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Commercial Litigation UK
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April 04, 2024
Sexually Harassed Class Helper Fired For Lying Wins Payout
A teaching assistant who lied about having COVID-19 to go on vacation has won a £9,309 ($11,775) payout after a female headmaster sexually harassed him, then sacked him following a flawed investigation into his lies.
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April 04, 2024
Law Firm Defeats Adviser's Unfair Redundancy Claim
A Scottish law firm didn't unfairly cull one of its financial advisers during a redundancy process because bosses scored candidates with a reasonable checklist, an employment tribunal has ruled.
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April 04, 2024
Head Teacher Fired Trade Union Rep Over 'Personal Animosity'
A primary school's head teacher unfairly dismissed and discriminated against a trade union representative because he didn't like that she was challenging his "dictatorial attitude," an employment tribunal ruled.
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April 04, 2024
Cargo Ship Owner Sues 2 Firms For $1.9M Over Vessel Fire
A cargo-ship owner has sued two Turkish companies in a London court in an attempt to be reimbursed for costs incurred after an engine room fire caused the vessel to drift toward the Yemeni coast, saying the companies are liable for the costs incurred to save the ship and discharge their cargo.
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April 04, 2024
Velcro-Selling Co. Sues Rival Over Amazon Complaints
A Northern Irish Velcro product distributor has accused a rival of spreading false rumors about its goods and putting the company in Amazon's bad books by returning several purchases and claiming they were "inauthentic."
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April 04, 2024
Contractor Loses Bid For £11M Over Failed Development Deal
A defunct construction group has failed to get an additional £11 million ($14 million) from a failed property developer over the termination of a contract for a development project in central Birmingham, after a London judge ruled Thursday it would be "an unlawful windfall."
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April 04, 2024
FCA To Claw Back £1.6M From Fund Manager For Investors
The Financial Conduct Authority said on Thursday that it has won court approval to take £1.6 million ($2 million) from fund manager Argento Wealth and its only director, who promoted two allegedly unlawful investment schemes.
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April 04, 2024
Hotel Sues Arch Insurance For £8M Over Spa Fire Damage
Two English hotel companies have sued Arch Insurance (UK) Ltd. for £8 million ($10.1 million) after a roofing company allegedly caused a blaze on their London hotel spa's roof, according to a newly public claim.
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April 04, 2024
Fladgate Sued For $26.5M Over Botched Debt Claim Advice
Fladgate LLP lost an investment fund an estimated $26.5 million after negligently advising it on how to take action to recover money owed under bonds, according to a High Court claim.
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April 04, 2024
Defense Ministry OK To Reject Foreign Nationals For Jobs
An employment judge has thrown out a discrimination claim against the U.K.'s defense ministry, ruling that U.K. law allows the government body to reject non-British nationals from certain jobs for national security reasons.
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April 04, 2024
Stagecoach Poised To Settle In £93M Train Ticket Class Action
Train operator Stagecoach is seeking to end its role in a £93 million ($118 million) collective action brought on behalf of passengers who allegedly paid double for their journeys, documents published by the Competition Appeal Tribunal on Thursday reveal.
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April 04, 2024
Gambling Biz Says Rival, Ex-Employees Copied Game Code
An online gambling company has sued two former members of staff and its rival for allegedly plagiarizing copyrighted source code for its "Slingo" online betting game to produce several competing products.
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April 04, 2024
Money Was Siphoned To Former Exec's Wife, Insurer Says
A Liechtenstein insurer suing two of its former directors for allegedly funneling millions of pounds to accounts they had ties to has now accused one of the men's wives of also benefiting from unauthorized payments.
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April 03, 2024
Forex Broker Wins Deceit Claim Over TV Transactions
A forex broker has won in his 7.9 billion Nigerian naira ($5.9 million) deceit claim over an English brokerage's alleged failure to pay out dollars for naira after a London judge ruled that the firm would not be able to defend against it.
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April 03, 2024
Law Firm Sued For £13M Over Negligent Building Advice
A businessman is suing a U.K. law firm for £13 million ($16.4 million) at the High Court, claiming negligent advice from solicitors led to the collapse of his house building company.
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April 03, 2024
CMS Says Ex-Client's Fee Dispute Claim Is Baseless
CMS Cameron McKenna Nabarro Olswang LLP on Wednesday urged a London court to throw out a former client's "fundamentally defective" case over funds paid to the firm during fraud proceedings because it is an abuse of process.
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April 03, 2024
Advocate Fights BSB Disciplinary Over Misconduct In Jersey
An advocate who was found guilty by courts in Jersey of dishonesty and professional misconduct, including doctoring emails to hide that he caused delays for clients, fought disciplinary proceedings brought by the English barristers' regulator on Wednesday.
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April 03, 2024
Rugby Concussion Litigation Grows As 60 More Players Sue
Sixty rugby union players are suing the sport's governing bodies over their failure to prevent concussion-related injuries, seeking to join hundreds of others already arguing that current practices are putting lives at risk.
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April 03, 2024
Woman Fired For Morning Sickness Wins £22K Payout
An employee at a plumbing business in Scotland has won over £22,000 ($27,651) after a tribunal found the company fired her for missing work because of morning sickness.
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April 03, 2024
Trainee Manager Axed After Medical Issue Wins Claim
A management trainee at a housing developer has won his claims for discrimination and unfair dismissal against his employer, as a tribunal found that the company had failed to make reasonable adjustments for his disability and then unfairly fired him for failing to make progress in his job.
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April 03, 2024
Rio Tinto Faces Mass Claim Over Madagascar Water Pollution
Rio Tinto is facing a claim at a London court brought by villagers in Madagascar who say pollution caused by the mining company's operations has led to dangerous levels of uranium and lead in a local water supply, law firm Leigh Day said Wednesday.
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April 02, 2024
Ex-Autonomy Exec Denies He Blew Whistle To Deflect Scandal
Autonomy's former U.S. chief financial officer denied under cross-examination Tuesday in the California criminal fraud trial of ex-CEO Michael Lynch that he brought whistleblower concerns about alleged accounting irregularities to the software company's Deloitte auditors to "cover" himself after a payroll scandal emerged in his department.
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April 02, 2024
Sanctioned Solicitor Loses Claim In Biz Sale Fight
An employment tribunal has refused to hear a solicitor's claim against the firm he had sold his practice to because it lacked jurisdiction over commercial matters, and in any case the practice had shut its doors months before the ink dried.
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April 02, 2024
Top UK Court Floats Digital Case Management System Plans
Britain's highest court on Tuesday proposed new rules aiming to modernize its process and enhance access to justice, including the introduction of a digital legal system for civil litigation.
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April 02, 2024
Law Firm Manager Who Lied To High Court Struck Off
A former law firm manager has been barred from practicing as a solicitor after he was dishonest with the High Court while it investigated his firm's handling of a judicial review claim, according to a judgment published Tuesday.
Expert Analysis
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What To Know About AI Fraudsters Before Facing Disputes
The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.
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UK Insolvency Reform Review Shows Measures Are Working
The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.
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More UK Collective Actions On The Horizon After Forex Ruling
A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.
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How Russia Sanctions May Complicate Contract Obligations
Against the backdrop of recent comprehensive sanctions against Russia and Belarus, a review of recent U.K. case law clarifies that certain force majeure clauses likely cover trade sanctions, and that future litigation will further develop the scope of force majeure and frustration in the context of sanctions, says Frances Jenkins at Quillon Law.
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New Guidance Offers Clarity For Charities On ESG Investing
The need for charities to understand investing in line with environmental, social and governance aspirations has never been more pressing, and recently updated U.K. Charity Commission guidance should give trustees confidence to make decisions that are right for their organization, says Robert Nieri at Shoosmiths.
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Taking Stock Of Company Climate Duties After ClientEarth
Despite the High Court's recent dismissal of ClientEarth v. Shell, the case nonetheless has key consequences for companies that are susceptible to being targeted by nonprofit activists as environmental, social and corporate governance lawfare continues, says Dan Harris at Chancery Advisors.
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Copyright Cheat Sheet: Finding Substantially Similar Songs
Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.
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Lessons On Cricket Patent History And IP Protection At UPC
On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.
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FCA Case Failures Highlight Value Of Robust Investigation
The recent U.K. upper tribunal judgment in Seiler, Whitestone and Raitzin v. The Financial Conduct Authority, criticizing the regulator for accepting a narrative advanced by the firm, makes clear that such admissions must not get in the way of a proper investigation to enable agencies to target the correct individuals, say Tom Bushnell and Olivia Dwan at Hickman & Rose.
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Reputation Management Lessons From Spacey Case
While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.
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Factors To Consider In Protecting Software With Trade Secrets
With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.
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What ClientEarth Ruling Means For Shareholder Climate Suits
The High Court recently confirmed its earlier decision in ClientEarth v. Shell, illustrating that environmental groups seeking to bring a derivative action against corporate directors' strategic decision making may find it challenging to obtain admissible evidence to establish a prima facie case of a breach, say lawyers at Herbert Smith.
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Directors Should Beware Reinvigorated UK Insolvency Service
The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.
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EU Privacy Plan Finally Resolves Data Transfer Woes
Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.
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The New Accountability Landscape For Financial Regulators
The preliminary-stage success of a group of U.K. lawmakers in a case against the Financial Conduct Authority highlights the significant hurdles for review of regulatory actions, but the Financial Services and Markets Act 2023 creates additional visibility into the regulators' decision making, which may lead to an increase in judicial review activity, say attorneys at Cleary.