Commercial Litigation UK

  • April 18, 2024

    EU Antitrust Chief Says Merger Tool Not A 'Power Grab'

    The European Commission's top competition enforcer said Thursday the agency has taken a measured approach to using its newly asserted power to review mergers that fall short of local thresholds, as the European trading bloc's high court mulls a challenge of that authority from DNA sequencing company Illumina.

  • April 18, 2024

    Pawn Shop Owes VAT On Auction Sales, EU Court Says

    A Portuguese pawn shop must pay value-added taxes of €308,000 ($327,000) from sales commissions of auctioned items because the auction is not part of the exempt loan, the Court of Justice of the European Union said Thursday.

  • April 18, 2024

    Ericsson Can't Push Lenovo's FRAND Claim Out Of UK

    Swedish telecom Ericsson has failed to force Lenovo's claim over patent licensing terms out of the U.K., as a London judge on Thursday concluded that the English courts are "clearly the most appropriate" forum for the Chinese multinational's case.

  • April 18, 2024

    Law Firm Can't Block Investors From Group Negligence Claim

    Williams & Co. Solicitors cannot block 134 property investors from bringing a joint negligence claim over failed property development projects because U.K. laws say "in plain English" that multiple parties can join a claim, a London appeals court ruled Thursday.

  • April 18, 2024

    Police Inspector Can Relaunch Her Equal Pay Fight

    A female police inspector has won the chance to relaunch her equal pay battle against London's police force, with an appeal tribunal ruling Thursday that she had an arguable case that the force's part-time pay scheme discriminated against women.

  • April 18, 2024

    Dexcom Asks EU Court To Toss Abbott Med Tech Patent

    Medical device maker Dexcom Inc. has asked Europe's patent court to revoke Abbott Diabetes Care Inc.'s patent for glucose monitor screens, firing back at its rival in a sprawling international battle over the technology.

  • April 18, 2024

    Insurers Face Appeal Over Refusal To Cover Bribery Loss

    A holding company took its fight for an insurance payout to the Court of Appeal on Thursday, urging justices to force its insurers to cover its claim for losses it sustained when its acquisition of a construction contractor went south due to bribery and corruption allegations.

  • April 18, 2024

    Womble Bond Told Post Office To Withhold Docs From Court

    Womble Bond Dickinson advised the Post Office to "suppress" key documents from the court "for as long as possible" in a case brought by wrongly prosecuted sub-postmasters, according to correspondence disclosed at the inquiry into the scandal Thursday.

  • April 18, 2024

    Negligence Claims Against Law Firm May Go To Trial

    A London court has ordered 35 investors to clarify their claims against a law firm that they say failed to properly advise them on the risks of sinking an estimated £2.7 million ($3.4 million) into a "worthless" property development.

  • April 18, 2024

    Monex Unit And Drug Co. Settle £19M Contract Dispute

    An Indian drugmaker has settled its £19.4 million ($24.1 million) claim against a unit of foreign exchange giant Monex, alleging it unfairly canceled currency exchange contracts with "no basis."

  • April 18, 2024

    Head Of Chambers Accused Of Bullying By Expelled Barrister

    A barrister told an employment tribunal on Thursday that the head of an English criminal chambers put him through "absolute hell" by bullying him and trying to end his career before expelling him from the chambers.

  • April 18, 2024

    Slater And Gordon Wins Bid To Rebut Ex-Analyst's Appeal

    Slater and Gordon won permission on Thursday to challenge a former costs analyst's appeal that he was harassed for having mental illnesses after arguing that a lower tribunal's ruling suggests the accused individuals didn't know enough about his condition to have done so. 

  • April 17, 2024

    Ex-JPMorgan Analyst Liked 'Winding Up' Autonomy CEO, Jury Told

    A former JPMorgan stock analyst testifying Wednesday in the criminal fraud trial of former Autonomy CEO Michael Lynch said that he "took pleasure in winding up Lynch" and once even used a Hitler analogy to describe his performance, but said his critical coverage was never personal.

  • April 17, 2024

    Firefighter, Doctor Unions Lose Appeal Over Pensions Swap

    Trade unions representing firefighters and doctors lost an appeal Wednesday to help their members recover losses resulting from a change to pension plan rules after justices concluded that HM Treasury had the right to pass the cost on to scheme members.

  • April 17, 2024

    Raid On Broker In Cum-Ex Fraud Case Was Lawful, Court Says

    A raid on the London office of commodity brokerage MCML Ltd. following a request from Danish prosecutors investigating an alleged £56 million ($70 million) tax fraud was lawful, a London court ruled Wednesday.

  • April 17, 2024

    Gov't, Employers Face Pressure After Right To Strike Ruling

    The U.K. will face fresh pressure to improve protections for striking workers after the country's highest court declared Wednesday that part of a foundational trade union law is incompatible with employees' human rights.

  • April 17, 2024

    Escobar TM Too Shocking For General Public, EU Court Rules

    A European court refused Wednesday to let cocaine kingpin Pablo Escobar's family trademark his name because of its "highly offensive and shocking" associations with drug trafficking and narcoterrorism.

  • April 17, 2024

    Merchants Bring Modified Bid For Swipe Fee Class Actions

    A group of merchants urged Britain's competition tribunal on Wednesday to approve proposed class actions accusing Visa and Mastercard of unfairly imposing interchange fees on retailers for several years, arguing they had sufficiently addressed concerns that led to their initial proposals being rejected.

  • April 17, 2024

    Gazprom Unit Fights Ruling Blocking Russian UniCredit Claim

    A Gazprom joint venture told the U.K. Supreme Court on Wednesday that appeal judges in England did not have jurisdiction to grant an anti-suit injunction blocking its €450 million ($480 million) claim in Russia against UniCredit Bank.

  • April 17, 2024

    UK Wins Appeal Of Border Officer's Compressed Hours Case

    An appellate judge has told an employment tribunal to take another look at a pay discrimination claim by a Border Force officer against the security and immigration body, casting doubt on the earlier court decision to allow him to bring a second claim over the same pay policy.

  • April 17, 2024

    Coinbase Loses EU Appeal To Bloc Rival TM

    Coinbase lost part of its bid Wednesday to stop an Estonian company bearing the same name from registering a trademark, with a European court saying the cryptocurrency platform cannot block the trademark of the Baltic state business for news services, publishing or education.

  • April 17, 2024

    6,000 Tesco Workers Demand Documents In Equal Pay Case

    Thousands of Tesco staff whose equal pay claims have been stayed pending the outcome of a leading case argued in an appeal Wednesday that they should get all correspondence between the supermarket and the claimants in the lead case.

  • April 17, 2024

    Insurers Deny Liability In €403M Nord Stream Pipeline Claim

    Two insurers have argued that the damage caused to two Baltic Sea gas pipelines hit by explosions is not covered under their policies with the lines' operator, and they are therefore not liable for over €403 million ($429 million) claimed to cover repairs.

  • April 17, 2024

    Chinese Vape Maker Accuses UK Co. Of Bumming Designs

    A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.

  • April 17, 2024

    Intel Urges Court To Revoke Semiconductor's Chip Patent

    Computer processor giant Intel denied infringing the intellectual property of R2, telling a judge Wednesday that the chip patent that the semiconductor maker is trying to enforce is invalid because it represents developments already known in the industry.

Expert Analysis

  • ECJ Ruling Clarifies Lawyer Independence Questions

    Author Photo

    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Unpacking The Law Commission's Digital Assets Consultation

    Author Photo

    The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.

  • 1st Appellate Ruling On Digital Terms Sets Tone For Disputes

    Author Photo

    The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

    Author Photo

    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • How Employers Should Respond To Flexible Work Requests

    Author Photo

    U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

  • What COVID Payout Ruling Means For Lockdown Loss Claims

    Author Photo

    While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Opinion

    PACCAR Should Be 1st Step To Regulating Litigation Funders

    Author Photo

    Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

    Author Photo

    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • In Int'l Arbitration Agreements, Be Clear About Governing Law

    Author Photo

    A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.

  • Risks The Judiciary Needs To Be Aware Of When Using AI

    Author Photo

    Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.

  • Post Office Scandal Stresses Key Directors Duties Lessons

    Author Photo

    The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.

  • Employer Tips For Handling Data Subject Access Requests

    Author Photo

    As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.

  • Top Court Hire Car Ruling Affects 3rd-Party Negligence Cases

    Author Photo

    The U.K. Supreme Court's recent decision in Armstead v. Royal & Sun Alliance, finding that an insurer was responsible for lost car rental income after an accident, has significant implications for arguing economic loss and determining burden of proof in third-party negligence cases that trigger contractual liabilities, say lawyers at Macfarlanes.

  • Bribery Class Action Ruling May Revive Bifurcated Processes

    Author Photo

    The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Litigation UK archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!