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Commercial Litigation UK
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July 03, 2025
CPS Nixes Claim From Law Grad Turned Serial Litigant
A tribunal has thrown out a discrimination claim against the Crown Prosecution Service brought by a law graduate whose persistent legal action recently led a London judge to ban him from making further claims.
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July 03, 2025
Top Court To Hear Appeal In COVID Insurance Furlough Case
The U.K. Supreme Court has agreed to hear an appeal in a controversial case in which insurers effectively pocketed state subsidies intended for businesses during the COVID-19 pandemic.
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July 03, 2025
London Law Firm To Pay Ex-Staffer £64K In Lost Earnings
A London employment tribunal has ordered Linkilaw to pay its former senior solicitor almost £64,000 ($87,500) after the firm failed to pay her wages and other compensation.
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July 02, 2025
FisherBroyles Grows London Footprint With New Lawyer Hire
FisherBroyles LLP said it has grown its presence in London with the addition of a transactional and disputes lawyer who has a cross-border background in advising clients on energy, infrastructure and commercial matters around Europe, the Asia-Pacific and the Middle East.
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July 02, 2025
Accord Asks Appellate Judges To Nix Rival's Cancer Patent
Lawyers for Accord Healthcare urged the Court of Appeal at a hearing on Wednesday to nix remaining protections for blockbuster prostate cancer therapeutic Xtandi, saying the prior judge should not have considered the context outside a poster displaying the compound when determining whether the patent was obvious.
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July 02, 2025
UK Investor Sues Accounting Firm Over £633K Tax Bill
A U.K. investor accused an accounting firm of giving negligent tax planning advice and keeping him in the dark about correspondence with HM Revenue & Customs, which ultimately assessed nearly £633,000 ($863,000) in liabilities, according to a claim filed with the High Court.
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July 02, 2025
Spanish Luxury Wine Co. Can't Nix German Rival's 'Vitae' TM
A European Union court rejected a bid by a Spanish winery to get hold of the trademark "Vitae" over wines, ruling Wednesday that a German rival was still using the decades-old mark to sell the alcoholic drinks.
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July 02, 2025
Oil Biz Seeks To Toss Ex-Directors' Sanctions Breach Defense
A Singaporean oil company urged a judge Wednesday to throw out allegations that it breached U.S. sanctions on Iran made by its alleged former chief executive, whom it has accused of embezzling €143.8 million ($169.2 million).
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July 02, 2025
Uber Fights To Overturn Taxi Contract Ruling At Top Court
Uber told the U.K. Supreme Court Wednesday that private hire vehicle operators outside London needed to contract with passengers to provide a taxi service, in a case with wide implications for the agency model.
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July 02, 2025
Hotel Operator Says Ex-Director Stole £800K After Fire Payout
A hotel operator has alleged that its former director gained unauthorized access to its bank account three years after his resignation and stole almost £800,000 ($1.1 million) after an insurance payout for a fire that destroyed the building.
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July 02, 2025
Ex-UBS CFO Wins £112M Divorce Fight At UK Supreme Court
Britain's highest court rejected an attempt on Wednesday by the former wife of a UBS banker to get an equal split of their £112 million ($152 million) family wealth, in a ruling that clarified how assets should be considered matrimonial.
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July 02, 2025
DPD Franchisee Can't Revive Worker Status Claims
An appellate tribunal has rejected a claim from a franchisee that the landmark Uber decision made him a worker or employee at the parcel delivery company DPD, because he was never expected to personally deliver mail when he hired a van from them.
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July 02, 2025
Paralegal Wins £46K After Quitting To Avoid SRA Rules Breach
A paralegal has won more than £45,000 ($61,000) after a tribunal ruled he was unfairly dismissed by a London law firm, following months in which he felt pressured to work under the supervision of a solicitor banned by the profession's regulator.
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July 02, 2025
Elizabeth Arden Broke Britney Perfume Deal, Distributor Says
A perfume distributor has denied Elizabeth Arden's £7.1 million ($9.7 million) claim for unpaid bulk purchases of Britney Spears' fragrances, arguing that anything claimed should be set off by the distributor's lost profits after the U.S. giant started selling to other companies in breach of a supply deal.
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July 01, 2025
Energy Cos. Say Italy Can't Escape $23M In Awards
Three companies looking to enforce $23 million in arbitral awards against Italy in D.C. federal court over revoked renewable energy incentives have opposed the country's new argument saying it has not waived its sovereign immunity since the underlying awards have been set aside.
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July 01, 2025
Creditors Accuse Shipping Biz Of Trying To Evade $309M Debt
The Norwegian government and three finance companies have sued two Guernsey-based companies and a shipping businessman in a London court, accusing them of fraudulently transferring real estate assets to evade liability for loan defaults.
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July 01, 2025
Trusts' Mauritius Share Sales Taxable In UK, Court Holds
HM Revenue & Customs was right to assess share sales by a group of Mauritius-based U.K. trusts for capital gains tax because the sale decisions were made in Britain, a London court held Tuesday.
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July 01, 2025
Bank Of Ireland Denies £60M Property Loan Fraud Claim
Bank of Ireland has denied a £60 million ($83 million) claim that it deceived a real estate investment business into borrowing millions of pounds by giving inflated property evaluations and said the borrower would have taken out the loan anyway because it was such a generous financial package.
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July 01, 2025
HMRC Can Collect Tax In Disputed Avoidance Schemes
A London court ruled that HM Revenue & Customs can collect disputed income tax owed by a group of companies that took part in tax avoidance schemes, even though the authority previously promised to postpone the requests until the disputes were settled.
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July 01, 2025
Vape Co. Loses Appeal To Block Rival's 'Crystal Bar' UK TM
A London court has refused a Chinese vape company's latest attempt to block a rival's "Crystal Bar" trademark bid, ruling Tuesday that the Shenzhen-based outfit held no goodwill in the brand dating from before its opponent's application.
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July 01, 2025
Kevin Spacey Sued Over Alleged Sexual Assault At Old Vic
Kevin Spacey is facing fresh legal scrutiny after British actor Ruari Cannon accused the Oscar-winning performer of sexually assaulting him in 2013 during a production at London's Old Vic Theatre.
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July 01, 2025
Barclays Car Finance Appeal Must Wait For Top Court Ruling
Barclays' bid to overturn a ruling by the Financial Ombudsman on motor finance commissions was delayed on Tuesday, as the Court of Appeal adjourned the case to await a high-stakes judgment from the U.K. Supreme Court.
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July 01, 2025
Petrofac Suffers Blow As Creditors Block $355M Rescue Plan
Samsung and an Italian oilfield services company have won their challenge to a $355 million restructuring plan for Petrofac, as a London appeals court ruled on Tuesday that the benefits of the plan had not been shown to be fair to all creditors.
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June 30, 2025
UK Supreme Court Denies Russia Immunity In $63B Yukos Case
Russia has been denied permission to challenge an appellate court ruling in Britain dismissing its attempt to use state immunity to block former investors in Yukos Oil Co. from enforcing more than $63 billion in arbitral awards they won nearly 11 years ago, the investors said Monday.
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June 30, 2025
HMRC Investigated Avoidance Scheme Enough, Court Rules
HM Revenue & Customs didn't need to investigate further before determining that nearly 50 consultants owed taxes on income routed through offshore entities on the Isle of Man, the High Court of Justice said in declining to review the British tax authority's decision.
Expert Analysis
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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Emissions And Extraction: Unpacking The Finch Ruling
In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.