Harley-Davidson has accused clothing retailer Next of copying its iconic flame logo to sell T-shirts, creating "unwanted associations" that would harm the motorcycle brand's reputation.
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June 03, 2024
Mammoth Swipe Fees Cases Joined Together In Pass On Trial
Two mammoth class actions against Mastercard and Visa will be heard together at a trial in November to resolve common issues about whether retailers passed on the credit and debit card giants' fees to consumers, a London tribunal has ruled.
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June 03, 2024
Glencore Owes $42M In Overpaid Fuel Deliveries, Trader Says
A Glencore subsidiary has been hit with an almost $42 million counterclaim in London court by a Dutch petrol trader that said it overpaid the mining giant's British entity for hundreds of deliveries of fuel.
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June 03, 2024
Labaton Keller Opens 1st Office Outside US In London
Labaton Keller Sucharow LLP said Monday it has opened its first office outside the U.S. in London, as the firm looks to expand its services to the U.K. and the rest of Europe.
Expert Analysis
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Oil And Gas Case Highlights Judicial Review Climate Trends
Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.
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Collapse-Risk Buildings Present Liability Challenges
Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.
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Age Bias Cases Illustrate Key Employer Issues On Retirement
Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.
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Why Indonesia Feels Frustrated By Airbus Dispute Outcome
Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.
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UAE Bank Case Offers Lessons On Enforcing Foreign Rulings
The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.
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9 Hallmarks Of The New German Class Action Regime
By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.
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Protecting The Arbitral Process In Russia-Related Disputes
Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.
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Examining US And Europe Patent Disclosure For AI Inventions
As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.
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Incontinence Drug Ruling Offers Key Patent Drafting Lessons
In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.
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Putin Ruling May Have Unintended Sanctions Consequences
By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.
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EPO Decision Significantly Relaxes Patent Priority Approach
In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.
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Landmark EU Climate Case May Shape Future Disputes
The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.