Commercial Litigation UK

  • 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.

  • February 29, 2024

    Disclosure Law Holds Up Under Scrutiny, ECJ Adviser Says

    A European Union law that requires tax advisers to disclose some cross-border arrangements does not violate the principles of European Union law, an adviser to Europe's highest court said on Thursday.

  • February 28, 2024

    Autonomy Founder's Fraud Trial Risks 'Morass,' Judge Warns

    The California federal judge overseeing the upcoming criminal fraud trial of Autonomy founder Mike Lynch over the software company's $11.7 billion sale to Hewlett-Packard warned prosecutors and defense attorneys Wednesday about growing estimates for the trial's length, saying they're "going to lose [jurors] in the morass" of a monthslong trial.

  • February 28, 2024

    Home Care Business Unfairly Fired Carer Over 'Joke Email'

    A former carer has won her unfair dismissal claim after a tribunal ruled that her employer didn't do a thorough enough investigation when firing her for sending a companywide "joke email" about her supervisor exposing herself at work.

  • February 28, 2024

    Dexcom Rival Fights Its Bid To Tweak Glucose Monitor Patent

    A Korean medical tech company has asked a London court to block Dexcom's bid to tweak its diabetes management patent to avoid losing protections should the court rule that it's invalid.

  • February 28, 2024

    Solicitor Fights To Revive Case Over Sex, Age Discrimination

    A solicitor launched a bid in an appeal tribunal to revive his sex and age discrimination claims against an English law firm Wednesday, arguing that a judge should not have struck them out over his failure to disclose documents.

  • February 28, 2024

    Insurer To Pay £15K To End Abuse Payout Row With Ex-Vicar

    The Church of England's main insurer has agreed to pay £15,000 ($18,950) in a settlement to resolve a dispute over a former vicar's liability for money the insurer paid to settle victims' claims after he was convicted of child abuse.

  • February 28, 2024

    Locksmith Sued For Cutting Copy Of Patented Key

    An Austrian security business has sued a London locksmith for allegedly infringing its patent by cutting copies of a key that used a protected locking design.

  • February 28, 2024

    Staveley 'Feared For Life' When Signing £36M Loan Demand

    Amanda Staveley "feared for her life" when she signed new repayment demands that allegedly make her personally liable for a £36 million ($45.5 million) demand from a Greek shipping magnate, her lawyers told a London court on Wednesday.

  • February 28, 2024

    Puma Can't Claw Back Baking Co.'s Jumping Feline TM

    Puma failed to stop a French baking company from registering a trademark of a bounding feline with the words "Bertrand Puma," after a European court ruled that baking tools were leaps away from the athletic company's products.

  • February 28, 2024

    Bogus Insurance Claim Lawyer Seeks To Overturn Striking Off

    A solicitor who made a false insurance claim over a road traffic accident urged a court on Wednesday to restore him to the profession, saying that a tribunal did not consider the "exceptional circumstances" of the case.

  • February 28, 2024

    Brain Injury Victim Fights To Recover Barred Legal Fees

    A road accident victim urged the appellate court on Wednesday to rule that legal costs for time his solicitors spent on his rehabilitation are valid and recoverable, saying that the lower court's "blanket ban" on them was because it applied the wrong test.

  • February 28, 2024

    Debt Recovery Ex-Exec Loses Pay Gap Challenge

    A former manager at a debt recovery company has failed to show that a pay gap was discriminatory, with a tribunal ruling that bosses were commercially pressured to pay three male co-workers more or risk losing them to a rival.

  • February 28, 2024

    Sanctions Ruling Affords Gov't Leeway In Foreign Affairs

    The failed attempt by two wealthy businessmen to overturn U.K. sanctions on appeal has underscored the court's limited role in questioning matters of foreign policy, even though the judiciary has carved out a larger role in weighing the proportionality of individual sanctions, lawyers say.

  • February 28, 2024

    Fortum Files Multibillion-Euro Claim Against Russia

    Finnish energy company Fortum has said it is bringing a multibillion-euro arbitration claim against Russia, saying Moscow's "hostile action" in seizing its power plants in the country in 2023 deprived Fortum of its shareholder rights.

  • February 28, 2024

    Prince Harry Loses Security Fight With UK Gov't

    Prince Harry lost his legal challenge on Wednesday against the U.K. government's decision to downgrade his taxpayer-funded security when he quit his royal duties, as a London judge ruled that the decision was not irrational or procedurally unfair.

Expert Analysis

  • Following The Roadmap 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.

  • Building Safety Ruling Offers Clarity On Remediation Orders

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    The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.

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