Commercial Litigation UK

  • June 24, 2024

    High Court Pay Not For Temp Judges, Master Of The Rolls Says

    The master of the rolls told an employment tribunal Monday that permanent High Court judges are in a different category to those who occasionally take on High Court duties, weighing in on a claim brought by judges who say they should be paid the same wages as permanent judges when they periodically sit at the High Court.

  • June 24, 2024

    Businessman Sentenced For Disclosure Failings In Fraud Suit

    A real estate investor was given a suspended sentence by a London judge Monday for failing to hand over information about his financial assets to investors suing him for alleged fraud, despite a court order.

  • June 24, 2024

    BHS Asks For £133M In Damages From Former Director

    Liquidators for now-defunct retail chain British Home Stores argued Monday that one of the company's former directors owes it £133.5 million ($169.2 million), maintaining that the court should calculate damages from the day he was found to have agreed to a loan that was not in the interests of shareholders and not likely to save the business.

  • June 24, 2024

    Dentons' Inadvertent AML Error Wasn't SRA Misconduct

    Dentons' U.K. arm failed in handling anti-money laundering checks on a politically exposed former client, but its oversight was entirely inadvertent and therefore did not amount to professional misconduct, a London tribunal has ruled.

  • June 25, 2024

    CORRECTION: Ex-Health Sec's Anti-Semitism Tweet About MP Was Opinion

    A tweet by former Health Secretary Matt Hancock, branding COVID-19 vaccine comments by Ex-Conservative MP Andrew Bridgen as anti-semitic conspiracy theories, expressed Hancock's opinions about the MPs views, not facts about him, a London court ruled Monday.

  • June 24, 2024

    Club Found Liable For Then-Secretary's 'Abusive' Acts

    Two bar staff were forced to resign from a members club in Durham after a now-former club secretary made comments that mocked one's disabilities and sexualized the other, an employment tribunal has ruled, finding the club liable.

  • June 24, 2024

    CEO Can Sue Nickel Mining Co. In UK Over 'Ambiguous' Firing

    An employment tribunal has ruled that the former CEO of a Zambian mining company can pursue his unfair dismissal claim in the U.K. after concluding that his contract was subject to English law.

  • June 24, 2024

    Retired Judges Lose Appeal In Pension Row With MoJ

    An appeals tribunal ruled Monday that the Ministry of Justice did not discriminate against three judges when it switched their pension schemes, ruling that their new judicial posts — rather than their part-time worker status — caused the change.

  • June 24, 2024

    Trade Union Can Sue Ex-Officer For Libel

    A trade union can bring its libel claim against a former union officer who was ousted from the organization following bullying accusations, a London judge has ruled.

  • June 24, 2024

    Aldi Claims It Fairly Left Supplier For Cheaper Sprouts

    Supermarket chain Aldi has denied costing a brussels sprouts supplier £3.7 million ($4.7 million) after unexpectedly ditching it for competitors, claiming it made the fair commercial move to secure cheaper and better quality vegetables.

  • June 24, 2024

    UAE Fund Can't Shake Asset Freeze As Mogul Chases £20M

    A London court agreed on Monday to continue a worldwide asset freezing order against a UAE sovereign wealth fund to allow an aviation tycoon to attempt to recover more than £20 million ($25.4 million) after a fraud allegedly assisted by a Dechert LLP partner.

  • June 24, 2024

    Stoma Bag Maker Must Show Its Work In Patent Case

    A London court has ordered a stoma bag specialist to provide a more detailed breakdown of its product amid its rival's patent infringement claim — but the company got the nod to rely on experimental evidence in its defense.

  • June 24, 2024

    Insurer Files For Liquidation, To Sell Unit To Rival For £11.3M

    Troubled insurer R&Q said Monday that it has agreed to sell Inceptum Insurance for £11.25 million ($14.25 million) to Marco Capital Holdings Ltd., a Malta-based legacy acquisition group, after filing for liquidation.

  • June 21, 2024

    Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says

    The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.

  • June 21, 2024

    Surveyor Wins £110K After Director's Unfounded Fraud Report

    A tribunal has ordered a surveyors company and two of its directors to pay a former trainee almost £110,000 ($139,000) after ruling that she was subject to harassment relating to her sex and victimization.

  • June 21, 2024

    Apple Can't Challenge £853M IPhone Battery Class Action

    Apple failed in its bid to challenge an £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, after an appeals court found Friday the claim had prospects of success.

  • June 21, 2024

    Russian Bank Founder Hit With Asset Freeze In $850M Claim

    A London judge froze the assets of the co-founder of a Russian bank in a hearing Friday, in the latest development of an $850 million fraud claim in which two Russian lenders are seeking to claw back allegedly embezzled funds.

  • June 21, 2024

    British Council Wins Fight To Nix Dubai Employee's Claim

    The British Council has won its appeal against a decision that found a human resources manager based in Dubai could sue her employer in a U.K. employment tribunal, with the appeals tribunal finding that her argument that she would not get a fair trial in the UAE failed.

  • June 21, 2024

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

    This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

  • June 21, 2024

    Motorola Sues Home Office For £13.5M Over Service Deal

    A Motorola Solutions company responsible for the U.K.'s emergency services communication network has said the Home Office owes it £13.5 million ($17 million) which the government department has refused to pay.

  • June 21, 2024

    Salmon Farmers Hit With £382M Price-Fixing Class Action

    Several Atlantic fish farming companies face a £382 million ($482 million) class action on behalf of millions of U.K. consumers who accuse the businesses of running a cartel to artificially inflate salmon prices.

  • June 21, 2024

    Travelers Denies Liability Over Arson Risk In Fire-Loss Row

    Travelers Insurance Company Ltd. has denied it is liable for losses claimed by a building operator after fires destroyed its warehouse in Scotland because the company failed to disclose the property had previously suffered an arson attack.

  • June 21, 2024

    Apple Wrong To Fire Worker For COVID Joke, Tribunal Rules

    Apple wrongly fired an employee for making racial comments in the workplace, despite not having offended anyone, an employment tribunal has ruled.

  • June 21, 2024

    Amgen Joins Bid To Nix Alexion's Blood Drug Patent

    Amgen Inc. has told a London court that its biosimilar for a patented rare blood disease treatment of Alexion does not infringe the AstraZeneca unit's protections for the drug, arguing that the patent itself should be scrapped.

  • June 21, 2024

    Axiom Stays £65M Action As Directors Claim Bankruptcy

    A London judge ruled on Friday that shuttered firm Axiom Ince can stay its almost £65 million ($82 million) claim against its ex-director and several of his companies for allegedly misappropriating client funds, saying the main defendant has been declared bankrupt.

Expert Analysis

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.

  • The Unified Patent Court: What We Learned In Year 1

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    ​​​​​​​The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.

  • Decoding Arbitral Disputes: Spanish Judicial Oversight

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    The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • High Court Ruling Sheds Light On Targets For Judicial Review

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    The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.

  • Appeal Ruling Clarifies 3rd-Party Contract Breach Liability

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    The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.

  • CPR Proposal Affirms The Emphasis On Early Mediation

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    While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.

  • How Law Firms Can Handle Challenges Of Mass Claims

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    With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Insurance Ruling Stresses High Hurdle To Fix Policy Wording

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    In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.

  • Taking Stock Of Changes UK Economic Crime Act Will Bring

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    With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.

  • Sanctions Ruling Opens Door For Enforcer To Clear Up Rules

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    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.

  • How Gov't Response Addresses Investment Act Concerns

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    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.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    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.

  • How Generative AI Can Enhance Disclosure Review Processes

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    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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