Commercial Litigation UK

  • April 15, 2024

    Rastafarian Ex-Army Band Player Wins Race Bias Case

    A former British Army horn player has won his racial discrimination case against the Ministry of Defence, with a tribunal concluding that officers stereotyped him as an "angry Black man" and dismissed his complaints about racist treatment.

  • April 15, 2024

    No Quid Pro Quo In Thank You Posts, Fired Journalist Says

    A sports journalist fired after publicly thanking a company that was a corporate sponsor of his charity fundraising efforts argued to an employment tribunal Monday that there was "no quid pro quo" that compromised the BBC.

  • April 15, 2024

    SRA Accuses Lawyer Of Profiting From Client Loans

    A solicitor profited from his clients' financial difficulties by convincing them to enter into financial arrangements for his benefit, the Solicitors Regulation Authority told a tribunal Monday.

  • April 15, 2024

    Prison Governor Loses Claim He Was Excluded From Union

    A prison governor lost his claim against a trade union that refused to let him join its ranks twice because he had held key positions in another union that competed with it, an employment tribunal has ruled.

  • April 15, 2024

    Prince Harry Ordered To Pay Gov't Costs In Security Case

    A London judge has ordered Prince Harry to pay 90% of the government's legal costs and refused him permission to appeal after he lost his challenge to its decision to downgrade his taxpayer-funded security when he quit his royal duties.

  • April 15, 2024

    AML Exec Loses Bid For Interim Pay In Whistleblowing Case

    The co-founder of a London-based payments platform provider has lost his bid to be paid his £190,000 ($237,000) salary while he pursues a whistleblowing and unfair dismissal claim against the company.

  • April 15, 2024

    Skat Kicks Off £1.4B London Trial Against British Trader

    A British trader was accused Monday of being the "mastermind" behind a fraudulent trading scheme that cost the Danish tax authority £1.4 billion ($1.7 billion) at the start of a year-long High Court trial.

  • April 15, 2024

    Trainee Solicitor's Bid To Claim SQE Fees From Ex-Firm Fails

    A trainee solicitor cannot recoup fees for her legal qualification examinations from her former employer, with a tribunal finding that she failed to prove that the law firm had agreed to pay the fees.

  • April 15, 2024

    Avoiding Legal Pitfalls In M&A Deferred Pricing Deals

    One of the worst markets for M&A dealmaking in a decade has spawned innovative pricing models such as deferred consideration arrangements for buyers and sellers to come to terms, but lawyers warn that these agreements have to be watertight to protect against future litigation.

  • April 13, 2024

    Newcastle Beats Sports Direct's Kit Injunction Bid

    The Competition Appeal Tribunal has dismissed Sports Direct's request for an injunction to force Newcastle United to stock its stores with the soccer club's replica kits after a rival retailer was given an exclusive supply deal.

  • April 12, 2024

    CJEU Grand Chamber To Hear Patent Jurisdiction Referral

    The EU's highest court is set to hear arguments on whether a member state has authority to hear patent invalidity defenses for foreign patents, in a rare instance of a patent referral made to the court's 15-judge grand chamber.

  • April 12, 2024

    US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds

    U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.

  • April 19, 2024

    Morgan Lewis Bolsters Munich Office With Partner Hire

    Morgan Lewis & Bockius LLP has hired the Munich office managing partner of Reed Smith LLP to shepherd its expanding global disputes practice.

  • April 19, 2024

    Lewis Silkin Brings Back Disputes Pro From Hausfeld

    Lewis Silkin LLP has rehired a technology and insolvency expert from Hausfeld LLP in a bid to boost its commercial disputes practice.

  • April 12, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    John Lewis Beats Muslim Worker's Discrimination Claim

    Department store John Lewis has beaten accusations that it discriminated against a Muslim employee, but it botched the process for sacking him, a tribunal has ruled.

  • April 12, 2024

    Abbott Loses Bid To Nix UK Whistleblowing Case On Appeal

    An appeals tribunal has rejected Abbott Laboratories' bid to escape a whistleblowing case brought by the founders of a British DNA technology business that it bought, concluding on Friday that the founders had an arguable case that U.K. judges had jurisdiction.

  • April 12, 2024

    Temp Engineer Must Pay £27K For 'Vexatious' Behavior

    An employment tribunal has ordered a temp to pay thousands of pounds in litigation costs for bringing a claim he knew he would lose, having previously failed to show on three other occasions that he was an employee or a worker.

  • April 12, 2024

    Denmark's £1.4B Tax Fraud Trial Heads For 'Uncharted Waters'

    Denmark will open its £1.4 billion ($1.7 billion) dividend fraud case in London on Monday, beginning a yearlong trial that will have wide implications for other disputes arising out of the cum-ex trading scandal that has swept Europe.

  • April 12, 2024

    Sky Managers Can't Appeal Dismissal Case On New Grounds

    Two former Sky store managers cannot reargue their claim that the company owes them money following a mandatory change of role, an appeals tribunal has ruled, blocking them from raising a challenge on grounds that did not come up in the original case.

  • April 12, 2024

    Apple Loses Bid To Toss $1B App Maker Charges Case

    The Competition Appeal Tribunal refused on Friday to toss a £785 million ($996 million) proposed class action by app developers against Apple over commission payments after finding that the claimants had a real shot at showing that the case was governed by U.K. law.

  • April 12, 2024

    Bayer Loses UK Protections For Billion-Dollar Blood Thinner

    A London court on Friday invalidated Bayer AG's patent for its best-selling blood thinner Xarelto, agreeing with an array of generic drugmakers that the German pharmaceutical giant had given away too much information in conference materials about the drug before seeking protections.

  • April 12, 2024

    Clyde & Co. Must Face Ex-Client's Pared-Back Negligence Suit

    Clyde & Co. LLP must face part of a construction magnate's negligence claim over a failed legal case concerning a soured investment, after a London judge tossed part of the case on Friday but ruled that one aspect of it had a real prospect of success.

  • April 11, 2024

    Autonomy Became Less Transparent Before Sale, Jury Told

    An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.

  • April 11, 2024

    BlackRock Can't Deduct Interest On $4B, London Court Finds

    Financial services firm BlackRock cannot deduct interest on $4 billion in loans it used for the 2009 purchase of Barclays Global Investors because avoiding taxes was the main reason for the way it structured the transaction, a London appeals court ruled Thursday.

Expert Analysis

  • 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.

  • EU Report Is A Valuable Guide For Data Controllers

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    The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • Employers Can 'Waive' Goodbye To Unknown Future Claims

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    The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Ruling Elucidates Tensions In Assessing Employee Disability

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    An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.

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