Commercial Litigation UK

  • March 26, 2024

    Casino Biz Seeks To Smother Rival's 'Mini Burning Hot' TM

    A casino tech company has asked a London court to revoke a competitor's trademark and clear the path for it to extend its "Burning Hot" logo portfolio after the rival company blocked a new application using its purportedly invalid "Mini Burning Hot" sign.

  • March 26, 2024

    Top Court Ruling In 'Whiplash' Test Case Could Hit Premiums

    Personal injury claimants could get higher payouts from their motor insurance as a result of a test case ruling at Britain's highest court on Tuesday, although analysts warn that insurers could respond with higher premiums to cover the cost of bigger claims.

  • March 26, 2024

    Insurers Lose Whiplash Test Case At Top UK Court

    Insurers will probably have to pay more to accident victims suffering whiplash and another injury, after the U.K.'s top court ruled Tuesday that any reductions for overlapping injuries should not leave claimants worse off than before reforms were introduced.

  • March 25, 2024

    Man Denies Conspiring Against Game Host's Ex-Biz Partner

    A man accused of conspiring with convicted HBOS fraudster Mark Dobson to acquire a company from the ex-business partner of TV personality Noel Edmonds by undervaluing it has denied that any plot existed.

  • March 25, 2024

    Eastman Group Says Ex-Employee Lifted IP To Start Rival Co.

    A specialty materials maker has told a London court that an ex-employee stole a valuable database in order to quickly set up a rival company selling paint protection film for cars.

  • March 25, 2024

    Businessman Appeals Ruling That He Wrongly Ousted Director

    A businessman on Monday asked a London court for permission to challenge a ruling that he wrongly forced out a fellow company director in breach of their business' articles of association.

  • March 25, 2024

    Motorbike Gear Biz Hits Back At Rival In Designs Dispute

    A motorcycle apparel company has denied infringing a competing retailer's clothing designs while hitting back at the company in a London court for damaging its business by threatening to sue its customers, documents made public Monday say.

  • March 25, 2024

    Slushie Maker Hits Back At Britvic Over Ice Blast TM

    A slushie machine business has hit back at Britvic over the soft drink giant's allegations that it has copied the "Tango Ice Blast" branding on its frozen drink dispensers.

  • March 25, 2024

    Schuh, Simmi Want To Give Naked Wolfe Designs The Boot

    Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs weren't original enough to deserve protection in the first place.

  • March 25, 2024

    Virgin Seeks Full $200M In Train Brand Feud After $115M Win

    Virgin Enterprises Ltd. has sued Brightline Holdings LLC for the full $200 million exit fee for backing out of its train brand licensing deal after already winning $115 million, arguing in documents made public on Monday that it's owed a boosted exit fee because of a change in control of the U.S. rail operator.

  • March 25, 2024

    Google Faces Consolidated Trial Over Antitrust Claims

    Google will face a consolidated megatrial combining two lawsuits over alleged anti-competitive violations involving its app store, with the Competition Appeal Tribunal ruling Monday that factual evidence in the two major trials can be heard together.

  • March 25, 2024

    Ship Owners Win $37M Naval Detention Insurance Fight

    The owners of a cargo ship seized by the Indonesian navy can recover $37 million from insurers, a judge ruled Monday, saying the shipmaster should not have expected to be detained for accidentally anchoring in the country's waters.

  • March 25, 2024

    Muslim Doctor Loses Bias Case Over Hospital Uniform Policy

    A Muslim ophthalmologist was not discriminated against when she was berated for not rolling her sleeves up in a restricted surgery area, an employment tribunal has ruled, saying her bosses were just following uniform and infection prevention policies.

  • March 25, 2024

    SFO To Pay ENRC £9M As It Plans To Appeal Costs Findings

    The Serious Fraud Office said Monday that it will fight findings that it persuaded a former Dechert partner to divulge confidential information about ENRC, as the agency agreed to initially pay the mining company £9 million ($11.4 million) in damages.

  • March 25, 2024

    Staveley On The Hook For £3.4M After Failed Court Battle

    Newcastle United co-owner Amanda Staveley failed Monday to have a repayment demand from a Greek shipping magnate set aside as a High Court judge ruled that she had 21 days to hand over £3.5 million ($4.4 million).

  • March 25, 2024

    Pro Golfer Wins £20K After Club Axed Him Over 'Savile Joke'

    A tribunal has ordered a country club to pay a professional golfer £19,800 ($25,000) after bosses unfairly fired him amid allegations that he compared a co-worker to Jimmy Savile, an infamous sexual predator, and made other sexual comments to colleagues.

  • March 22, 2024

    Investment Firm Fights To Save £43M Delayed Hotel Claim

    An investment firm pleaded with a London court on Friday not to throw out its £43 million ($54 million) claim against a hotelier who it says scuppered a hotel project in Scotland by demanding last-minute changes.

  • March 22, 2024

    Actor Fox Faces Six-Figure Damages Demand In Libel Case

    Two men who won a landmark libel victory against Laurence Fox after the commentator called them pedophiles argued for six-figure sums in damages in the High Court on Friday, highlighting the distress and reputational damage caused by one of "the most serious allegations that can be made."

  • March 22, 2024

    JPMorgan Gets Early Trial On US Regs In Viva Wallet Dispute

    J.P. Morgan on Friday was granted an expedited London trial on some of the issues in its warring claims with the founder of a Greek payment company co-owned by the investment bank over the fintech business' value.

  • March 22, 2024

    Financial Analyst Org. Prevails In Clash Over 'CEFA' TM

    The European Federation of Financial Analysts Societies won its latest bid to register a trademark for "CEFA Certified European Financial Analyst" after a European court ruled that earlier examiners didn't consider key evidence.

  • March 22, 2024

    Ex-Mishcon De Reya Atty Talks Switching To Litigation Finance

    After 20 years in private practice, and a summer holiday in the wake of a mammoth $11 billion arbitration case, former Mishcon de Reya LLP partner Zachary Segal made the switch to a litigation finance firm where the commercial arbitration lawyer is eyeing opportunities in emerging markets.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 22, 2024

    Glencore Cannot Deny Knowing It Was Corrupt, Investors Say

    Glencore cannot claim it "reasonably believed" it was telling the truth when it failed to disclose it orchestrated a global bribery scheme during an initial public offering that raised $10 billion, institutional investors suing the mining and trading group have said.

  • March 22, 2024

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

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

  • March 22, 2024

    Osborne Clarke's Arty Rajendra On The Future Of FRAND

    Arty Rajendra of Osborne Clarke LLP was instrumental in securing a win in one of the most influential patent cases in recent memory — the U.K. Supreme Court ruling that English courts can set global licensing rates for patents deemed essential to European telecoms standards.

Expert Analysis

  • UK Compulsory Mediation Ruling Still Leaves Courts Leeway

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    An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.

  • Russia Ruling Shows UK's Robust Jurisdiction Approach

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    An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

  • PPI Ruling Spells Trouble For Financial Services Firms

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    The Supreme Court's recent decision in Canada Square v. Potter, which found that the claimant's missold payment protection insurance claim was not time-barred, is bad news for affected financial services firms, as there is now certainty over the law on the postponement of limitation periods, rendering hidden commission claims viable, say Ian Skinner and Chris Webber at Squire Patton.

  • UPC Decision Highlights Key Security Costs Questions

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    While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.

  • Extradition Ruling Hints At Ways Around High Burden Of Proof

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    The U.K. Supreme Court's recent ruling in Popoviciu v. Curtea De Apel Bucharest confirmed that, in a conviction extradition case, the requested person must establish a flagrant violation of their right to a fair trial, but the court's reasoning reveals creative opportunities to test this boundary in the U.K. and Strasbourg alike, says Rebecca Hughes at Corker Binning.

  • IP Ruling Could Pave Way For AI Patents In UK

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    If implemented by the U.K. Intellectual Property Office, the High Court's recent ruling in Emotional Perception AI v. Comptroller-General of Patents, holding that artificial neural networks can be patented, could be a first step to welcoming AI patents in the U.K., say Arnie Francis and Alexandra Brodie at Gowling.

  • UK Review May Lead To Lower Investment Screening Burden

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    The government’s current review of national security investment screening rules aims to refine the scope of mandatory notifications required for unproblematic deals, and is likely to result in much-needed modifications to minimize the administrative burden on businesses and investors, say lawyers at Simpson Thacher.

  • What Prince Harry Privacy Case May Mean For Media Ethics

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    An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.

  • How European Authorities Are Foiling Anti-Competitive Hiring

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    Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.

  • When Can Bonuses Be Clawed Back?

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    The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.

  • The State Of UK Litigation Funding After Therium Ruling

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    The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.

  • Trial By AI Could Be Closer Than You Think

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    In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.

  • Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds

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    With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

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