Commercial Litigation UK

  • February 19, 2024

    Oatly Loses Fight To Block 'Oat My Gosh' Milk TM

    Swedish oat drink company Oatly has lost its fight to nix an "Oat My Gosh" trademark after a European intellectual property authority concluded that consumers were unlikely to confuse the two brands.

  • February 19, 2024

    Barrister Hit With 18-Month Ban For Mishandling Client Funds

    A barrister has been handed an 18-month ban for mishandling a direct access client's money and lying to legal complaints investigators about his ability to repay the funds, a London tribunal said Monday.

  • February 19, 2024

    Sex Offense Suspect Can't Get Evidence From BBC

    An anonymous, internationally known figure under investigation for alleged serious sexual offenses cannot use a witness statement from the BBC to persuade prosecutors not to charge him, a London court ruled on Monday.

  • February 19, 2024

    UK Launches Crackdown On 'Fire And Rehire' Tactics

    Employers could face sanctions for firing staff and rehiring them on worse contracts under new rules that will strictly police the practice, the U.K. government said Monday.

  • February 19, 2024

    Brainlab Patent Appeal Fails For Surgery Planning Image Tool

    Brainlab AG has failed to patent an imaging system for anatomical structures that shows soft and hard tissue, as European patent officials ruled that the device lacked any inventive step.

  • February 19, 2024

    Lawyers For LC&F Chief Quit 'Ponzi Scheme' Trial Over Pay

    Lawyers representing a former chief at London Capital & Finance walked out on the first day of a trial at a London court over the £237 million ($298 million) investment scandal, saying that one of the directors of the alleged Ponzi scheme was unable to pay him. 

  • February 19, 2024

    AmTrust Hikes Counterclaim To £14M In Legal-Funding Fight

    Insurer AmTrust has boosted its counterclaim against Novitas to £14.4 million ($18.1 million), alleging it paid out to the legal loans company under after-the-event litigation policies that were unenforceable and did not comply with regulations.

  • February 19, 2024

    Ex-M&C Saatchi Finance Manager Loses Home-Working Claim

    A tribunal has rejected a claim by a former M&C Saatchi finance manager that the advertising agency forced her to quit by asking her to return to the office, ruling that the company's demand should not have destroyed their relationship.

  • February 19, 2024

    Ex-Autonomy Boss Wants SFO Docs To Sink DOJ Fraud Case

    Mike Lynch wants the Serious Fraud Office to turn over information it holds on him over concerns that U.S. authorities sought international assistance to avoid running out of time to charge him for fraud, according to particulars of the extradited entrepreneur's legal claim against the U.K. agency.

  • February 19, 2024

    FCA Secures Bankruptcy Order Against Pension Promoters

    The Financial Conduct Authority has said it has secured bankruptcy orders against a pair of pensions promoters in a move to cover a £10.7 million ($13.5 million) restitution order for creditors.

  • February 16, 2024

    Fox Williams Fights To Nix £30M Game Show Negligence Case

    Fox Williams LLP urged a London court Friday to strike out a media company's allegations that the firm botched its game show copyright claim and caused it to lose out on at least £30 million ($37.4 million).

  • February 16, 2024

    Philip Morris Revives Tobacco Heating Patent On Appeal

    Philip Morris saved its e-cigarette patent from going up in smoke after a European appellate board rejected a British American Tobacco unit's challenge, the latest chapter in the tobacco giants' court battles over the technology.

  • February 16, 2024

    Ambulance Manager Fairly Fired For Personal Use Of Pool Car

    A duty manager at an NHS ambulance control center has lost his unfair dismissal claim, with a tribunal ruling that his bosses had every right to fire him after he had a colleague pick up his family from the airport in a company vehicle.

  • February 16, 2024

    Insurers Reject WRBC Corp.'s $90M COVID-19 Losses Claim

    A group of underwriters and insurance companies have denied they owe at least $90 million claimed by a Lloyd's of London syndicate to cover COVID-19 losses, arguing they have met their obligations, having already paid out around $26.6 million.

  • February 16, 2024

    Uber Ruling Still Reverberates For Gig Economy 3 Years On

    As the U.K. marks the third anniversary of the Supreme Court decision to grant workers' rights to Uber drivers, experts tell Law360 that the ruling has reverberated through the gig economy and that legislative changes are likely.

  • February 16, 2024

    Law Firm Loses Over Solicitor's Pension On Maternity Leave

    A London-based commercial law firm discriminated against an associate solicitor because she was on maternity leave and forced her to resign by making baseless criticisms about her performance, a tribunal has ruled.

  • February 16, 2024

    6 Questions For Quinn Emanuel's David Lancaster

    Quinn Emanuel Urquhart & Sullivan LLP's London IP chief David Lancaster talks to Law360 here about the challenges posed by the new Unified Patent Court and the U.K.’s role in European IP litigation after Brexit.

  • February 16, 2024

    Rusal Drags Abramovich Into Potanin Mining Dispute

    Aluminum giant Rusal has successfully dragged Roman Abramovich into its legal action against another oligarch over alleged breaches of an agreement setting out the governance of a Russian mining company, with a London judge ruling Friday that the claims should be heard together.

  • February 16, 2024

    Social Club Unfairly Fired Steward, But Age Not A Factor

    A social club unfairly sacked a steward by making her redundant without offering her any redeployment opportunities while retaining one of her colleagues — even though the difference in treatment was not linked to age, a tribunal has ruled.

  • February 16, 2024

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

    This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.

  • February 16, 2024

    French Software Biz Granted Opposition In TM Dispute

    Bodet Software has partially won its bid to challenge a trademark owned by SMS Evoko Group over conference phones and tablet stands, with the Intellectual Property Office saying the logos of the two companies are similar enough to cause confusion.

  • February 16, 2024

    Chinese Co. Can't Protect 'Ambiguous' Video Tech Patent

    A Chinese surveillance tech manufacturer can't register its "hybrid video encoding" patent because it failed to explain clearly how the product works, the European Patent Office has ruled.

  • February 15, 2024

    Anti-Doping Agency Sends Nigeria, Venezuela To Arbitration

    The World Anti-Doping Agency has asked the Court of Arbitration for Sport to arbitrate accusations that Nigeria and Venezuela's anti-doping agencies are not complying with the agency's rules, saying the two nations have lost their privileges in global sporting events for the time being.

  • February 15, 2024

    Facebook Users Win Class Status For £2.3B Data Claim

    One year after sending a £2.3 billion ($2.9 billion) proposed class action against Meta Platforms Inc. back to the drawing board, the U.K. Competition Appeal Tribunal has agreed to certify a 44 million-strong class of U.K. consumers who say that the social media titan exploited their data.

  • February 15, 2024

    Newron Can't Get Parkinson's Drug Patent Widened On Appeal

    Newron Pharmaceuticals can't get additional patent protections for its Parkinson's treatment Xadago, the Court of Appeal ruled Thursday, rejecting Newron's assertion that judges failed to properly distinguish between the formula and the usage of its product.

Expert Analysis

  • Hague Judgments Treaty May Boost UK-EU Cooperation

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    The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.

  • 5 Key UK Employment Law Developments From 2023

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    Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.

  • Emerging Trends From A Busy Climate Litigation Year

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    Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.

  • Key 2024 Arbitration Trends In A Changing World

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    As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.

  • 2024 Will Be A Busy Year For Generative AI And IP Issues

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    In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.

  • Regulating Digital Platforms: What's Changing In EU And UK

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    Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.

  • Dyson Decision Highlights Post-Brexit Forum Challenges

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    The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.

  • 9 Takeaways From The UPC's First 6 Months In Session

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    Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.

  • How Boards Can Mitigate Privacy, Cybersecurity And AI Risks

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    In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • The Outlook For UK Restructuring Plans At Home And Abroad

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    The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.

  • Foreign Assets Ruling Suggests New Tax Avoidance Approach

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    The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.

  • Class Action-Style Claims Are On The Horizon In 2024

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    Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.

  • Cos. Must Monitor Sanctions Regime As Law Remains Unclear

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    While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.

  • The Top 7 Global ESG Litigation Trends In 2023

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    To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.

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