Commercial Litigation UK

  • February 28, 2024

    Autonomy Founder's Fraud Trial Risks 'Morass,' Judge Warns

    The California federal judge overseeing the upcoming criminal fraud trial of Autonomy founder Mike Lynch over the software company's $11.7 billion sale to Hewlett-Packard warned prosecutors and defense attorneys Wednesday about growing estimates for the trial's length, saying they're "going to lose [jurors] in the morass" of a monthslong trial.

  • February 28, 2024

    Home Care Business Unfairly Fired Carer Over 'Joke Email'

    A former carer has won her unfair dismissal claim after a tribunal ruled that her employer didn't do a thorough enough investigation when firing her for sending a companywide "joke email" about her supervisor exposing herself at work.

  • February 28, 2024

    Dexcom Rival Fights Its Bid To Tweak Glucose Monitor Patent

    A Korean medical tech company has asked a London court to block Dexcom's bid to tweak its diabetes management patent to avoid losing protections should the court rule that it's invalid.

  • February 28, 2024

    Solicitor Fights To Revive Case Over Sex, Age Discrimination

    A solicitor launched a bid in an appeal tribunal to revive his sex and age discrimination claims against an English law firm Wednesday, arguing that a judge should not have struck them out over his failure to disclose documents.

  • February 28, 2024

    Insurer To Pay £15K To End Abuse Payout Row With Ex-Vicar

    The Church of England's main insurer has agreed to pay £15,000 ($18,950) in a settlement to resolve a dispute over a former vicar's liability for money the insurer paid to settle victims' claims after he was convicted of child abuse.

  • February 28, 2024

    Locksmith Sued For Cutting Copy Of Patented Key

    An Austrian security business has sued a London locksmith for allegedly infringing its patent by cutting copies of a key that used a protected locking design.

  • February 28, 2024

    Staveley 'Feared For Life' When Signing £36M Loan Demand

    Amanda Staveley "feared for her life" when she signed new repayment demands that allegedly make her personally liable for a £36 million ($45.5 million) demand from a Greek shipping magnate, her lawyers told a London court on Wednesday.

  • February 28, 2024

    Puma Can't Claw Back Baking Co.'s Jumping Feline TM

    Puma failed to stop a French baking company from registering a trademark of a bounding feline with the words "Bertrand Puma," after a European court ruled that baking tools were leaps away from the athletic company's products.

  • February 28, 2024

    Bogus Insurance Claim Lawyer Seeks To Overturn Striking Off

    A solicitor who made a false insurance claim over a road traffic accident urged a court on Wednesday to restore him to the profession, saying that a tribunal did not consider the "exceptional circumstances" of the case.

  • February 28, 2024

    Brain Injury Victim Fights To Recover Barred Legal Fees

    A road accident victim urged the appellate court on Wednesday to rule that legal costs for time his solicitors spent on his rehabilitation are valid and recoverable, saying that the lower court's "blanket ban" on them was because it applied the wrong test.

  • February 28, 2024

    Debt Recovery Ex-Exec Loses Pay Gap Challenge

    A former manager at a debt recovery company has failed to show that a pay gap was discriminatory, with a tribunal ruling that bosses were commercially pressured to pay three male co-workers more or risk losing them to a rival.

  • February 28, 2024

    Sanctions Ruling Affords Gov't Leeway In Foreign Affairs

    The failed attempt by two wealthy businessmen to overturn U.K. sanctions on appeal has underscored the court's limited role in questioning matters of foreign policy, even though the judiciary has carved out a larger role in weighing the proportionality of individual sanctions, lawyers say.

  • February 28, 2024

    Fortum Files Multibillion-Euro Claim Against Russia

    Finnish energy company Fortum has said it is bringing a multibillion-euro arbitration claim against Russia, saying Moscow's "hostile action" in seizing its power plants in the country in 2023 deprived Fortum of its shareholder rights.

  • February 28, 2024

    Prince Harry Loses Security Fight With UK Gov't

    Prince Harry lost his legal challenge on Wednesday against the U.K. government's decision to downgrade his taxpayer-funded security when he quit his royal duties, as a London judge ruled that the decision was not irrational or procedurally unfair.

  • February 27, 2024

    PTAB Takes Up Challenge To Dyson Hair Dryer Patent

    An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.

  • February 27, 2024

    EX-NMC Health Group CFO Denies Knowledge Of $4.7B Fraud

    The former chief financial officer of collapsed United Arab Emirates healthcare group NMC has denied he was involved in a $4.7 billion fraud that administrators allege saw cash siphoned off from the firm for himself and its founder, claiming it was concealed from him.

  • February 27, 2024

    Construction Biz Loses Challenge To Wall Tech IP Ownership

    A construction company lost its appeal Tuesday in its latest bid to assert intellectual property rights over a wall paneling system, with the judges saying the true owner of the patent is a now-bankrupt executive.

  • February 27, 2024

    Aldi Loses Appeal In M&S Gin Bottle Design Spat

    Aldi lost its appeal Tuesday that challenged a ruling that it copied the design of a line of Marks & Spencer light-up gin bottles after an appeals court rejected its arguments that a grace period should factor into the calculations.

  • February 27, 2024

    Struck-Off Lawyer Claims Mental Incapacity In Prison Appeal

    A struck-off solicitor on Tuesday challenged her one-year prison sentence for failing to hand over documents to a legal watchdog's investigation, telling an appellate court that proceedings should have been halted after concerns were raised about her mental capacity.

  • February 27, 2024

    Ex-Plexus Lawyer Suspended For Forging Signatures

    A disciplinary tribunal has handed a former Plexus Law partner a 28-day suspension for forging another lawyer's electronic signature on documents that were later filed at court.

  • February 27, 2024

    Embassy Chauffeur Treated Unfairly, But Not Due To Religion

    Officials at the embassy of Brunei in the U.K. mistreated a former chauffeur before sacking him following a series of motoring offenses — but the treatment had nothing to do with his religion, a London tribunal has ruled.

  • February 27, 2024

    Dyson Looks Responsible For Labor Abuses In TV Clip

    A London judge ruled Tuesday that viewers of a TV news broadcast that investigated conditions in Malaysian factories manufacturing Dyson products would think that the company had some responsibility for human rights abuses, in a decision on meaning in a long-running defamation case.

  • February 27, 2024

    Truckmaker DAF Can't Overturn £15M Price Fixing Judgment

    A London appeals court on Tuesday rejected DAF's attempt to overturn a £15.2 million ($19.3 million) judgment against the Dutch truckmaker for overcharging BT and Royal Mail, because the British companies suffered significant loss as the result of a price-fixing cartel.

  • February 27, 2024

    Moderna COVID Patent Case To Set Tone For Future Litigation

    A legal battle between rival developers of COVID-19 jabs over the technology underlying the vaccine could set the tone for future litigation, with intellectual property lawyers expecting a pledge made by Moderna at the height of the pandemic to dominate proceedings.

  • February 27, 2024

    Ex-Linklaters Pro Penalized Over Conduct In Saudi Fund Trial

    A former Linklaters LLP partner was hit on Tuesday with an indemnity costs order by a judge who dismissed his bid to challenge a $25 million ruling against him for failing to return an investment fund to a Saudi princess.

Expert Analysis

  • Why EU Ruling On Beneficial Ownership May Affect The UK

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    Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.

  • Opinion

    Labour Should Reconsider Its Discrimination Law Plans

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    While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • Tracing The History Of LGBTQ+ Rights In The Workplace

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    Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.

  • Ruling In FCA Case Offers Tips On Flexible Work Requests

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    In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.

  • Pension Scheme Ruling Elucidates Conversion Issues

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    In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.

  • New Fraud Prevention Offense May Not Make Much Difference

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    By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Decoding UK Case Law On Anti-Suit Injunctions

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    The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

  • EU Product Liability Reforms Represent A Major Shakeup

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    The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.

  • Building Safety Ruling Offers Clarity On Remediation Orders

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    The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

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