Commercial Litigation UK

  • November 03, 2022

    Quitting Is No Barrier To Appealing a Dismissal, Tribunal Rules

    A London appellate tribunal has ruled that an employee of supermarket chain Iceland had not formally withdrawn an appeal against her dismissal by deciding during the process that she would not return to work.

  • November 03, 2022

    Ousted Stobart Founder Can Seek New Trial Over Deleted Text

    An appeals court agreed on Thursday to hear a challenge brought by the founder of a British infrastructure and energy business against his former company over claims that he was pushed out as chairman after a power struggle.

  • 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.

Expert Analysis

  • 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.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Mitigate Key FCPA Risks With Tailor-Made Compliance

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    Multinational companies should take a pragmatic approach to Foreign Corrupt Practices Act compliance by being aware of key risk areas — such as inappropriate gift-giving, liability for third-party actions, and countries with recurring corruption issues — and implementing custom-designed procedures that evolve with their operations, says Howard Weissman at Miller Canfield.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

  • High Court Ruling Checks Growth Of Bank Protection Duty

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    A number of recent claimant-friendly decisions have considered and broadened a bank's common law duty to refrain from making payments where fraud is suspected, but the High Court's recent judgement in Philipp v. Barclays Bank suggests a turn in the tide, say Paul Brehony and Kate Gee at Signature Litigation.

  • Analyzing Illegality Defense Trend In Investor-State Arbitration

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    Cairn Energy v. India, a recent Permanent Court of Arbitration case, highlights the growing trend of states alleging illegal investor conduct to challenge tribunal jurisdiction or investor claim admissibility, say Caline Mouawad at Chaffetz Lindsey and Jessica Beess und Chrostin at Covington.

  • A Road Map For US Involvement In Europe's Cum-Ex Probe

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    The dividend arbitrage trading strategy known as cum-ex continues to face regulatory scrutiny in Europe, and stateside regulators may soon follow suit with the U.S. Securities and Exchange Commission’s recent American depositary receipt probe as a guide for enforcement, says Joshua Ray at Rahman Ravelli.

  • High Court Nazi Art Rulings Impede Restorative Justice

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    The U.S. Supreme Court's recent rulings in favor of the sovereigns in two cases involving art stolen by the Nazis, Germany v. Philipp and Hungary v. Simon, deprive victims of a domestic forum for restitution and leave them with the untested alternative of international arbitration, says Kathryn Lee Boyd at Hecht Partners.

  • ITC Dispute May Lead To PTAB Litigation Strategy Shifts

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    A pending motion to stay the dispute between AutoStore and Ocado at the U.S. International Trade Commission highlights competing timelines of the ITC and Patent Trial and Appeal Board, and has the potential to reshape the typical forum selection strategies for patentees and defense tactics for challengers, say attorneys at Reichman Jorgensen.

  • Opinion

    Judicial Review Panel Should Aim To Enhance Accountability

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    The U.K. government's panel assembled to conduct an independent review of administrative law should consider changes that would genuinely enhance judicial review, so the process can more effectively hold the government and public authorities to account, says Hatti Owens at ClientEarth.

  • UK Supreme Court Ruling Clarifies Arbitrator Bias Standard

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    The U.K. Supreme Court's judgment in Halliburton v. Chubb, likely the court's most important decision in the area of international arbitration in the past decade, articulates important guidelines for how English courts will police issues of arbitrator disclosure and bias, even as it fuels concerns among insurance policyholders, say Allan Moore and Ramon Luque at Covington.

  • ICJ Equatorial Guinea Ruling Could Alter Diplomatic Relations

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    The recent International Court of Justice judgment in Equatorial Guinea v. France, disallowing a sending state from unilaterally imposing its choice of premises for its diplomatic mission, bolsters anti-corruption efforts but may complicate future international relations, says Olivia Flasch at Signature Litigation.

  • Top Court MasterCard Ruling Lowers Bar For UK Class Suits

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    Although the U.K. Supreme Court's recent decision in MasterCard v. Merricks removes some certification barriers for collective actions, aspects of the court's opinion may provide comfort for defendants, say Louise Freeman and Harry Denlegh-Maxwell at Covington.

  • UK Biz Relief Extensions Back Debtor-Friendly Restructuring

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    New extensions of the Corporate Insolvency and Governance Act's temporary protections for struggling businesses, allowing delays to creditor enforcement actions, indicate that the U.K.'s restructuring process is increasingly prioritizing the survival of businesses amid the ongoing pandemic, say attorneys at Haynes and Boone.

  • Why The Singapore Convention Is Relevant In The UK

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    Although the U.K. has not ratified the newly effective Singapore Convention, which establishes a legal framework for mediated settlement recognition across jurisdictions, U.K. parties should heed the convention due to its scope and popular uptake, say Simon Everington and Johnny Shearman at Signature Litigation.

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