Commercial Litigation UK

  • March 01, 2024

    Sales Rep's COVID Home Working Unfair Firing Claim Revived

    A key worker can reargue a claim that his employer unfairly fired him for refusing to work in the office because of COVID-19 because a lower judge failed to consider a key legal test before tossing his case, an appeals tribunal said Friday.

  • March 01, 2024

    AI Art Tool Doesn't Infringe Getty IP, Stability Says

    The British company tied to popular artificial intelligence art platform Stable Diffusion has denied claims that it developed or used the software in any way that infringes Getty Images' intellectual property, marking a new chapter in the premier U.K. copyright claim over generative AI.

  • March 01, 2024

    WealthTek Case Paused For FCA To Weigh Bringing Charges

    A judge on Friday delayed the Financial Conduct Authority's enforcement proceedings against a wealth manager over an £80 million ($101 million) shortfall, finding the watchdog should prioritize deciding whether to charge the company's founder over one of the "most significant frauds" it ever investigated.

  • March 01, 2024

    Tribunal To Rehear Worker's Firing Over COVID Hybrid Ask

    An employment tribunal judge failed to fully examine a salesman's requests for hybrid work during the COVID-19 pandemic, an appellate panel has ruled after finding this might have saved his automatic unfair dismissal claim.

  • March 01, 2024

    Baker Botts Chases Petrochemical Client For $7M Legal Fees

    Baker Botts LLP has taken an Egyptian energy tycoon to court, alleging he owes the firm nearly $7 million in fees for representing two of his petrochemical companies in legal proceedings in a dispute over shares.

  • March 01, 2024

    Lotto Player Won £10, Not £1M, Appeals Court Rules

    An "instant win" game player won £10 ($12.60) and not £1 million as she had believed due to a technical issue, a London court ruled Friday in the first appellate decision to consider how online terms and conditions are publicized.

  • March 01, 2024

    Business Owners Fail To Prove COVID Impact, Insurer Says

    A pub landlord and seven other business owners have failed to prove that a case of COVID-19 occurred at each of their premises and caused its closure, therefore justifying insurance cover, Liberty Mutual Insurance Europe SE has said.

  • March 01, 2024

    Ex-Stobart CEO Fights To Argue Conspiracy As A Shareholder

    Stobart Group's former chief executive should not be allowed to retry his claim that he was the victim of a conspiracy to remove him as chair, the company now known as Esken Ltd. told a London court on Friday.

  • March 01, 2024

    Wright Blames Enemies For Forged Email In Satoshi Trial

    Craig Wright hit back on Friday at accusations that he forged an email amid a trial over his claims that he is the inventor of bitcoin, telling a London court that an enemy could have doctored the message to sabotage his case.

  • March 01, 2024

    5 Questions For Mishcon De Reya's Campbell Forsyth

    When the British army mobilized Campbell Forsyth full-time shortly after 9/11, his comrades could hardly have predicted that he would become a deputy High Court judge less than two decades later. Here, he gives Law360 a window into his life as a judge and reflects on his journey into patent litigation.

  • March 01, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.

  • March 01, 2024

    Ex-Health Sec Hancock Bids To Ax MP's Libel Tweet Claim

    Matt Hancock argued Friday that defamation claims brought by an independent MP over a tweet criticizing COVID-19 vaccine conspiracy theories should be struck out because the former health secretary did not refer to anybody by name. 

  • March 01, 2024

    Mike Ashley Widens Claims In £10M Loan Fight With Financier

    Former Newcastle United owner Mike Ashley has added fresh allegations to his legal claim against financier Amanda Staveley over a £10 million ($12.6 million) loan, claiming she breached the deal by using proceeds earmarked to help fund the takeover of the club to pay a consultant.

  • March 01, 2024

    Defense Ministry Hit With £30M Discrimination Claims

    More than 2,000 members of the armed forces have launched legal claims totaling £30 million ($38 million) against the Ministry of Defence for allegedly discriminating against younger and unmarried personnel over housing costs, the law firm leading the action has said.

  • February 29, 2024

    Judge Nixes Enforcement Of 'Fabricated' $88M Award

    An English judge on Thursday set aside his order enforcing a £70 million ($88.4 million) arbitral award against a Kuwaiti bank after concluding the award was a "fabrication" that included "substantial" passages lifted directly from a 2022 decision issued by the High Court.

  • February 29, 2024

    Housing Trust Workers Score Partial Win In Racial Bias Case

    An employment tribunal has found that one of the U.K.'s largest housing associations failed to ensure that its internal recruitment process avoided racial bias, upholding a discrimination claim brought by two mixed-race employees.

  • February 29, 2024

    Morgan Stanley Exec Denies 'Snobbery' In Frasers Fight

    A senior Morgan Stanley banker has denied hitting Frasers with a $1 billion margin call because of "snobbery," telling a London court Thursday that he had "no personal animus" toward the former CEO of the British retailer.

  • February 29, 2024

    Law Firm Sued Over Advice To Driver Injured On The Job

    A delivery driver who says he was injured dodging frozen fish boxes that fell at work has accused JMW Solicitors LLP of filing his compensation claim against the wrong defendant to avoid a conflict of interest with a valuable client.

  • February 29, 2024

    'Compton' TM Revived Over Weak NWA Rap Knowledge

    A European court has restored a Swiss company's "Compton" trademark for streetwear, finding that consumers were unlikely to have sufficient knowledge of gangsta rap to link it with the California city that found notoriety through a track by N.W.A.

  • February 29, 2024

    Drax May Face Group Litigation Over Greenwashing Claims

    Drax Group PLC shareholders could launch a group legal action against the energy company over claims it faked its environmental credentials to secure £6.5 billion ($8.2 billion) in U.K. government subsidies, the law firm helming the action said.

  • February 29, 2024

    Tesco Splits Hairs Over 'Relevant' Job Facts In Pay Appeal

    Retail giant Tesco Stores Ltd. argued on Thursday that the approach taken to comparing the jobs of female shop workers to those of higher-paid male distribution center staff was "too restrictive," in the latest battle over the women's claim for equal pay.

  • February 29, 2024

    Mozambique President Beats 'Tuna Bonds' Immunity Appeal

    Mozambique's president cannot be sued in England by shipbuilder Privinvest in the country's wide-ranging litigation over the $2 billion "tuna bonds" corruption scandal as a London appellate court on Thursday upheld a ruling that he has immunity as a sitting head of state.

  • February 29, 2024

    Police Federation Liable For 9,500 Pension Payouts

    The Police Federation of England and Wales is on the hook to compensate thousands of its members after a group won its legal battle over a pension scheme that gave young officers worse benefits than older colleagues, a tribunal has ruled.

  • February 29, 2024

    Academic Says Richard III Film Shows Him As Misogynistic

    A university academic who oversaw the discovery of Richard III's remains told the High Court in the first stage of a libel trial on Thursday that a Steve Coogan film portrays him as devious, misogynistic, patronizing and disablist.

  • February 29, 2024

    Care Worker Accused Of Being 'Suddenly Muslim' Wins Case

    A London council discriminated against a care worker because of his religion by saying he "suddenly became a Muslim" when he asked to take Fridays off to go to the mosque, a tribunal has ruled.

Expert Analysis

  • Key Points From EC Economic Security Screening Initiatives

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    Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • Why EU Ruling On Beneficial Ownership May Affect The UK

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    Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.

  • Opinion

    Labour Should Reconsider Its Discrimination Law Plans

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    While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • Tracing The History Of LGBTQ+ Rights In The Workplace

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    Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.

  • Ruling In FCA Case Offers Tips On Flexible Work Requests

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    In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.

  • Pension Scheme Ruling Elucidates Conversion Issues

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    In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.

  • New Fraud Prevention Offense May Not Make Much Difference

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    By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    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.

  • Decoding UK Case Law On Anti-Suit Injunctions

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    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.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    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.

  • EU Product Liability Reforms Represent A Major Shakeup

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    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.

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    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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