Commercial Litigation UK

  • May 24, 2024

    UK's 2nd CPO Settlement Points To More Scrutiny On Payouts

    Britain's competition tribunal scrutinized how the U.K.'s second-ever class action settlement will be handed out to rail passengers before approving the deal, shedding light on what information it will expect to see before signing off on future settlements.

  • May 24, 2024

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

    This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

  • May 24, 2024

    Law Firm Partner Says Sorry For Expert Witness Interference

    A Penningtons Manches Cooper LLP partner has apologized to a London court for overstepping in his interference with an expert witness' statement amid his client's feud with AXA XL.

  • May 24, 2024

    Generali Italia Denies Owing £1M To Exec With Eye Disease

    Italy's largest insurance company has denied that it owes more than £1 million ($1.2 million) in incapacity benefits and damages to a Quest Software sales director suffering from a degenerative eye disease after rejecting his claim.

  • May 24, 2024

    Bayer Loses Bid To Overturn Xarelto Patent Loss

    Pharma giant Bayer AG lost its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto, when an appeals court ruled Friday that the drug involved no inventive step and should not be given protection.

  • May 24, 2024

    Ex-Post Office Boss Blames Scandal On Bad Legal Advice

    Paula Vennells blamed the advice of her senior lawyers for not becoming aware of the wrongful prosecutions by the Post Office of innocent people based on faulty IT data, as she gave evidence to the inquiry into the scandal Friday.

  • May 24, 2024

    Tesla Hits Back At InterDigital's Bid To Ax 5G FRAND Case

    Tesla told a London court Friday that it is entitled to challenge the terms of licenses for 5G vehicle technology owned and licensed by InterDigital and Avanci LLC, hitting back at the two companies' bid to have its case thrown out.

  • May 24, 2024

    Travelers Insurance Sued Over Fire-Damaged Warehouse

    A U.K.-based building operator is suing its insurer for breach of contract for refusing to pay out on its multimillion-pound policy after fires destroyed its Scottish warehouse because the company allegedly fell short of security requirements and other policy provisions.

  • May 24, 2024

    Ex-Aviva Staffer's Tribunal Outbursts Not A Bar To Fair Trial

    Aviva must face a former employee's discrimination claim even though her actions during hearings — including accusations of institutional racism in employment cases — is likely to prevent the trial being fair, a tribunal has ruled.

  • May 24, 2024

    PE Firm, Pharma Cos. Overturn £31M Drug Price-Fixing Fines

    Private equity group Cinven and three pharmaceutical companies have successfully overturned a decision by the U.K. antitrust regulator to fine them £31 million ($39 million) for allegedly fixing the price of drugs sold to the National Health Service.

  • May 23, 2024

    Investors Lose $600M Mass Claim Over Cyprus Bank Failures

    The Republic of Cyprus said Thursday that an international arbitral tribunal has dismissed an unprecedented $600 million mass claim by Greek depositors and bondholders affected by the restructuring of Laiki Bank and Bank of Cyprus.

  • May 23, 2024

    NY Top Court Revives FanDuel Investors Suit

    New York's top appeals court on Thursday revived a suit brought by FanDuel investors who claim they were deprived of profits from a merger, disagreeing with a lower court's interpretation of Scottish law.

  • May 23, 2024

    Bipolar Flight Attendant Wins Retrial Of 'Unfit To Fly' Verdict

    A flight attendant with bipolar disorder revived her claims of disability discrimination against CAE Crewing Services after an appellate judge in London concluded that the tribunal hearing the claims misinterpreted a vicarious liability law.

  • May 23, 2024

    Ex-Post Office Boss Told Reviewing Cases Would Be Bad PR

    Former Post Office boss Paula Vennells denied that avoiding becoming "front page news" influenced her decision to limit a review of past convictions based on faulty IT data in her evidence to the inquiry into the Post Office scandal on Thursday.

  • May 23, 2024

    Marketer Denies Owing Investors For Flawed Property Scheme

    An investment marketer has denied owing care home investors £2.3 million ($2.9 million) after they sank money into a flawed property scheme, claiming it never said the investments were safe.

  • May 23, 2024

    InterDigital Fights To Duck Tesla FRAND Case

    InterDigital and tech licensor Avanci LLC fought in a hearing Thursday to throw out Tesla's claim that they have failed to offer fair licensing terms for 5G patents for use in its cars, arguing that the automaker doesn't have valid claims against them.

  • May 23, 2024

    Royal Mail Delivery Driver Loses Case Over 'Jokey' Threat

    Royal Mail cannot be faulted for firing a delivery driver who threatened to blow up a colleague's car in a WhatsApp message if the colleague didn't join the picket line, an employment tribunal has ruled.

  • May 23, 2024

    Lenovo Loses Bid For 'Sword Of Damocles' Injunction

    A London judge has dismissed Lenovo's bid to hit Ericsson with an interim injunction to stop it infringing an essential patent for 5G technology, claiming on Thursday that the injunction was merely a "Sword of Damocles" to discourage the Swedish company from enforcing international injunctions.

  • May 23, 2024

    Trader Denies Using 'Magic Money Tree' At £1.4B Fraud Trial

    Sanjay Shah, a former hedge fund owner who is accused of defrauding Denmark's tax authority out of £1.4 billion ($1.8 billion), denied using a "magic money tree" in his trading at a London court Thursday.

  • May 23, 2024

    Struck-Off Lawyer Loses Bid To Challenge Contempt Sentence

    A struck-off solicitor lost her attempt on Thursday to get a second shot at reviving her appeal against a prison sentence for contempt of court as the appeals court found that she had failed to argue that she had been medically unfit to argue at her first appeal.

  • May 23, 2024

    Bank Sues Adviser For £9M In Property Overvaluation Dispute

    A U.K. bank has alleged a retail adviser owes it £9.2 million ($11.7 million) for overvaluing a property development and causing it to lend millions of pounds more than it should have.

  • May 22, 2024

    Int'l Tribunal Says Countries Must Do More To Protect Oceans

    In a historic unanimous ruling, an international tribunal has concluded that greenhouse gas emissions are polluting the oceans and that nations have an obligation under international law to "take all necessary measures" to prevent, reduce and control these emissions.

  • May 22, 2024

    Staffer's Pre-Prepared Resignation Letter Not Discriminatory

    A designer has lost her discrimination claim against an investment company after failing to prove that her bosses mistreated her — including by asking her to sign a pre-prepared resignation letter — because she is a Chinese woman.

  • May 22, 2024

    Property Transfer For Tax Break Not Dishonest, UK Court Says

    Two liquidated London real estate companies failed to convince the United Kingdom Court of Appeal that their former director behaved dishonestly by transferring their holdings to Jersey trusts for less than market value to obtain a tax advantage, according to a judgment released Wednesday.

  • May 22, 2024

    Mishcon's Int'l Arbitration Head Leaves For Littleton Chambers

    Littleton Chambers said Tuesday that Mishcon de Reya LLP's head of international arbitration is set to join as silk, as the law firm names his successor to lead the firm's practice.

Expert Analysis

  • Hugh Grant Case Raises Questions About Part 36 Offers

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    Actor Hugh Grant's recent decision to settle his privacy suit by accepting a so-called Part 36 offer from News Group — to avoid paying a larger sum in legal costs by proceeding to trial — illustrates how this legal mechanism can be used by parties to force settlements, raising questions about its tactical use and fairness, says Colin Campbell at Kain Knight.

  • Accounting For Climate Change In Flexible Working Requests

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    Although the U.K. government's recent updates to the country's flexible working laws failed to include climate change as a factor for evaluating remote work requests, employers are not prohibited from considering the environmental benefits — or drawbacks — of an employee's request to work remotely, say Jonathan Carr and Gemma Taylor at Lewis Silkin.

  • Opinion

    New Property Category Not Needed To Regulate Digital Assets

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    The U.K. Law Commission's exploration of whether to create a third category of property for digital assets is derived from a misreading of historical case law, and would not be helpful in resolving any questions surrounding digital assets, says Duncan Sheehan at the University of Leeds.

  • Employer Lessons From Red Bull's Misconduct Investigation

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    Red Bull’s recent handling of a high-profile investigation into team principal Christian Horner’s alleged misconduct toward a colleague serves as a reminder of the importance of thorough internal grievance and disciplinary processes, and offers lessons for employers hoping to minimize media attention, say Charlotte Smith and Adam Melling at Walker Morris.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • Pharma Remains A Key Focus Of EU Antitrust Enforcement

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    The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.

  • Employment Tribunal Fee Proposal Raises Potential Issues

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    The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.

  • ECHR Climate Rulings Hint At Direction Of Future Cases

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    Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • What UK Energy Charter Treaty Exit Would Mean For Investors

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    While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.

  • What To Know About The Russia-Stranded Plane Ruling

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    The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.

  • Uber Payout Offers Employer Lessons On Mitigating Bias

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    Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

  • Clarifying Legal Elements To Support A Genocide Claim At ICJ

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    Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.

  • Opinion

    Employment Tribunal Fees Risk Reducing Access To Justice

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    Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.

  • Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection

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    Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.

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