Commercial Litigation UK

  • May 02, 2024

    Mastercard Appeals Jurisdiction Ruling In £10B Class Action

    Mastercard argued to a London appellate court Thursday that a £10 billion ($12.5 billion) class action over its swipe fees should be governed by the law of the jurisdiction covering the bank that processed the payment, rather than the jurisdiction of the customers who suffered the loss.

  • May 02, 2024

    BofA Beats Whistleblower Claim Without Settlement Defense

    An employment judge has ruled a whistleblower working for Bank of America did not breach the terms of a settlement when he brought fresh litigation against the bank — but still dismissed his claims for filing them too late.

  • May 02, 2024

    Insurers Don't Have To Cover Deal Soured Over Bribery Woes

    A London appeals court on Thursday rejected a holding company's bid to overturn a ruling that found its insurers were not liable for losses it suffered when its acquisition of a construction contractor went south after bribery and corruption allegations.

  • May 02, 2024

    IBM Director Grilled Over Reverse Engineering Allegations

    An IBM director faced questions on Thursday about his role in accusing a tech rival of breaching its customer agreement by claiming it reverse-engineered IBM software, with lawyers for the rival arguing he improperly terminated the customer contract.

  • May 02, 2024

    InterDigital Claims Munich Court Win In Lenovo SEP Spat

    InterDigital said Thursday it has secured an injunction against Lenovo in Germany, with a Munich court ruling that Lenovo infringed an InterDigital patent deemed essential to 4G and 5G technology and was unwilling to agree to a fair license.

  • May 02, 2024

    Diabetic Worker Loses Timed Toilet Breaks Harassment Case

    A diabetic former Mitsubishi air conditioning unit factory worker has lost his claim that a colleague harassed him by timing his trips to the toilet, with a tribunal ruling that he had waited too long to lodge his case.

  • May 09, 2024

    Dentons Hires Disputes Partner With Green Expertise

    Dentons has hired an environmental litigation guru, who spent over a decade at Freshfields Bruckhaus Deringer LLP, to take up a partner position in its disputes team.

  • May 02, 2024

    Truck Aerodynamics Co. Sues Over Amazon Deal Loss

    A truck aerodynamics company has accused a rival of modifying products that were being tested by Amazon, leading them to perform poorly and causing the company to lose out on a million-pound contract.

  • May 02, 2024

    Bayer Sues Dr. Reddy's In Latest Xarelto Patent Clash

    Bayer has accused generic drugmaker Dr. Reddy's of selling blood thinning medication that infringes a dosage patent over its blockbuster drug Xarelto, marking the latest attempt by the pharmaceutical giant to stop challenges to its market share.

  • May 02, 2024

    Engineering Co. Fights For $10M Insurance Payout On Appeal

    A French engineering company relaunched its fight on Thursday for a $10.4 million insurance payout to cover damage caused when a ship crashed into an oil platform, arguing on appeal that a lower court misinterpreted the wording of its policy.

  • May 02, 2024

    Chef Sexually Harassed By Manager's Lewd Song Wins £79K

    A former hotel head chef has won almost £80,000 ($100,000) after a tribunal found that his manager sexually harassed him by singing a lewd song about unwanted sexual advances.

  • May 02, 2024

    Stalker Ex-BBC Presenter Must Pay Libel Damages To Cop

    A former BBC radio presenter imprisoned for stalking broadcaster Jeremy Vine must pay "substantial" compensation to the police officer who investigated him after she settled her libel claim on Thursday over false allegations that he posted about her online.

  • May 02, 2024

    Uber Hit With £250M Claim From London's Black Cab Drivers

    Uber was hit on Thursday with a multimillion-pound claim brought by more than 10,500 drivers of London's black cabs, who say the ride-hailing app operates unlawfully in the capital.

  • May 01, 2024

    Autonomy CEO's Atty Says Judge 'One-Sided' Against Client

    A Steptoe LLP partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial accused the judge overseeing the case of making comments to the jury that are "one-sided" in a way that prejudices the defense.

  • May 01, 2024

    Teacher Argues Ban Over Pronoun Use Violates Human Rights

    A teacher banned from the profession for misgendering a transgender pupil argued Wednesday that the prohibition unjustifiably interfered with his rights as a Christian.

  • May 01, 2024

    Court Staffer Wins Case Over Colleague's Grievance Lie

    An administrative officer at a Manchester magistrates court has won her claim alleging that her manager victimized her by lying about her accusing him of being "all over" a new recruit.

  • May 01, 2024

    FCA Opposes Paying Ex-Julius Baer Manager's Legal Costs

    The U.K.'s Financial Conduct Authority urged a London appellate court Wednesday to overturn a tribunal's decision to make it pay part of a former Julius Baer employee's legal costs, saying the tribunal unfairly ruled that the FCA had unreasonably not called witnesses who were overseas.

  • May 01, 2024

    Abbott Wants Sales Of Rival Glucose Monitor Barred For Now

    A subsidiary of Abbott Laboratories urged a London court Wednesday to bar medical devices rival Sinocare Inc. from mass marketing a glucose monitoring system that it argues is highly similar to a trademark for one of its own products.

  • May 01, 2024

    Bayer Gets Chance To Appeal Xarelto Patent Loss

    Bayer AG can appeal a High Court decision that nixed a patent for its blockbuster drug Xarelto in the U.K., the U.K. judiciary confirmed on Wednesday.

  • May 08, 2024

    Mantle Law Hires Construction Pro From Pinsent Masons

    Mantle Law (UK) LLP has hired a partner from Pinsent Masons LLP to its specialist construction, infrastructure and energy disputes practice in London, with the recruit kicking off his new role on Wednesday, amid a belief that boutique law firms are "coming of age."

  • May 01, 2024

    Medivet Exec Wins Claim Over Feeling 'Forced Out' By CEO

    The former head of clinical operations at Medivet won her claim on Tuesday accusing the private equity-owned veterinary chain of breaching her contract when the new CEO drastically changed her role while restructuring the business's management.

  • May 01, 2024

    Game Developer Denies Copying Rival's 'Generic' Racing App

    A British game developer has hit back at its French rival in a copyright feud over the pair's mobile games, telling a London court that any similarities between the apps are nondistinctive features that don't merit protection.

  • May 01, 2024

    Head Of Judiciary Sets Up Board For Open Justice Reform

    The head of the judiciary in England and Wales announced she has established a judge-led board to modernize open justice in courts and tribunals by exploring the "careful" expansion of broadcasting hearings and making it easier for the press to attend them online.

  • May 01, 2024

    Gov't To Pay £19K For Worker Status Error

    An employment tribunal has ruled that the government owes a company director £19,522 ($24,371) after the Insolvency Service rejected his redundancy payment claims and mistakenly concluded that he wasn't an employee.

  • May 01, 2024

    Ex-Cartwright King Lawyer Denies Post Office Stalling Tactic

    A former Cartwright King lawyer who prosecuted people for the Post Office based on faulty IT data denied there was a "tactic" to delay the disclosure of vital evidence to the defense, as he gave evidence to the inquiry into the Horizon scandal on Wednesday.

Expert Analysis

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • The Outlook For UK Restructuring Plans At Home And Abroad

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    The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.

  • Foreign Assets Ruling Suggests New Tax Avoidance Approach

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    The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.

  • Class Action-Style Claims Are On The Horizon In 2024

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    Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.

  • Cos. Must Monitor Sanctions Regime As Law Remains Unclear

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    While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.

  • The Top 7 Global ESG Litigation Trends In 2023

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    To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.

  • Proposed Amendment Would Transform UK Collective Actions

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    If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.

  • EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'

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    The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.

  • Employment Law Changes May Increase Litigation In 2024

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    As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.

  • How 'Copyleft' Licenses May Affect Generative AI Output

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    Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.

  • UK Compulsory Mediation Ruling Still Leaves Courts Leeway

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    An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.

  • Russia Ruling Shows UK's Robust Jurisdiction Approach

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    An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

  • PPI Ruling Spells Trouble For Financial Services Firms

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    The Supreme Court's recent decision in Canada Square v. Potter, which found that the claimant's missold payment protection insurance claim was not time-barred, is bad news for affected financial services firms, as there is now certainty over the law on the postponement of limitation periods, rendering hidden commission claims viable, say Ian Skinner and Chris Webber at Squire Patton.

  • UPC Decision Highlights Key Security Costs Questions

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    While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.

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