Commercial Litigation UK

  • 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.

  • February 15, 2024

    Looming Reforms Prompt Questions On SEP Licensing

    Market players, regulatory bodies and the judiciary seem to be shifting in favor of companies that want to license patents essential to standardized technologies such as Bluetooth, Wi-Fi and cellular standards, but some lawyers question whether these changes are necessary.

  • February 15, 2024

    Gallagher Denies Liability In $7.3M Cargo Reinsurance Claims

    Insurance broker Gallagher has denied owing insurers $7.3 million for allegedly failing to pay money owed under a reinsurance contract covering decades-old cargo losses, saying it has already paid out the sums required.

  • February 15, 2024

    M&S Loses Battle With Aldi Over Snow Globe TM At UKIPO

    Marks & Spencer can't register a trademark for its popular Christmas-themed gin bottles after U.K. intellectual property officials ruled that the words "snow globe" simply described the product, in the latest gin-fueled brawl between the retailers.

  • February 15, 2024

    JP Morgan And Viva Wallet Founder Sue Each Other

    J. P. Morgan and the founder of a Greek payment company co-owned by the investment bank have filed legal claims against each other in London in a dispute over the value of the fintech business.

  • February 15, 2024

    NHS Forced PTSD Doc To Quit By Ignoring Resourcing Issues

    A National Health Service trust unfairly pushed a clinical psychologist out the door by continually failing to address her concerns about patient safety amid a lack of funding and resources for her mental health unit, a tribunal has ruled.

  • February 15, 2024

    Skyscanner's TM Infringement Claims Boomerang Back

    Loveholidays has hit back at Skyscanner's trademark infringement allegations, accusing the flight aggregator of giving its brand a "dramatic change" to make it look more like the online travel agency's logo.

  • February 15, 2024

    Collapsed Pension Fund Claws Back £1.9M Lost In Fraud

    The liquidators of a pension fund said they have clawed back £1.9 million ($2.4 million) as part of their long-running quest to recover many millions of pounds of investors' pension savings lost to an elaborate fraud.

  • February 15, 2024

    Saint-Gobain's Windshield Patent Too Obvious, EPO Rules

    A European patent board has revoked Saint-Gobain's patent for a reflection-reducing windshield, after a British glass company convinced officials the patent could be too easily replicated by a skilled glassmaker to warrant protection.

  • February 15, 2024

    Sacked Anti-Vax Carer Loses Unfair Dismissal Case

    A care worker has lost her claim for unfair dismissal against her employer as a tribunal found that it was reasonable for her to be sacked when she refused to have the COVID-19 vaccine despite being required by law to do so.

  • February 15, 2024

    Utility Bills Biz Seeks £4M Over Fraudulent Gas Supply Deals

    A utility bills company is seeking to claw back £4.1 million ($5.1 million) it paid to an energy trader it alleges deceived it into believing it would supply gas to customers, when in reality fraudulent contracts had been set up with other suppliers.

  • February 15, 2024

    Bitcoin 'Inventor' Mentioned Blockchain in 2008, Witness Says

    A former business associate of Craig Wright told a London court Thursday that he believes Wright's claim to be the inventor of bitcoin is "feasible" based on conversations he remembers dating back to the 2000s.

  • February 15, 2024

    Claimant Body Denies Injury 'Epidemic' Before Court Appeal

    Insurers have widely exaggerated the rise in the number of so-called mixed tariff injuries, a trade body for the claimant sector said on Thursday, as the U.K.'s highest court prepares for hearings next week on how to compensate people who have been affected.

  • February 15, 2024

    Serco OK To Sack Hospital Employee Over Tea Theft Saga

    Serco Ltd. had reasonable grounds to sack an employee for gross misconduct after it found in an investigation that she had pocketed 1,100 tea bags and bullied a colleague, a tribunal has ruled.

  • February 14, 2024

    Optis, Apple FRAND Redactions Too 'Aggressive'

    Apple and Optis could not convince a judge to okay a slew of proposed redactions to an under-wraps judgment concerning fair, reasonable and non-discriminatory licensing rates for patents deemed essential to 4G technology.

  • February 14, 2024

    Ogilvy Blocks Electronics Maker From 'Tartan' TM In EU

    A major Taiwanese electronics manufacturer has lost its bid to register a trademark for "Tartan," after European intellectual property officials ruled that buyers might think it was linked to the Ogilvy ad agency.

Expert Analysis

  • How European Authorities Are Foiling Anti-Competitive Hiring

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    Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.

  • When Can Bonuses Be Clawed Back?

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    The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.

  • The State Of UK Litigation Funding After Therium Ruling

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    The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.

  • Trial By AI Could Be Closer Than You Think

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    In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.

  • Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds

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    With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • How The Netherlands Became A Hub For EU Class Actions

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    As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.

  • Navigating The Novel Challenges Facing The Legal Profession

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    The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.

  • New Fixed Costs Rules May Have Unforeseen Consequences

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    The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.

  • A Look At Enforcing And Contesting Arbitral Awards In Qatar

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    As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Oil And Gas Case Highlights Judicial Review Climate Trends

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    Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.

  • Collapse-Risk Buildings Present Liability Challenges

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    Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.

  • Age Bias Cases Illustrate Key Employer Issues On Retirement

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    Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.

  • Why Indonesia Feels Frustrated By Airbus Dispute Outcome

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    Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.

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