Commercial Litigation UK

  • April 23, 2024

    Advertising Biz Can't Avoid Liability For Billboard Tech IP

    A London appeals court ruled Tuesday that a sports advertising company's digital billboard displays did not analyze pixels in a different enough way to overturn a finding that it infringed a rival's patent for the moving displays.

  • April 23, 2024

    Biotech Gets Rival's DNA-Detection Patents Invalidated

    A London court nixed two DNA sequence detection patents Tuesday, ruling that information available before they were protected would have prompted skilled scientists to make the invention eventually.

  • April 23, 2024

    Litigation Funders Face Risk Of Regulation In Judicial Reform

    England's judicial adviser announced Tuesday that it has launched a review into third-party civil litigation funding that will consider whether to regulate the sector, cap fees and investigate conflicts of interest between funders and litigants.

  • April 23, 2024

    UK Shuts Business For Fraudulent Timeshare Exit Claims

    The U.K. government said Tuesday that it has shut down an unregulated timeshare exit company after finding that it was "misleading hundreds of clients" by offering them help with complications in their timeshare contracts.

  • April 23, 2024

    YMCA Exec Loses Claim That In-Office Rule Forced Her Out

    A senior employee at a YMCA hostel has lost her claim that she was forced to quit because bosses would not let her permanently switch to remote working, after an employment tribunal ruled it wasn't in her contract.

  • April 23, 2024

    Tesco Can't Renege On Pay Pledges, Union Tells Top UK Court

    Retail giant Tesco violated workers' contracts when it "fired and rehired" them so it could remove what it described as a "permanent" pay supplement, a British trade union argued to the U.K. Supreme Court on Tuesday.

  • April 23, 2024

    Worker Wins £71K For 'Shocking And Spiteful' Harassment

    The Cardiff Employment Tribunal has awarded an aspiring police constable over £71,000 ($88,000), after his former colleagues launched a campaign of "shocking and spiteful" harassment to blackmail him into withdrawing his claims by sabotaging his policing career.

  • April 23, 2024

    Great Western Fights Worker's Whistleblowing Win On Appeal

    British train operator Great Western Railway fought to overturn a worker's whistleblowing win Tuesday, arguing that a tribunal wrongly concluded that managers launched an "inadequate and partial" misconduct probe against him because he had sued the company years before.

  • April 23, 2024

    Bank Of Ireland Used Deceit To Loan Millions, Investor Claims

    Bank of Ireland allegedly deceived a real estate investment business into borrowing millions from it by giving inflated property evaluations based on old estimates that were £1.2 million ($1.5 million) higher than up-to-date figures, according to a London court filing.

  • April 23, 2024

    UK Rules Sri Lanka Ship Insurance Row Must Be In London

    A U.K. judge ruled Tuesday that a Sri Lankan shipping company cannot sue a London-based insurer in its home country over liability for a sunken container ship because the insurance contract is governed by English law.

  • April 23, 2024

    Panasonic Accused Of 'Illegitimate Pressure' In Patent Fight

    Chinese electronics giant Xiaomi asked a London court on Tuesday to prevent Panasonic from suing it in overseas jurisdictions amid a patent dispute, arguing that its Japanese rival is using the threat of injunctions to put pressure on it to accept a licensing deal.

  • April 30, 2024

    Restructuring Pro Rejoins Dentons From Faegre Drinker

    Dentons has hired a partner back from Faegre Drinker Biddle & Reath LLP to head its restructuring and insolvency practice in the U.K., Ireland and the Middle East — a move the returning partner called "a really compelling proposition."

  • April 23, 2024

    Investment Fund Accuses Repository Of Dishonesty

    A U.K. investment fund has accused a registered securitization repository of acting dishonestly and unlawfully when it repeatedly refused to provide the fund's subsidiary access to data critical to help it make informed decisions about future investments.

  • April 23, 2024

    Pfizer Says Moderna MRNA Patent Offers Nothing New

    Pfizer urged a London court on Tuesday to revoke one of Moderna's patents for the mRNA vaccine, kicking off the U.K. arm of the global litigation campaign over the central intellectual property behind the COVID-19 jabs.

  • April 23, 2024

    Coughing Not A Disability For Axed Anti-Mask Care Worker

    A nursing company did not discriminate against a former staff member when it axed her for refusing to wear a face mask while visiting a patient's home, a tribunal has held, ruling that her coughing fits did not count as a disability or exempt her from the company's policies.

  • April 23, 2024

    Top UK Court Blocks Gazprom Unit's Russian UniCredit Claim

    Britain's highest court upheld an injunction on Tuesday barring a Gazprom subsidiary from pursuing a €450 million ($480 million) claim against UniCredit Bank AG in Russia after the German lender withheld financing for the construction of gas processing plants because of sanctions.

  • April 22, 2024

    Finance Biz. Sues Ex-Contractor For £1.6M Over Stolen Clients

    A finance company has accused a self-employed adviser of breaching obligations after exiting the company and taking more than a hundred customers worth £1.6 million ($1.9 million) of future income with her to a competitor. 

  • April 22, 2024

    Pfizer, Moderna Set To Tee Off Over COVID-19 Vaccine Patents

    A London court is poised to consider Tuesday whether Pfizer infringed patents that Moderna initially pledged to not enforce, marking the first time a court has weighed in on the topic.

  • April 22, 2024

    Trader Behind £1.4B Tax Fraud Thought Trades Were Valid

    A British trader accused of being the mastermind of a fraudulent trading scheme that cost Denmark's tax authority £1.4 billion ($1.7 billion) genuinely believed that the trades worked, his lawyer told a London court on Monday.

  • April 22, 2024

    Med Tech Founder Denies Deceiving Investors For $20M Sale

    The co-founder of a medical technology business has denied concealing his financial interest in a $20 million deal to purchase shares in his company, claiming he was never told it was important to reveal the seller's identity to the investment company.

  • April 22, 2024

    Abbott Says Rival Can Make Diabetes Tech Without TM Shape

    An Abbott Laboratories unit is defending a 3D trademark it owns over its continuous glucose monitoring devices, arguing that it is the only company offering a device in that distinctive circular shape despite Sinocare Inc. and other rivals' arguments to the contrary.

  • April 22, 2024

    Commerzbank Did Not Pay Analyst Less Due To His Gender

    Commerzbank did not pay an axed compliance analyst a lower salary than his female colleagues based on his sex, a London tribunal has held, ruling that the bank based its pay offers on salary expectations among other benchmarking factors.

  • April 22, 2024

    Ex-Axiom Ince Chief Faces Bankruptcy Petition

    The former head of collapsed Axiom Ince Ltd. is facing a bankruptcy petition after being accused of misappropriating almost £65 million ($80.3 million) to fund the acquisition of Ince Group PLC and property purchases.

  • April 22, 2024

    Seafarer Can't Sue Global Shipping Business In The UK

    A subsidiary of Swedish shipping company Stena AB has convinced an appellate judge that an employment tribunal must reconsider whether one of its former seafarers can sue the company in the U.K.

  • April 29, 2024

    New Norton Rose UK Antitrust Chief Eyes Fresh Opportunities

    Norton Rose Fulbright has promoted one of its partners to become its new head of antitrust and competition in London, with the new chief saying Monday she saw "new opportunities" for the group to build after her predecessor left for Cooley LLP.

Expert Analysis

  • A Case For The Green Investment Regime Under The ECT

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    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • How Employers Can Support Neurodiversity In The Workplace

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    A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.

  • What's In The Plan To Boost Germany's Commercial Litigation

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    Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.

  • What To Consider When Making Brand Sustainability Claims

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    A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.

  • Retained EU Law Act Puts Employment Rights Into Question

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    The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.

  • In Balancing Commerce And Privacy Interests, Consent Is Key

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    Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Recent Trends In European ESG-Related Shareholder Activism

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    New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.

  • Employer Due Diligence Lessons From Share Scheme Case

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    The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

  • Construction Ruling Clarifies Key Payment Mechanism Issue

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    The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.

  • Key Findings From Law Commission Review Of Arbitration Act

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    The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.

  • Bitcoin Case Highlights Advanced Age Of UK's IP Law

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    An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.

  • Accountability Is Key To Preventing Miscarriages Of Justice

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    The wrongful conviction of Andrew Malkinson and other recent cases show that in order to avoid future miscarriages of justice, there needs to be a fundamental reevaluation of how investigators, prosecutors and the Criminal Cases Review Commission operate, prioritizing stronger penalties and increased funding, say Thomas Walford at Expert Evidence International and policy analyst Gerald Frost.

  • UN Code Likely To Promote Good Arbitration Practices

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    The arbitrator code of conduct recently adopted by the United Nations Commission on International Trade Law should help reinforce standards of good practice and improve public perception of investor-state dispute settlement, though its effectiveness may be limited by the code's voluntary nature, say attorneys at Jenner & Block.

  • 6 Key Factors For Successful Cross-Border Dispute Mediation

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    The European landscape of cross-border disputes diverges markedly from the U.S. experience and presents unique challenges, including the amalgamation of diverse cultures and legal systems, but there are several practical steps that practitioners can take to effectively navigate the process, says Peter Kamminga at JAMS.

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