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Commercial Litigation UK
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April 29, 2024
'I Don't Want To Try That Case,' Judge Tells Mike Lynch's Atty
The California federal judge overseeing Autonomy founder Michael Lynch's fraud trial over claims he duped HP into paying an inflated $11.7 billion for his company pushed back Monday against an attempt by Lynch's lawyer to introduce evidence of events that took place after the acquisition, saying, "I don't want to try that case."
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April 29, 2024
Regulator To Pay £58K For Harassing Gender Critical Worker
An employment tribunal ordered Westminster City Council and Social Work England to pay £58,344 ($73,284) to a suspended social worker they accused of posting antitransgender content online.
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April 29, 2024
Meta Can't Appeal Approval Of £2.3B Data Class Action
Meta was blocked on Monday from challenging a decision by the Competition Appeal Tribunal to allow a £2.3 billion ($2.8 billion) class action accusing the Facebook owner of exploiting its users' data, after the court found the appeal had "no real prospect of success."
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April 29, 2024
Butlins Sues Insurers For £60M After Flood Damage
A major holiday resort is suing a number of its insurers, including Aviva and QBE, for failing to pay out on losses sustained when a vacation park was flooded, causing the closure of many of its lodges.
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April 29, 2024
DWF Barrister Made False Discrimination Claims, BSB Says
A former DWF LLP barrister is facing disciplinary action over allegations that he dishonestly and deliberately targeted his boss with false accusations of homophobia and racism.
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April 29, 2024
IBM Targets Rival For Reverse Engineering Code At Trial
Computer giant IBM accused European rival LzLabs at the beginning of a nine-week trial Monday of violating its consumer agreement, saying the competitor's "reverse engineering" of some of its software is a breach of contract.
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April 30, 2024
CORRECTED: Marketing Boss Said LC&F Was A Legitimate Biz, Not A 'Rinse'
The head of a marketing company who referred to London Capital & Finance as a "not a rinse" insisted he was not aware of an alleged Ponzi scheme as he gave evidence on Monday at the trial over the £237 million ($296 million) investment scandal. Correction: An earlier version of the story misstated the content of Careless' 2015 email exchange. The error has been corrected.
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April 29, 2024
Ex-Man City Player Benjamin Mendy Pays £710K Tax Debt
Former Manchester City footballer Benjamin Mendy avoided bankruptcy on Monday after paying a £710,000 ($892,000) tax bill minutes before a court hearing to determine whether an order should be made.
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April 29, 2024
Nurse's Slave Trade Comment Claim Too Late, Tribunal Rules
An employment tribunal has ruled that a clinical manager at a London hospice left it too late to bring a race harassment claim alleging a hospice doctor asked her why slaves were taken to America instead of England.
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April 29, 2024
BHP Offers $26B To Settle Brazil Dam Disaster Claims
BHP's Brazilian subsidiary and its partners in a failed mine operation offered $25.7 billion in reparations on Monday for a 2015 environmental disaster in Brazil that killed 19 people, triggering one of the largest group claims in English legal history.
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April 29, 2024
BT Unit Must Rehire, Pay £84K To Unfairly Axed Engineer
A subsidiary of BT must have reinstated a fired engineer and paid him £83,800 ($105,000) by Monday after bosses unfairly cut him loose for allegedly bullying a colleague without hearing both sides of the story, a tribunal has ruled.
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April 26, 2024
Europeans Try To Ease Dispute Process In Canada Trade Pact
The European Commission on Friday proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.
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April 26, 2024
ECJ OKs Later Limits For Borrowers Stuck With Unfair Contracts
Consumers should not be time-barred from seeking repayment of costs stemming from unfair contract terms because they were unaware of the unfairness, but the clock should start ticking in the event of a court decision to that effect, the European Court of Justice ruled Thursday.
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April 26, 2024
NHS Trust Must Pay £74K, Apologize To COVID Whistleblower
A National Health Service trust must pay £73,900 ($92,300) and apologize to one of its surgeons after punishing him for blowing the whistle on the risks of face-to-face appointments amid the COVID-19 pandemic, a tribunal has ruled.
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April 26, 2024
Vitol Sues Tanker Owner For £3M Over Contaminated Oil
Dutch multinational commodity trader Vitol is suing Pisa Shipbuilding Corp. for over $3 million, alleging the shipowner failed to make its vessel "seaworthy," thus resulting in the contamination of approximately 3,697 metric tons of petroleum products.
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April 26, 2024
Coca-Cola Chews Up Greek Rival's 'Tsakiris' Snack TM
A Coca-Cola subsidiary defeated a rival that wanted to register the trademark "Tsakiris" to sell cereal snacks, after a European court ruled that it would take unfair advantage of the soft drink giant's reputation in Greek potato chips.
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May 03, 2024
Ex-Mishcon Head Of Risk Joins Litigation Boutique
Stokoe Partnership Solicitors has appointed Jarret Brown as its new head of compliance in a role he hopes is "going to be a little less frenetic" at a place with less "infrastructure to shift."
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April 26, 2024
Insurer Signs First Settlement Over Russia-Stranded Planes
An aircraft lessor and an insurer have settled their fight over payouts for planes stranded in Russia after its invasion of Ukraine, the first agreement out of dozens of battles worth billions of dollars involving major insurers.
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April 26, 2024
Black Met Constable Wins £25K In Race Bias Claim
An employment tribunal ordered the Metropolitan Police commissioner to pay £25,403 ($31,790) to a Black constable, after ruling that a sergeant had discriminated against him by remarking that he had stared "menacingly."
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April 26, 2024
Tourists Owed Compensation Over Northwest Passage Cruise
A couple who sued over a disappointing Arctic cruise are entitled to compensation, a London appellate court ruled on Friday, rejecting a bid by Reader Offers Ltd. to overturn a ruling that found the travel company had breached a contract by changing the route of a cruise because of ice conditions.
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April 26, 2024
Sheikh Cleared Of €67M Damages Ruling Over Share Transfer
An Arab tycoon does not have to pay €67 million ($72 million) in damages for transferring shares out of his company after liquidation because the creditors failed to establish any actual loss, an English appeals court ruled Friday.
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April 26, 2024
Billboard Biz Gets OK To Fight To Opt Back Into UPC System
Billboard advertising firm Aim Sport can have another chance to challenge a ruling by the Unified Patents Court, which held that its decision to opt out of Europe's umbrella patents court system is permanent and cannot be revoked, the UPC ruled Friday.
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April 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.
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April 26, 2024
HSBC Recruiter Can't Bring Claim Over 'Eye-Rolling' Boss
A former HSBC recruiter with an obsessive-compulsive disorder can't sue the bank for disability bias over his manager's eye-rolling after a tribunal ruled the claim was brought too late.
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April 26, 2024
Petrol Mogul Says Subsidiary Liable For $7M Baker Botts Fees
An Egyptian energy tycoon has denied allegations in a London court that he owes Baker Botts LLP almost $7 million in fees for two of his petrochemical companies, arguing that a partner at the law firm said his company would not be liable for the costs of its subsidiaries.
Expert Analysis
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Generative AI Raises IP, Data Protection And Contracts Issues
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.
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Decoding UK Case Law On Anti-Suit Injunctions
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.
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Litigation Funding Implications Amid Post-PACCAR Disputes
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.
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EU Product Liability Reforms Represent A Major Shakeup
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.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
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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Building Safety Ruling Offers Clarity On Remediation Orders
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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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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EU Report Is A Valuable Guide For Data Controllers
The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Employers Can 'Waive' Goodbye To Unknown Future Claims
The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.
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AI Inventorship Patent Options After UK Supreme Court Ruling
The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.
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Ruling Elucidates Tensions In Assessing Employee Disability
An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.
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What Extending Corporate Liability Will Mean For Foreign Cos.
Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.
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Cos. Should Weave Metaverse Considerations Into IP Strategy
In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.