Commercial Litigation UK

  • October 05, 2022

    Ex-Credit Controller Wins Age Discrimination Suit

    A former credit controller for insurance broker Clegg Gifford & Co Ltd. has convinced an employment tribunal that he was discriminated against on multiple occasions before being made redundant during the pandemic.

  • October 05, 2022

    Collapsed Energy Suppliers Battle In Court To Divide Assets

    Three major energy suppliers are fighting for a slice of the assets from several providers that went bust, arguing Wednesday that without the payouts, they will have to pass the cost of serving the insolvent businesses' customers onto the public as energy prices skyrocket.

  • October 05, 2022

    Retirement Biz Fights For Stake In $39M Of Liquidated Assets

    A savings and retirement business told an appellate court Wednesday it has a right to a stake from the liquidation of assets of a businessman imprisoned for stealing £35 million ($39 million) from a software company.

  • October 05, 2022

    Bar Worker Wins Lost Wages After Sharing Rant About Owner

    A bar must pay £3,000 ($3,000) to a worker it unfairly dismissed after she shared a colleague's Facebook rant about the "creepy" owner, an employment tribunal has ruled.

  • October 05, 2022

    Menopause Policies Gain Popularity As Reforms Lag

    Organizations are increasingly turning to lawyers to write menopause policies, supply training and connect them to medical resources, but the path forward isn't always clear in the absence of explicit legal protections for menopausal women.

  • October 05, 2022

    Puma Loses Most Of Its Case In Big Cat Trademark Row

    A European court on Wednesday dismissed the bulk of German sportswear giant Puma's bid to prevent an Italian machinery manufacturer from registering its logo as a trademark, but it let one of Puma's pleas relating to the reputation of one of its trademarks stand.

  • October 05, 2022

    Ex-Jones Atty Fined Over 'Burn' Text In Ocado Suit

    A former senior Jones Day lawyer has been spared a prison sentence for instructing a client to delete a secure messaging app as a judge said Wednesday that the consequences he has already suffered should be a sufficient deterrent for other attorneys.

  • October 05, 2022

    Outdoor Maintenance Biz Sues For £7.8M For Post-M&A Woes

    An outdoor maintenance provider has sued the former owners of a parking lot specialist for up to £7.8 million ($8.8 million) after their business ran into problems with a major Tesco contract and significant tax liabilities over the misclassification of subcontractors following the acquisition.

  • October 05, 2022

    No Duty To Creditors Before Insolvency Nears, Top Court Says

    The U.K. Supreme Court ruled Wednesday that a paper company had no duty to consider creditors when it paid out €135 million ($134 million) to its only shareholder despite having long-term pollution liabilities, concluding that the obligation does not kick in until insolvency becomes "probable."

  • October 04, 2022

    Betting Data Co. Begins Challenge Of UK Soccer Match Rights

    One of the biggest providers of sports data to the gambling industry accused a rival and an industry licensing company co-owned by the Premier League of holding an unlawful monopoly over soccer match information, at the start of a multilayered trial Tuesday.

  • October 04, 2022

    Dentist Falls Short In Appeal Over Employment Status

    A British dentist who claimed that he was wrongly classified as self-employed largely lost his suit Tuesday as an appellate judge ruled that a lower tribunal was entitled to consider the terms of his contract before digging deeper.

  • October 04, 2022

    Injury Firm Restarts Battle Over Motorbike Accident Fees

    Lawyers for a personal injury firm appealing an order to pay back their legal costs to a client told a London court Tuesday that the legislation that governs solicitors in England and Wales is "in sore need of updating."

  • October 04, 2022

    Linklaters Latest To Credit Billable Hours For Diversity Work

    Linklaters LLP said Tuesday it will implement a new policy next month to recognize attorneys' diversity, equity and inclusion efforts by giving them billable hour credit and performance bonuses.

  • October 04, 2022

    Exec Gets 20 Months For Serving As Director While Bankrupt

    A man has been sentenced to 20 months in prison for continuing to act as director of his distribution company after he was declared bankrupt, the Insolvency Service said Tuesday.

  • October 04, 2022

    Ashurst Takes Risk Biz To UK With Eyes On Global Expansion

    Ashurst LLP has launched its consulting business in the U.K. with plans to further expand in continental Europe and Asia, as clients increasingly turn to law firms for advice on how to minimize risks and defend their reputation.

  • October 04, 2022

    Manager Loses Disability Suit Over Post-Pandemic Job Loss

    A London tribunal has ruled that a supplier of climate control systems fairly dismissed its quality manager because his position had become redundant after COVID-19 and not because he had a disability.

  • October 04, 2022

    LSE, Daily Mail Get Prof's £1M Suit Over Coverage Slashed

    A London court has thrown out the bulk of a former LSE professor's more than £1 million ($1.1 million) lawsuit against the university and a British tabloid over the handling of sexual harassment allegations against him.

  • October 04, 2022

    FCA Warns Insurers Over Biz Interruption Claims Delays

    The Financial Conduct Authority said Tuesday that insurers may be subjecting business owners to unreasonable delays in claims payouts, as it revealed that 15% of policyholders are still awaiting compensation nearly two years on from a pandemic test case.

  • October 04, 2022

    Retailers Lose Challenge To Card Swipe Fees Decision

    An appellate court ruled on Tuesday that Visa and Mastercard did not overcharge hundreds of U.K. retailers with swipe fees after the European Union passed legislation capping the charges.

  • October 03, 2022

    High Court Declines To Hear Challenge To Libor Jurisdiction

    The U.S. Supreme Court said Monday that it wouldn't be hearing an appeal brought by Lloyds Bank, the Royal Bank of Scotland and other banks challenging a Second Circuit decision allowing antitrust claims to proceed against them in litigation over their alleged manipulation of the London Interbank Offered Rate.

  • October 03, 2022

    UK Tribunal Says Marshmallows Not Candy For VAT Purposes

    A large type of marshmallow sold in the U.K. to be roasted over a fire is not considered a confectionery for value-added tax purposes, according to a decision by the country's First-tier Tribunal.

  • October 03, 2022

    Startup Founder Seeks Comp After Discriminatory Firing

    A former finance director for startup logistics company Selazar Ltd. launched a bid Monday to be compensated after she was unfairly dismissed and told not to "let the hormones get out of control."

  • October 03, 2022

    1st Legal Tech Co. Joins UK's Spanish Chamber Of Commerce

    Contract management software company Bigle Legal said Monday that it has joined the U.K.'s Spanish Chamber of Commerce, making it the first legal tech company to become a member of the association.

  • October 03, 2022

    Royal Bank Of Canada Beats Whistleblowing Suit

    A London tribunal has ruled that a former corporate crime prevention director for the Royal Bank of Canada in London was not pushed to resign after raising compliance concerns.

  • October 03, 2022

    Solicitors Mull 'Nuclear Option' Over Legal Aid Fee Deal

    Criminal barristers will vote this week on whether to accept an improved offer on legal aid rates from the government and end strike action — but solicitors say the package offers them a raw deal that may lead many firms to abandon criminal work.

Expert Analysis

  • UK Claim Limitation Ruling Is A Tentative Win For Insurers

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    A U.K. county court's recent decision in Rashid v. Direct Savings reduces the limitation period for third parties to make direct claims against insurers, potentially providing insurers with a defense that was not previously apparent, if the decision is upheld on appeal, says Robert Morris at RPC.

  • 'Compare The Market' Ruling Sends Clear Signal To CMA

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    In setting aside a Competition and Markets Authority fine against price comparison website Compare The Market, a recent Competition Appeal Tribunal decision sends a sharp message to the CMA that it cannot merely theorize anti-competitive effects, but should prove them empirically when it can, say Henry Mostyn and Jonas Zenger at Cleary.

  • Recent Restructuring Plan Shows Benefits For Smaller Cos.

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    A small vacation property management company's recent restructuring plan provides a perfect example of the flexibility and creativity that this relatively new device can offer small and medium-sized businesses in the anticipated economic downturn, say Bethan Moore and Lemi McAuley at Shoosmiths.

  • Steps Businesses Can Take To Mitigate AI Discrimination Bias

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    There are risks that artificial intelligence systems can result in actionable discrimination in recruitment and employment processes, and to mitigate bias businesses should ensure there is informed human involvement, putting in place suitable policy frameworks to reflect their values and positions on diversity, says David Lorimer at Fieldfisher.

  • Preparing For FCA's New Appointed Representative Rules

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    The Financial Conduct Authority's new rules make authorized financial firms acting as principal more responsible for their appointed representatives and take effect in less than three months, so firms must understand the changes and undertake a gap analysis of current policies against the requirements as soon as possible, say attorneys at Herbert Smith.

  • Class Actions Set To Reshape Europe's Litigation Landscape

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    The implementation at the end of the year of the EU Directive on Representative Actions, allowing more cross-border mass litigation throughout Europe, means we will likely see a wave of class action legislation, and with plaintiffs incentivized to file claims, companies, courts and law firms will have to adapt to the ensuing new legal challenges, say attorneys at Gibson Dunn.

  • UK Service-By-NFT Ruling Opens Doors For Fraud Victims

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    By permitting a claim in a cryptocurrency fraud case to be served via non-fungible token to otherwise-untraceable defendants, the English High Court is adapting existing legal principles to create tools that may offer better recourse to victims of digital asset fraud, say attorneys at Dechert.

  • UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent

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    The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.

  • CMA Fashion Industry Probe Is A Greenwashing Warning

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    An investigation into the green claims made by three major fashion retailers confirms that the U.K. Competition and Markets Authority is willing to take a robust enforcement approach and is a reminder that all businesses should be taking steps to ensure the accuracy of environmental claims about their products and services, says Kate Gee at Signature Litigation.

  • How Greenwashing Litigation Is Affecting Financial Services

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    A rising demand for sustainable investment is likely to lead to an increase in claims of greenwashing, where a company's marketing falsely portrays its output as producing positive environmental outcomes, which carries risks for investors and insurers, says Kirsty Finlayson at Browne Jacobson.

  • EU And Turkey Show How To Break WTO Appeal Impasse

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    As the Appellate Body of the World Trade Organization has been nonfunctional since 2019, the significance of the recent settlement of an appeal arbitration between the EU and Turkey cannot be overstated, says Akshay Sewlikar at Linklaters.

  • Zara TM Ruling Shows Prefiling Clearance Is Always Advisable

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    The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.

  • Dutch Merger May Promote Behavioral Remedies Across EU

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    A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.

  • Latest Cum-Ex Fine Signals Increased FCA Scrutiny

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    The TJM Partnership's recent fine by the Financial Conduct Authority for compliance failings linked to suspected cum-ex trading highlights the importance of businesses having in place adequate in-house procedures to reduce the risk of financial crime and money laundering, says Nicola Sharp at Rahman Ravelli.

  • How Will UK Address AI Patent Infringement?

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    As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.

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