Commercial Litigation UK

  • November 03, 2022

    Mastercard Fights To Cut Millions From Antitrust Class Action

    A competition tribunal overreached when it allowed three million dead people to continue to be part of a mammoth group action against MasterCard, the credit card giant argued on appeal Thursday.

  • November 03, 2022

    Irish Policyholders Increasingly Accepting Injury Settlements

    More people are accepting lower personal injury settlements through a statutory board in Ireland rather than take their cases to court, official figures revealed Thursday, following a wide-ranging reform program to drive down the cost of insurance.

  • November 03, 2022

    Sandoz Says Bayer's Xarelto Patent Is Overbroad

    Novartis unit Sandoz is suing rival drugmaker Bayer, claiming that a patent protecting the German pharma company's blockbuster blood-thinning drug Xarelto should not cover all thromboembolic disorders.

  • November 03, 2022

    Rainforest Cafe, Bubba Gump Sue Ex-Franchisee Over TM

    The Rainforest Cafe and Bubba Gump Shrimp brands have accused the companies that took over their former busy central London locations of running thinly-veiled knockoff restaurants that infringe their trademarks and mislead the public.

  • November 02, 2022

    Russia Says Swiss Court Got Analysis Wrong In Yukos Case

    Russia fought back against arguments by former Yukos Oil Co. shareholders that a recent ruling from Switzerland's highest court affirming a $5 billion arbitral award issued to Yukos' financing arm backs the shareholders' efforts to enforce $50 billion in arbitral awards against Moscow.

  • November 02, 2022

    SRA Set To Introduce Rules On Bullying, Health Issues

    The Solicitors Regulation Authority said Thursday that it was poised to introduce new rules to ensure that solicitors and law firms treat colleagues with "respect and dignity" as the regulator continues to expand its remit.

  • November 02, 2022

    Cumberbatch's Production Co. Fights For Dahl Suit Defense

    Benedict Cumberbatch's production company fought to defend its argument in a London court Wednesday that another film company broke an unwritten clause of contract when it ended its agreement to co-produce a film starring the "Power of the Dog" actor.

  • November 02, 2022

    Rival Bee-Themed Tonic Makers Settle TM Spat

    Two drinks companies that adopted bee-themed branding have decided to settle their trademark dispute out of court, resolving a case that sought to take the sting out of logos for tonic water.

  • November 02, 2022

    2 UK Companies Sue Finance Director For Misuse Of Funds

    A management company and an energy business have accused their mutual finance director in a new lawsuit of abusing his authority to incur expenses and make payments without the knowledge of other directors.

  • November 02, 2022

    Ex-Freshfields Tax Solicitor Named To Court Of Appeal

    The U.K. government named former Freshfields tax partner Sarah Falk to the Court of Appeal on Wednesday, making her the lone solicitor on the key appellate court.

  • November 02, 2022

    Vicar Denies He Should Pay Church Insurer For Abuse Claims

    A vicar convicted of child abuse has denied agreeing to subsidize the Church of England's main insurer after it paid out to settle claims brought by three of his victims.

  • November 02, 2022

    Top Court Won't Hear Jurisdiction Challenge Over Nokia SEPs

    The U.K.'s highest court has rejected a bid from Chinese smartphone company Oppo to stay a patent suit with telecom giant Nokia to wait on parallel licensing litigation in China.

  • November 02, 2022

    Shipping Co. Gets €32M Order In Contract Dispute

    Maritime conglomerate Privinvest will have to pay a further €32 million ($31.6 million) to a shipping company to indemnify it after a €308 million shipbuilding contract went awry, a London court has ruled.

  • November 02, 2022

    5 Employment Litigation Trends To Watch

    Courts are set to determine the outcome of long-running disputes over equal pay, holiday remuneration and workers rights, which employment lawyers will be watching to see whether they presage a rise in class actions, while recent appellate rulings could open up new legal arguments in unfair dismissal cases. Here, Law360 looks at current and future trends in employment litigation.

  • November 02, 2022

    Tesco Wins 2nd Shot To Invalidate Lidl Blank Logo

    Grocery giant Tesco won a second opportunity on Wednesday to argue at an upcoming trial over discount supermarket branding that the repeated registration of a blank yellow circle as a trademark by its German rival Lidl amounts to "bad faith."

  • November 02, 2022

    Atty Fined For Assault, Drunk Driving Convictions

    The Solicitors Regulation Authority has hit a partner at Knights Professional Services Ltd. with a £1,700 ($2,000) fine for drunk driving and pushing someone during an argument.

  • November 01, 2022

    London Court Denies Developer's Enterprise Zone Claims

    A British developer cannot claim tax benefits for building in an enterprise zone because what was constructed deviated too much from what was approved, a London appeals court ruled.

  • November 01, 2022

    Ex-Ebury Partner Wins OK To Appeal In Commission Battle

    A former Ebury Partners trader won a chance Tuesday to bring a counterclaim against his old employer when it tries to overturn a decision that it breached his employment contract by stopping his commission payments, giving him the right to resign and sue them.

  • November 01, 2022

    Post-Brexit Residency Rights Not Tied To EU Law, Gov't Says

    European law does not apply to a post-Brexit treaty that provides reciprocal residency rights for British and European citizens, the U.K. government argued Tuesday in a landmark judicial review of its policy to require up to 2.5 million European citizens granted residency in Britain to reapply or face potential deportation.

  • November 01, 2022

    Teva Says Bayer Can't Amend Claims In Stalled Patent Fight

    Teva Pharmaceuticals has argued that rival Bayer can't amend some claims of one of its patents linked to testosterone supplements, claiming that the German pharmaceutical company shouldn't be allowed to introduce new dependent claims amid litigation.

  • November 01, 2022

    DWF Unveils New Menopause Support Policy

    DWF Group PLC said Tuesday it has launched a new menopause policy in a move to normalize conversations around the subject and create an open environment for staff members to seek support.

  • November 01, 2022

    Hamlins Hits Back At Negligence Suit Over Lease Advice

    Hamlins LLP has countered claims it acted negligently while negotiating revised terms of a lease for a client at a London landmark, saying the events manager misinterpreted the law firm's role in reviewing the contract.

  • November 01, 2022

    Diabetic Rail Worker Wrongly Fired For Speeding In Van

    An employment tribunal has ruled that Britain's Network Rail Ltd. treated a diabetic employee unfavorably when it fired him for breaking the speed limit while he was driving a rental van, concluding that the company was not entitled to terminate his contract without notice pay.

  • November 01, 2022

    Ex-Freight Co. Head 'Humiliated' By Suspension Wins £132K

    The former national head of operations for a U.K. freight business has won a £132,000 ($151,000) award for being suspended without cause and unfairly dismissed. 

  • November 01, 2022

    Construction Co. Sues For Faulty Bathroom Insurance Payout

    A major construction company has sued its insurers after they allegedly failed to indemnify it for £5.1 million ($5.8 million) to repair damage caused by faulty bathroom floor designs at a residential development block in Manchester, England.

Expert Analysis

  • An Underused Group Litigation Tool Could Help UK Claimants

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    Though the Financial Markets Test Case Procedure has only been used as a collective redress mechanism for the first time recently in Financial Conduct Authority v. Arch Insurance, hopefully it will be called on more often to resolve future post-Brexit issues and other pandemic cases, says Becca Hogan at Signature Litigation.

  • Warnings And Guideposts From EU Sanctions Blocking Case

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    An advocate general's recent opinion in Bank Melli Iran v. Telekom Deutschland, a European Union sanctions blocking case, highlights serious new international regulatory compliance risks but also presents helpful guidance for navigating conflicting EU and U.S. rules, say Thomas Grant at Cambridge University and Scott Kieff at George Washington University.

  • 2 UK Pension Cases Guide On 3rd-Party Due Diligence

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    The U.K. Court of Appeal's recent decision in Adams v. Options UK, and upcoming hearing in Financial Conduct Authority v. Avacade, highlight important precautions self-invested personal pension operators should take when dealing with unauthorized third parties, says Paul Ashcroft at Wedlake Bell.

  • Lifting US Sanctions On Iran Would Increase Financial Activity

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    If recent talks for the U.S. to rejoin the Iran nuclear deal pan out, financial activity between formerly sanctioned entities and European counterparties will likely increase, and demand for certain types of legal work may shift, say Kartik Mittal and Stephanie Limaco at Zaiwalla.

  • UK Ruling Shows Tool For Taming Multijurisdictional Disputes

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    In PJSC National Bank Trust v. Mints, the U.K. High Court imposed costs on the prevailing party for failure to notify the court of related proceedings, demonstrating an approach that judges may use to mitigate the risk of discordant outcomes in multijurisdictional litigation, say Thomas Grant at Cambridge University and Scott Kieff at George Washington Law School.

  • A Bumpy Road To Normality After UK Pandemic Support Ends

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    As U.K. government relief measures that have shored up businesses amid the pandemic taper off, parties that cannot resolve restructuring or insolvency issues through commercial bargaining will influence the types of matters appearing before courts for years, say attorneys at Freshfields.

  • Opinion

    High Court Int'l Discovery Case Fits Mootness Exception

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    Even if the underlying arbitration in Servotronics v. Rolls Royce concludes before the U.S. Supreme Court decides the case, the court should recognize an exception to mootness and resolve the circuit split on whether a U.S. discovery statute applies to international commercial arbitration, say attorneys at Freshfields.

  • 3 Lessons For UK Litigators In Virtual Trials

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    UK litigators should note several best practices for adapting to the hurdles, and capitalizing on the benefits, of virtual trials, and expect the new hearing format to persist beyond the end of the pandemic, say Christopher Boyne and Emma Laurie-Rhodes at Debevoise.

  • RETRACTED: Considering The Future Of The Serious Fraud Office

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    Editor's note: This guest article has been removed due to the authors' ongoing involvement in the case discussed.

  • Justices Will Bring Welcome Resolution In Int'l Discovery Row

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    The U.S. Supreme Court's decision this week to review Servotronics v. Rolls-Royce — a case concerning use of a U.S. discovery statute in aid of private international arbitration — will result in greater certainty as to the statute's scope and allow domestic parties to better defend themselves from foreign discovery requests, say Dan Ward and Elena Davis at Ropes & Gray.

  • ITC Seems Unlikely To Stay Investigations For Parallel IPRs

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    The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.

  • Opinion

    How London Could Become Europe's Arbitration Hub

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    Trade, historical and geographical advantages give London the post-Brexit opportunity to strengthen its position as the leading arbitration-friendly jurisdiction in the region and become the hub for European parties in dispute, says Leigh Crestohl at Zaiwalla.

  • Analyzing Cost Issues After Top Court MasterCard Ruling

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    The U.K. Supreme Court recently directed MasterCard v. Merricks back to the Competition Appeal Tribunal after clarifying the tests for class action certification, likely resulting in a green light for the action and a review of the regime-specific costs and funding models of the opt-out class action, says Andy Ellis at Practico.

  • Opinion

    US Should Learn From German Courts Balancing SEP Rights

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    The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

  • A Post-Brexit Guide To UK-Swiss Disputes

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    Following Brexit, jurisdictional issues in U.K.-Swiss disputes and the recognition and enforcement of foreign judgments will be governed by each country's respective national laws, rather than the Lugano Convention, creating uncertainty and potentially more expense and satellite litigation, say Janine Alexander at Collyer Bristow and Sébastien Collart at 100 Rhône Avocats.

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