Commercial Litigation UK

  • 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.

  • February 14, 2024

    Orwell Estate Gets 1984 TM Over Non-Use

    The estate of the wife of George Orwell has successfully registered a trademark to use the writer's famous "1984" novel title on clothing after convincing U.K. intellectual property officials to revoke a small clothing retailer's protection for the year.

  • February 14, 2024

    Drop In IP Appeals At Top EU Court May Yield TM Uncertainty

    After the European Union's highest court dramatically cut back the number of intellectual property cases it hears, lawyers warn that the risk of conflicting and vague rulings from lower decision-makers could create uncertainty for European trademark law.

  • February 14, 2024

    Mine Rescuer Forced To Resign After Misleading Email

    A tribunal has found that a mine rescuer was constructively dismissed after his bosses misled him, feigning that they wanted him to come back to his job after a disciplinary hearing while they worked to prevent his return.

  • February 14, 2024

    Illumina Fails To Revive 2 DNA Patents On Appeal

    European patent officials have revoked two of Illumina Cambridge Ltd.'s patents for DNA-sequencing techniques, ruling that the patented claims went beyond the original application, in the latest setback for the biotech giant.

  • February 14, 2024

    Visa, Mastercard Accused Of Anticompetitive 'Floor' In Fees

    A group of merchants argued on Wednesday that Visa and Mastercard breach antitrust laws when they charge interchange fees and impose rules on some card schemes, saying that they are anticompetitive because there is no fair negotiation.

  • February 14, 2024

    Rosenblatt Opens Arbitration Practice With New Partner Duo

    Rosenblatt has launched a new international arbitration practice in London to be headed by two recent partner hires from Bryan Cave Leighton Paisner and LMS Legal amid growing demand for specialized arbitration experts in cross-border disputes.

  • February 14, 2024

    Teva Proves GSK Unit's HIV Drug Patent Not Specific Enough

    Teva has persuaded European officials to revoke an HIV antiviral therapy patent belonging to a joint GlaxoSmithKline and Pfizer unit after proving that it was not clear from the patent's parent application which compounds formed the combination drug.

  • February 14, 2024

    BDO Sues Insurance Broker Over Unpaid M&A Advisory Fee

    Accounting firm BDO LLP has sued KGJ Insurance Services and three of its directors over claims they failed to pay out for the advisory services BDO provided the insurance broker as it looked for a new buyer.

  • February 14, 2024

    Recruiter Discriminated Against Temp With Depression

    A recruitment company discriminated against an agency worker when it terminated her assignment on her third day of work after she disclosed her mental health problems, an Employment Tribunal has found.

  • February 14, 2024

    Aquarium Worker With Fish Tuberculosis Loses Sacking Case

    An aquarium maintenance worker has lost his claim that he was forced to quit an aquarium and pond business after contracting an infection in his finger that causes a tuberculosis-like illness in fish, as a tribunal ruled that he chose to leave.

  • February 14, 2024

    Insurers On Hook After Top Court Rules On Credit Hire Claims

    The cost of motor claims for insurers could rise after Britain's highest court ruled on Wednesday that they have to pay additional damages to replacement car hire companies after a road traffic accident, although experts say there could still be a silver lining. 

  • February 14, 2024

    Insurers Must Pay Out On Third-Party Hire Car Losses

    Insurers must cover rental income lost by car hire firms when their vehicles are involved in accidents, the U.K.'s highest court ruled on Wednesday in a case that is likely to add major costs for the insurance industry.

Expert Analysis

  • 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.

  • UAE Bank Case Offers Lessons On Enforcing Foreign Rulings

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    The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.

  • 9 Hallmarks Of The New German Class Action Regime

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    By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.

  • Protecting The Arbitral Process In Russia-Related Disputes

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    Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.

  • Examining US And Europe Patent Disclosure For AI Inventions

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    As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.

  • Incontinence Drug Ruling Offers Key Patent Drafting Lessons

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    In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.

  • RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'

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    A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.

  • Putin Ruling May Have Unintended Sanctions Consequences

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    By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.

  • EPO Decision Significantly Relaxes Patent Priority Approach

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    In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.

  • Landmark EU Climate Case May Shape Future Disputes

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    The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • Bias Claim Highlights Need For Menopause Support Policies

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    The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.

  • UK Case Offers Lessons On Hiring Accommodations

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    The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.

  • Shifting From Technical To Clear Insurance Contract Wordings

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    Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.

  • A Case For The Green Investment Regime Under The ECT

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    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • How Employers Can Support Neurodiversity In The Workplace

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    A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.

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