Commercial Litigation UK

  • November 18, 2022

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

    The past week in London has seen scuppered insurer Gable sue its former CEO in a breach of fiduciary duty claim, the producers behind sci-fi film "Arrival" hit with a copyright infringement claim, and Mastercard and Visa sued again in fresh legal action over swipe fees. Here, Law360 looks at these and other new claims in the U.K.

  • November 18, 2022

    Employment Tribunal Told To Redo Racial Bias Payout Ruling

    An appellate tribunal has sent a support worker's appeal against the compensation she won from a racial discrimination claim back to a lower tribunal, saying it overlooked her objections to the award she received for suffering distress and anxiety.

  • November 18, 2022

    Cineworld Rent Claim Paused For COVID Arbitration Scheme

    A judge agreed on Friday to stay a claim for more than £1 million ($1.2 million) for outstanding rent from a Cineworld cinema site in London that was not paid during the coronavirus pandemic, pending the outcome of a statutory arbitration process.

  • November 18, 2022

    Tecnimont Backs Banks In Russian Biz's €212M Bond Suit

    An Italian industrial group has urged a London court to rule in favor of two European banks fighting a lawsuit brought by the Russian subsidiary of fertilizer producer EuroChem over their failure to pay it €212 million ($220 million) in bonds because of sanctions against Moscow.

  • November 18, 2022

    Finance Software Biz Sues For $2.3M Over $21M Deal

    A compliance software business has launched a $2.3 million lawsuit over a $21.1 million buyout, claiming that it wasn't told that lucrative client contracts held by its target company were about to expire.

  • November 18, 2022

    Two Tech Cos. Battle Over Use Of 'Wise' In Branding

    Software company WithWise has rejected the claim that the word "Wise" in its branding violates a trademark, arguing that its use of the term predates that of the financial technology business making the claim.

  • November 18, 2022

    FCA Censures Ex-Bangladeshi Bank CEO For AML Breaches

    The Financial Conduct Authority said Friday it has publicly censured the former chief executive of the U.K. subsidiary of a Bangladeshi state-owned bank, saying it lacked any prospect of enforcing payment of the £76,400 ($91,000) fine imposed for anti-money laundering failings.

  • November 18, 2022

    Kuwait Seeks To Limit London Embassy Doc's Damages Claim

    A former in-house doctor at the Kuwaiti embassy in London should not be allowed to expand his £715,000 ($852,000) claim for alleged race discrimination, the Gulf state's government argued at a U.K. employment tribunal on Friday.

  • November 17, 2022

    Nigerian Energy Co. Loses Award Challenge In $2B Loan Fight

    An English court has tossed a challenge by Nigerian energy conglomerate Aiteo against an arbitral award asserting a tribunal's jurisdiction over a claim brought by lenders against the company in their dispute seeking money owed under a $2 billion loan.

  • November 17, 2022

    Finnish Gas Co. Doesn't Need To Pay Gazprom In Rubles

    Gasum, Finland's state-owned energy company, says an arbitral tribunal has ruled that it is not obligated to pay a subsidiary of Russian supplier Gazprom for natural gas in rubles rather than in euros.

  • November 17, 2022

    Prosecutor Not Exempt From Review Despite Disability

    An employment tribunal has ruled that a Crown prosecutor who took a year's absence because of stress arising from PTSD and other conditions is not exempt from a 2018 performance review, and that the comments given during the review were justified.

  • November 17, 2022

    Former Clients Sue Freeths Over Property Sale Advice

    Two former clients of Freeths LLP have filed a lawsuit against the U.K. law firm, accusing it of giving bad advice that deterred them from buying back a property when a company set up to purchase it from them was going into insolvency.

  • November 17, 2022

    Law Bodies Call For Urgent Changes To Court System

    A body representing solicitors warned on Thursday that cuts to justice spending would likely lead to a complete system breakdown following the U.K. government's latest budget, as the Bar Council separately cautioned that courts were crumbling after decades of neglect.

  • November 17, 2022

    Plastic Maker Fights £9.5M Suit Over Dodging M&A Advice Bill

    Plastics company British Polythene Industries has tried to brush off claims that it owes a corporate finance adviser £9.5 million ($11.2 million) after allegedly refusing to pay its bill following a buyout by packaging giant RPC Group.

  • November 17, 2022

    Gym Worker's 'Bite This' Line Justified Firing, Council Says

    A gym employee who told a colleague to "bite this" while pushing her head toward the ground was fairly dismissed, his former employer, an English city council, argued at an appellate tribunal Thursday.

  • November 17, 2022

    Willkie Partner Rebuked Over Dangerous Driving Conviction

    A legal industry regulator has fined a Willkie Farr & Gallagher LLP competition partner after he was convicted of dangerous driving for accelerating toward a man in an attempt to frighten him.

  • November 17, 2022

    GE Reward Program Doesn't Trigger VAT Rules, ECJ Says

    An employee reward program set up by a British arm of General Electric that gives benefits to high-performing employees does not fall within the scope of European Union law on value-added tax, the European Court of Justice ruled Thursday.

  • November 17, 2022

    Bayer Says Sandoz, Accord Will Infringe UK Xarelto Patent

    Bayer has claimed that two rival drugmakers, Sandoz and Accord, plan on releasing generic blood-thinning treatments that will infringe a key U.K. patent for its best-selling drug Xarelto, shortly after the two companies asked a London court to revoke the patent.

  • November 16, 2022

    UK, French Firms Launch EU Patent Court Litigation Alliance

    European intellectual property firm EIP and French IP firm Amar Goussu Staub have formed an alliance to handle litigation before the international Unified Patent Court, which is set to open its doors in April.

  • November 16, 2022

    Ex-Hemp Trade Body Worker Fails To Save Whistleblower Suit

    A former hemp and cannabis administrator has failed to resurrect a suit against his former employer over allegations of embezzlement after a judge ruled he had waited too long to sue.

  • November 16, 2022

    What To Do When Someone Blows The Whistle

    Employers often mistreat whistleblowers, lawyers have warned, as the number of claims brought at tribunal by employees who believe they have suffered retaliation for raising concerns reaches a new high.

  • November 16, 2022

    FCA Risk Manager Loses Bid To Retry Whistleblowing Suit

    A former risk manager at the City watchdog could not convince a London tribunal to revive a claim that he was unfairly dismissed after making several disclosures to managers regarding systematic financial issues.

  • November 16, 2022

    Tribunal Takes 1st Crack At Rules For Class Communications

    Britain's antitrust tribunal grappled for the first time on Wednesday with what kind of communications can and cannot be sent to potential members of consumer class actions after a group of car carriers in a cartel claim sent letters to businesses allegedly urging them to opt out.

  • November 16, 2022

    Moderna Fights Pfizer's Bid To Invalidate Vaccine Patents

    Moderna has pushed back at Pfizer's move to bring an international patent dispute over mRNA vaccine technology to the U.K., denying that two of its patents protecting the inventions should be revoked as the international dispute between the rival biopharmas steams ahead.

  • November 16, 2022

    Berkeley Faces £15.6M Suit Over Grenfell-Style Cladding

    Developer Berkeley Homes and one of its contractors face a £15.6 million ($18.6 million) lawsuit after allegedly installing flammable Grenfell-style cladding and insulation on a London student accommodation block.

Expert Analysis

  • ESG Ruling Sends Out Warning To UK Parent Companies

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    U.K.-based parent companies with extensive overseas activities should pay close attention to the U.K. Court of Appeal's recent ruling in Municipio de Mariana v. BHP, since in applying a relatively low bar for determining whether mass environmental claims of this nature can proceed to trial, the potential for such claims is likely only to increase in coming years, say attorneys at Shearman.

  • UK Rulings Give Chinese Courts Wide Powers In IP Disputes

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    The recent rulings in Nokia v. Oppo and Philips v. Oppo open the door for Chinese courts to adjudicate worldwide rate-setting terms for standard-essential patents, and in so doing present a timely wake-up call as to China's influence, say F. Scott Kieff at George Washington University Law School and Thomas Grant at the University of Cambridge.

  • Germany Lifted Its Foreign Discovery Ban, But Hurdles Persist

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    Though a new rule eases Germany's decadeslong refusal to execute international pretrial discovery requests under the Hague Evidence Convention, stringent requirements and a judiciary skeptical of the process suggest foreign parties may still struggle to access documents, say attorneys at Gibson Dunn.

  • EU Court Adopts Firm Stance In Qualcomm Antitrust Ruling

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    The recent decision to annul the European Commission’s 2018 Qualcomm ruling demonstrates the General Court's increasingly rigorous position on conduct in antitrust investigations and will prompt renewed questions as to whether procedures followed by the commission need to be reformed, say attorneys at Linklaters.

  • New Corporate Insolvency Data Reveals Unexpected Results

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    For a variety of reasons there has been a slower than anticipated increase in U.K. corporate insolvency figures in recent months, although there may be a time lag between economic difficulties and sentiment among investors, lenders and business owners, and it is likely that numbers will rise in the autumn, says Jeremy Whiteson at Fladgate.

  • Ruling On EU Commission Merger Reviews Signifies U-Turn

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    In validating the European Commission's new policy of using Merger Regulation Article 22 to review cases that do not qualify under the merger control rules of the requesting member state, the General Court has demonstrated that the EU is prepared to move the goal posts on well-established commission policy, say attorneys at King & Spalding.

  • Parsing The Tribunal's Approach To Antitrust Pass-On Claims

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    In assessing allegations that an antitrust infringement victim passed on its loss to another party, the U.K. Competition Appeal Tribunal's recent significant judgment in the so-called Merchant Interchange Fee Umbrella proceedings provides guidance on the evidential, definitional and legal aspects of such pass-on claims, say David Bridge and Liz Williams at CMS Legal.

  • HMRC Keen To Show It's Still In The Driver's Seat

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    HM Revenue & Customs prefers to engage in the more cost-effective civil process, but the recent decision to send former Formula 1 CEO Bernie Ecclestone's case to the Crown Prosecution Service demonstrates it is prepared to go full throttle where a strong deterrent message is needed, says Jessica Parker at Corker Binning.

  • How The Latest Trends In Litigation Funding Are Developing

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    With investors looking for alternative assets that can achieve returns and claimants likely to be cash poor in the current economic downturn, the signs are that the litigation funding market is not only here to stay, but is set to expand, says Simon Thomas at Baker & Partners.

  • Swatch V. Samsung Offers IP Warning To Platform Operators

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    The recent U.K. High Court decision of Swatch v. Samsung demonstrates that while platform operators may wish to exercise greater control over the apps distributed on their platforms, this carries with it a corresponding duty to apply due diligence to protect the intellectual property rights of third parties, say Alex Borthwick and William Hillson at Powell Gilbert.

  • The Status Of Opt-In And Opt-Out Group Claims In The UK

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    Following the Lloyd v. Google and Volkswagen Dieselgate opt-in cases, it is clear that reforms are needed to permit U.K. courts to allow opt-out claims, using the special rules currently limited to the Competition Appeal Tribunal collective proceedings, or there may be no remedy for low-value damages claims against large corporations, say Jonathan Sachs and Lynsey McIntyre at BDB Pitman.

  • International Law May Protect Foreign Investors In Russia

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    Investment treaties that allow eligible foreign investors to bring claims for compensation by way of international arbitration may offer a better, or the only, avenue to recover losses for assets that have been seized by Russia, say attorneys at Cooley.

  • Amazon TM Ruling Proves Important For Global Websites

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    The U.K. Court of Appeal recently found that Amazon infringed Lifestyle Equities' trademark, and its analysis of whether there was an intention to target particular customers, provides welcome relief for brand owners and lessons on avoiding infringement for the operators of global websites, say Steven James and Hattie Chessher at Brown Rudnick.

  • The Digital Markets Act: Key Implementation Issues To Watch

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    The success of the Digital Markets Act, intended to regulate online services and protect consumers in the digital economy, and the most significant addition to the European Commission's regulatory toolbox in decades, will depend on how it is implemented by the commission, would-be gatekeepers, other market participants and national regulators, say attorneys at Linklaters.

  • What Digital Asset Decisions Mean For Future Disputes

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    Following a number of recent landmark decisions in the English courts, the law continues to develop in the sphere of digital assets, and several themes are emerging that will benefit both individuals and organizations, say Chris Recker at Duane Morris and Celso De Azevedo at The 36 Group.

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