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Commercial Litigation UK
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June 02, 2025
Tennis Coach Loses Sex Bias Claim Over Photo Shoot
An employment tribunal has dismissed a tennis coach's sex bias claims over a photo shoot featuring a male coach, ruling that the nonprofit organization hadn't specifically invited men but had taken pictures of available staff.
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June 02, 2025
Remote Workers Take German Tax Case To EU's Top Court
The European Court of Justice said Monday it will hear the case of two taxpayers against a German regional tax authority over whether Swiss residents working remotely are taxable in Germany.
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June 02, 2025
Ex-Law Firm Boss Loses 2nd Bid For Solicitor Reinstatement
A former law firm owner and equity partner has lost a second attempt to regain authorization to work as a solicitor after he was struck off for being dishonest and failing to spot fraud, with a tribunal ruling on Monday that his latest bid was "premature."
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June 02, 2025
Construction Biz Seeks £12M Over Defective Roof Designs
A construction company has alleged a design studio and an engineering consultancy owe it more than £12.4 million ($16.8 million) over their defective designs for a university's sports facility, which "critically delayed" the project.
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June 02, 2025
Citizens Advice Staffer Loses Data Fraud, Race Claim
A welfare adviser who accused a regional Citizens Advice organization of racial harassment and discrimination has lost her claims after a tribunal found the charity acted reasonably and her belief in institutional bias was rooted in mistrust rather than fact.
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June 02, 2025
Petrofac Creditors Challenge $355M Rescue Deal On Appeal
Samsung and an Italian oilfield services company urged the Court of Appeal Monday to overturn a $355 million restructuring plan won by Petrofac Ltd., arguing an earlier judge was wrong to hold they would not be "worse off" under the plan as creditors of the business.
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June 02, 2025
BBC Wins Bid To Amend Libel Defense In Tory Donor Case
Conservative Party donor Mohamed Amersi has largely failed to prevent the BBC from updating its defense to his libel claim, as a London court ruled that its allegations of his involvement in providing "lavish entertainment" for politically exposed people support its truth defense.
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June 02, 2025
Gov't Told To Pass Law To Overturn PACCAR Funding Ruling
The government should introduce legislation to reverse a controversial U.K. Supreme Court decision that upended litigation financing, and make clear that commonly used funding agreements are enforceable, a government advisory body recommended Monday.
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June 02, 2025
Ginmaker Denies Imitating Winery Nyetimber's Label Design
A Devon gin distillery has told a court that it has not copied the "product of England" labeling of Nyetimber, arguing it did not perceive the sparkling winemaker as a rival — although it admitted to some stylistic similarities in their brands.
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May 30, 2025
UK Military Has Paid £20M To Sexual Misconduct Victims
The British military has spent nearly £20 million ($27 million) on payouts to victims of sexual misconduct in its ranks over the past decade, the Ministry of Defence confirmed Friday.
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May 30, 2025
Bodum Hits Back At Shein In Coffee Press Copyright Clash
A Bodum unit has doubled down on its claim that Shein infringed the intellectual property behind its French press and drinking glass designs, telling a London court that it holds copyright for both products.
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May 30, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Entain face yet more investor claims in the fallout from its bribery probe, UEFA face class action from Liverpool fans over chaos at the 2022 World Cup, and a venture capitalist sue journalists for misuse of his private information over a forged police report. Here, Law360 looks at these and other new claims in the U.K.
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May 30, 2025
Ex-Sinn Féin Chief Wins €100K Payout From BBC For Libel
The BBC must pay €100,000 ($113,000) for defaming Gerry Adams, the former leader of Sinn Féin, in a news program that alleged he sanctioned the murder of a former official in the Irish republican party, an Irish court ordered Friday.
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May 30, 2025
Manager AWOL 'To Care For Disabled Son' Was Fairly Fired
A logistics company did not unfairly sack a manager who repeatedly left its premises without authorization purportedly to care for his disabled son, a tribunal has ruled.
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May 30, 2025
Saudi Prince Again Ducks Bankruptcy Over $1.2B Debt
A Saudi Arabian prince evaded a bankruptcy petition from telecommunications business over a $1.2 billion arbitration debt, as a London appeals court ruled Friday that the company cannot challenge an earlier finding that its application was invalid.
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May 29, 2025
Disney Can't Stop Brazil Court Injunction In IP Row, For Now
A California federal judge has denied The Walt Disney Co.'s request to block a Brazilian court from taking injunctive action against it in a patent dispute with wireless technology developer InterDigital Inc., saying the entertainment giant has not shown it's likely the Brazilian court will issue a preliminary injunction barring the use of certain video codec technology.
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May 29, 2025
Bahamas Businessmen Can't Nix $2.7M Yacht Sale Ruling
Two Bahamas businessmen can't dodge a $2.7 million debt to a subsidiary of Caterpillar Inc., after the Judicial Committee of the Privy Council declined on Thursday to find that a yacht intended to repay a loan had been sold at an undervalue.
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May 29, 2025
Veterinary Nurse Not Entitled To Notice Pay, Tribunal Rules
A London appeals tribunal held Thursday that a veterinary surgery center did not need to give an apprentice nurse any notice pay after she quit, ruling that an earlier judge erred in ordering such pay. .
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May 29, 2025
Tech Founder Accused Of Disparaging Company To Clients
An anti-piracy technology business that supplies Sky and the Premier League has sued one of its founders at a London court over allegations that he made disparaging comments about the business to clients and misused its confidential information.
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May 29, 2025
Accountants Deny Negligence In Kebab Biz Share Deal Fraud
An accounting firm has denied negligently accepting a fraudulently signed share transfer form that a business director claims cost him his stake in a meat supplier of almost £2.5 million ($3.4 million), arguing that there was "nothing obviously suspicious" about the document.
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May 29, 2025
HSBC Denies Blame For £12M Transfers Tied To Alleged Fraud
HSBC has accused a corporate client of attempting to hold the bank liable for an alleged fraud committed by the company, denying that it failed to question and block more than £12 million ($16.1 million) in allegedly fraudulent account transfers.
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May 29, 2025
Lawyer Cleared In Undercover Reporter's Fake Asylum Sting
A former manager at a law firm was cleared on Thursday of allegations that he had helped an undercover journalist to make a fake asylum claim, as a tribunal ruled that the lawyer did not act dishonestly.
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May 29, 2025
Consultant Solicitor Loses Appeal For Ex-Colleagues' Fees
A consultant solicitor has lost his appeal to claim a share of fees from work his colleagues had done for his clients, as an appellate judge concluded that he is only entitled to fees for work he did personally.
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May 29, 2025
Toymaker Says Ex-CFO Must Sell Property To Pay £300K Debt
A toymaker has asked a London court to compel its former finance director to sell his apartment to cover a rising debt of more than £300,000 ($404,000) that it says he owes.
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May 29, 2025
Mastercard Settlement Shows Court's Active Role In Payouts
The final decision by the Competition Appeal Tribunal on who gets what from a £200 million ($270 million) Mastercard settlement shows the willingness of the courts to rewrite distribution plans to ensure that the overall objectives of the collective action regime are met, lawyers say.
Expert Analysis
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Comparing Apples To Oranges In EPO Claim Interpretation
A referral before the Enlarged Board of Appeal could fundamentally change the role that descriptions play in claims interpretation at the European Patent Office, altering best drafting practices for patent applications construed there, say lawyers at Finnegan.
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A Look At UK, EU And US Cartel Enforcement Trends
The European Union, U.K. and U.S. competition agencies' recently issued joint statement on competition risks in generative artificial intelligence demonstrates increased cross-border collaboration on cartel investigations, meaning companies facing investigations in one jurisdiction should anticipate related investigations in other jurisdictions, say lawyers at Latham & Watkins.
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Testing The Limits Of English Courts' Pro-Arbitration Stance
Although the Court of Appeal recently upheld a $64 million arbitration award in Eternity Sky v. Zhang, the judgment offers rare insight into when the English courts’ general inclination to enforce arbitral awards may be outweighed by competing policy interests such as consumer rights, say Declan Gallivan and Peter Morton at K&L Gates.
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What Green Claims Directive Proposal Means For Businesses
With the European Union’s recent adoption of a general approach to the proposed Green Claims Directive, which will regulate certain environmental claims and likely be finalized next year, companies keen to publicize their green credentials have even more reason to tread carefully, say Marcus Navin-Jones and Juge Gregg at Crowell & Moring.
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EU Merger Control Concerns Remain After ECJ Illumina Ruling
The recent European Court of Justice judgment in Illumina-Grail is a welcome check on the commission's power to review low-threshold transactions, but with uncertainty persisting under existing laws and discretion left to national regulators, many pitfalls in European Union merger control remain, says Matthew Hall at McGuireWoods.
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£43M Legal Bill Case Shows Courts' View On Exchange Rates
A recent Court of Appeal decision declined to change the currency used for payment of the Nigerian government's legal bill, aligning with British courts' consensus that they should not be concerned with how fluctuating exchange rates might benefit one party over another, says Francis Kendall at Kain Knight.
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Examining The State Of Paccar Fixes After General Election
Following the U.K. Supreme Court's Paccar decision last year, which made many litigation funding agreements for opt-out collective actions in the Competition Appeal Tribunal unenforceable, the judiciary will likely take charge in implementing any fixes — but the general election has created uncertainty, says Ben Knowles at Clyde & Co.
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EU Reports Signal Greenwashing Focus For Financial Sector
Reports from the European Supervisory Authorities on enforcement of sustainability information, plus related guidance issued by the European Securities and Markets Authority, represent a fundamental change in how businesses must operate to maintain integrity and public trust, say Amilcare Sada and Matteo Fanton at A&O Shearman.
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.
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GDPR 6 Years On: Key Points From EU Report
The European Commission’s recent report on the General Data Protection Regulation is clearly positive, concluding that it has brought benefits to both individuals and businesses, but stakeholders are still awaiting essential guidelines on scientific research and important business concerns remain, say Thibaut D'hulst and Malik Aouadi at Van Bael & Bellis.
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UK Mandatory ADR Push Renews Mediation Standards Focus
In the wake of a Court of Appeal decision last year allowing courts to mandate alternative dispute resolution, the push toward mandatory ADR has continued with the aim of streamlining dispute resolution and reducing costs, say Ned Beale and Edward Nyman at Hausfeld.
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2 UK Rulings Highlight Persistent Push Payment Fraud Issues
Two recent High Court decisions, Larsson v. Revolut and Terna DOO v. Revolut, demonstrate that authorized push payment fraud continues to cause headaches for consumers and financial institutions alike, and with forthcoming mandatory reimbursement requirements, more APP fraud litigation can be expected, say lawyers at Charles Russell.
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Decision Shows Cost Consequences Of Rejecting Mediation
An English county court's recent first-instance decision in Conway v. Conway & Meek, which imposed a reduction in costs due to what the judge saw as the defendants' unreasonable refusal to consider mediation, underscores a growing judicial willingness to promote mediation through cost sanctions, say Gerard Kelly and Gearoid Carey at Mason Hayes.
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Duties And Questions To Consider In Expert Witness Selection
A spotlight has recently been shone on the role of expert witnesses due to the ongoing Post Office Horizon IT Inquiry, which should remind all parties to take steps to understand what an expert witness is responsible for and what the selection process should look like, says Toby Hunt at HKA.
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ECJ Cartel Damages Rulings Are Wins For Multinational Cos.
Two decisions from the European Court of Justice last month clarifying the limits of the single economic unit doctrine in cartel damages proceedings will help multinational companies anticipate and prepare for litigation within a narrower band of possible jurisdictions, say lawyers at Linklaters.