Commercial Litigation UK

  • February 13, 2024

    The Body Shop Appoints Administrators After PE Buyout

    The Body Shop on Tuesday appointed administrators to restructure its business, just months after the British cruelty-free cosmetics and skin care brand was bought out by European private equity firm Aurelius Group for £207 million ($261 million).

  • February 13, 2024

    3M Unit Wins Wound Tech Patent After Physics Feud At EPO

    A subsidiary of 3M can register a patent for its wound-healing technology after proving that the European Patent Office confused the meaning of "wave frequency," an appeals panel has ruled.

  • February 13, 2024

    Morgan Stanley Must Fix Evidence Failures Before $995M Trial

    A London court concluded on Tuesday that Morgan Stanley had failed to properly disclose evidence before a trial over accusations that it had unfairly issued Frasers Group PLC with a $995 million margin call on Hugo Boss stock options.

  • February 12, 2024

    ByteDance Can't Pause TikTok's EU 'Gatekeeper' Designation

    A European court has rejected a bid by TikTok's parent company ByteDance to pause the video-sharing service's designation as a "gatekeeper" ahead of a March deadline to comply with new obligations under the Digital Markets Act to provide users more choice.

  • February 12, 2024

    Shell Must Face Nigerian Oil Spill Cleanup Claim

    A London court on Monday rejected Shell's bid to strike out a claim brought by a rural Nigerian community demanding the oil giant finish a cleanup following two massive spills that they said devastated the environment.

  • February 12, 2024

    University To Pay £447K For Racial Discrimination Of Lecturer

    A senior lecturer at the University of Portsmouth has been awarded at least £447,000 ($565,000) after the university racially discriminated against her several times, "shattering" her life-view that she could succeed if she worked hard.

  • February 12, 2024

    Sandoz Says Xarelto Dosing Info Was Public Before Patenting

    Counsel for Sandoz told a London court Monday that patent protections underpinning Xarelto, Bayer's best-selling drug, are obvious, claiming that the German pharmaceutical giant published data on the dosing regimen for the key ingredient to prevent and treat blood clots before it filed the patent. 

  • February 12, 2024

    British Law Firms Become Major Players In EU IP Court

    Britain has pulled out of Europe's new patent litigation system, but U.K. law firms have not stood on the sidelines. The country's intellectual property experts have been major players in the court, setting up shop in Dublin and teaming up with patent attorneys.

  • February 12, 2024

    Nuclear Consultancy Sued For £445K Over Pension Payouts

    Two former employees at a nuclear consultancy have sued the company for a total of £445,000 ($562,000) over their redundancy pension payouts, alleging that the business failed to honor their long-standing benefits from earlier employers after their contracts changed hands.

  • February 12, 2024

    Priest Employed By Charity Not Greek Church, Tribunal Says

    A Greek Orthodox priest was employed by a local community charity of the church in England when he was on secondment from the Church of Greece, an employment tribunal has found, teeing up the unfair dismissal dispute to head straight to a remedy hearing.

  • February 12, 2024

    Ex-CEO Of Aerospace Biz Denies Sinking £36M Chinese Sale

    The former chief executive of British aerospace manufacturer Gardner has denied that he tried to tank a £36 million ($45 million) sale to a Chinese company, arguing that he acted reasonably and honestly when he dealt with the company's dire financial state and national security concerns.

  • February 12, 2024

    Autonomy Founder Must Pay $4B Over Sale Fraud, HP Says

    Hewlett Packard asked a London court on Monday to order the founder of Autonomy and his chief financial officer to pay more than $4 billion in damages after they fraudulently inflated their technology firm's value before its $11 billion sale.

  • February 09, 2024

    Gateley Hires Nigerian Lawyer To Lead Arbitration In Africa

    Gateley Legal's international arbitration team has announced its engagement of a Nigerian qualified disputes lawyer to lead its African practice, saying she will focus on supporting the expansion of the firm's disputes services across multiple jurisdictions.

  • February 09, 2024

    No Reinstatement For Lawyer Struck Off Over Drink Scam

    The Solicitors Disciplinary Tribunal refused on Friday to reinstate a lawyer who was struck off after being imprisoned for helping to bribe witnesses in a fake Duracell energy drink fraud trial, concluding that his "significant character reformation" was not enough.

  • February 09, 2024

    Insurer Liable For Exploiting Business Before Merger

    A motor industry insurer exploited an opportunity to provide warranties to a car dealership at the expense of the warranty provider that made the introduction during ill-fated merger talks, a London court ruled Friday.

  • February 09, 2024

    Green Party Allowed To Sack Spokesperson Over Trans Views

    A London court ruled Friday that the Green Party was allowed to oust a former spokesperson over his expressed beliefs on trans rights because it is a political organization, despite having broken procedural rules when it sacked him.

  • February 09, 2024

    Lack Of English Use By German Co. Might Be Bias, EAT Rules

    An ex-employee of a payment provider has revived his case after an appellate panel ruled that a previous judge should not have struck out allegations that the German company's failure to hold meetings in English amounted to racial discrimination.

  • February 09, 2024

    Sandoz Patent For IBS-Treating Antibiotic Fails On Appeal

    Sandoz AG has lost its bid to patent a new method for preparing rifaximin, after European patent officers ruled that the tweaked treatment for traveler's diarrhea and other gastrointestinal conditions was obvious.

  • February 09, 2024

    Court Says 'Catastrophe' Applies In COVID Reinsurance Cases

    A London court has allowed insurers to make claims under reinsurance contracts for business interruption losses claimed during the COVID-19 pandemic, saying that the outbreak of an infectious disease constitutes a "catastrophe" under the policy wording.

  • February 09, 2024

    GSK Arm Wins Appeal In Cancer Drug Royalties Dispute

     A GlaxoSmithKline unit won its appeal Friday to avoid having to pay royalties to AstraZeneca on all sales of its ovarian cancer drug under a licensing agreement.

  • February 09, 2024

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

    This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.

  • February 09, 2024

    Visa, Mastercard Bid To Ax Retailers' Swipe Fees Class Action

    Visa and Mastercard told an appeals court on Friday that the antitrust tribunal should have dismissed proposed class actions accusing the credit card giants of unfairly imposing interchange rules on retailers.

  • February 09, 2024

    Nat Geo Quashes Retail Giant's 'Geographic' TM

    National Geographic has blocked the company behind North Face and Vans from registering a trademark for "Geographic" in Europe because it could be easily confused with the nonprofit's logo.

  • February 09, 2024

    Manchester City Hits Back At Superdry's Asahi Logo TM Claim

    Manchester City has fired back at Superdry PLC in a trademark dispute over the club's kit bearing Asahi's Super "Dry" slogan, arguing that consumers would not confuse the brewer's well-known branding with the clothing retailer's sign.

  • February 09, 2024

    Wedlake Bell Hires IP Pro From Laytons In London

    Wedlake Bell LLP has recruited a new partner from Laytons LLP to its intellectual property team in London, with the firm hoping that her broad practice will bolster its IP service across the board.

Expert Analysis

  • High Court Dechert Ruling Offers Litigation Privilege Lessons

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    While the recent High Court ruling in Al Sadeq v. Dechert LLP, which concerned torture conspiracy allegations against the firm, held that litigation privilege can be claimed by a nonparty to proceedings, the exact boundaries of privilege aren't always clear-cut and may necessitate analyzing the underlying principles, says Scott Speirs at Norton Rose.

  • What To Know About AI Fraudsters Before Facing Disputes

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    The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.

  • UK Insolvency Reform Review Shows Measures Are Working

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    The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.

  • More UK Collective Actions On The Horizon After Forex Ruling

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    A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.

  • How Russia Sanctions May Complicate Contract Obligations

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    Against the backdrop of recent comprehensive sanctions against Russia and Belarus, a review of recent U.K. case law clarifies that certain force majeure clauses likely cover trade sanctions, and that future litigation will further develop the scope of force majeure and frustration in the context of sanctions, says Frances Jenkins at Quillon Law.

  • New Guidance Offers Clarity For Charities On ESG Investing

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    The need for charities to understand investing in line with environmental, social and governance aspirations has never been more pressing, and recently updated U.K. Charity Commission guidance should give trustees confidence to make decisions that are right for their organization, says Robert Nieri at Shoosmiths.

  • Taking Stock Of Company Climate Duties After ClientEarth

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    Despite the High Court's recent dismissal of ClientEarth v. Shell, the case nonetheless has key consequences for companies that are susceptible to being targeted by nonprofit activists as environmental, social and corporate governance lawfare continues, says Dan Harris at Chancery Advisors.

  • Copyright Cheat Sheet: Finding Substantially Similar Songs

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    Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.

  • Lessons On Cricket Patent History And IP Protection At UPC

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    On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.

  • FCA Case Failures Highlight Value Of Robust Investigation

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    The recent U.K. upper tribunal judgment in Seiler, Whitestone and Raitzin v. The Financial Conduct Authority, criticizing the regulator for accepting a narrative advanced by the firm, makes clear that such admissions must not get in the way of a proper investigation to enable agencies to target the correct individuals, say Tom Bushnell and Olivia Dwan at Hickman & Rose.

  • Reputation Management Lessons From Spacey Case

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    While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.

  • Factors To Consider In Protecting Software With Trade Secrets

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    With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.

  • What ClientEarth Ruling Means For Shareholder Climate Suits

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    The High Court recently confirmed its earlier decision in ClientEarth v. Shell, illustrating that environmental groups seeking to bring a derivative action against corporate directors' strategic decision making may find it challenging to obtain admissible evidence to establish a prima facie case of a breach, say lawyers at Herbert Smith.

  • Directors Should Beware Reinvigorated UK Insolvency Service

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    The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.

  • EU Privacy Plan Finally Resolves Data Transfer Woes

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    Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.

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