Commercial Litigation UK

  • July 18, 2024

    Law Firm Did Not Think SRA Alerts Applied To Former Client

    Matthew & Matthew Solicitors has told liquidators for a now-defunct group of companies that it did not believe that warnings about investment schemes by the English solicitors' regulator applied to its client, arguing that the businessman's care home scheme appeared legitimate.

  • July 18, 2024

    Pets At Home Beats Worker's Bias, Harassment Claims

    A sales assistant at Pets at Home has failed to prove that she was discriminated against, sexually harassed or forced to resign over a rumored relationship with a colleague, an employment tribunal has ruled.

  • July 18, 2024

    Consultant Forced To Resign In Patient Death Inquiry

    A consultant surgeon was forced to quit after bosses gave him no time to prepare for a disciplinary hearing and imposed harsher sanctions than necessary over undisclosed allegations of patient care failure, an employment tribunal has ruled.

  • July 18, 2024

    HR Admin's Discrimination Claim Lacks Proof, Tribunal Rules

    A human resources administrator has lost a race discrimination claim that alleged her co-workers mimicked a foreign accent and drew a rude picture of her, after a tribunal found there was no evidence the events took place.

  • July 18, 2024

    Royal Mail Denies Holding Monopoly Over UK Address Data

    Royal Mail has denied a software developer's claim that it holds a monopoly over the market for updating U.K. addresses, arguing the service is not a distinct product to hold a dominant position in.

  • July 18, 2024

    Drax Power, Chubb Want $170K For Cargo Vessel Collision

    British renewable energy company Drax Power Ltd. and insurer Chubb European Group SE have sued a Dutch shipping company for $170,000 after one of its ships allegedly caused "heavy damage" in a collision with a vessel carrying thousands of metric tons of wood pellets.

  • July 18, 2024

    Thom Browne Denies Competing With Adidas In Stripe Fight

    Thom Browne told a court on Thursday that he did not use a four-stripe design on sportswear to compete with Adidas as he gave evidence in the trial of a multi-jurisdictional trademark dispute over the designs used by the two brands.

  • July 18, 2024

    GE Can't Claim Credit For £189M In Double Tax, Court Says

    A U.K.-registered subsidiary of General Electric does not qualify for at least £189 million ($245 million) in double tax relief under a U.S.-U.K. treaty because it lacks a U.S. presence akin to a domicile, a London appellate court ruled.

  • July 18, 2024

    Post Office Execs 'Lied To Me,' Ed Davey Tells Inquiry

    Ed Davey told an inquiry on Thursday into the miscarriage of justice at the Post Office that senior officials at mail service, including its former chief executive, "lied" to him about the IT system used to prosecute innocent people.

  • July 18, 2024

    Ryanair Disruption Claim Blocked By Law, Air Controller Says

    U.K. airspace controller NATS has said the country's transport regulation blocks Ryanair from bringing its €5.3 million ($5.7 million) claim for losses suffered after a computer error disrupted around 1,300 of the airline's flights.

  • July 18, 2024

    Attorney General Puts Gerrard Contempt Case On Backburner

    Britain's attorney general is not pursuing contempt of court proceedings "at this stage" against former Dechert partner Neil Gerrard for lying under oath while testifying about his work for mining company ENRC.

  • July 17, 2024

    Retired Couple Seek To Override Ex-Solicitor's Deceit Win

    A financial advisor and his wife battled to reverse a ruling finding them liable to a former solicitor for his investment in a now-defunct forex trading scheme, arguing they had wrongly been found to be partners.

  • July 17, 2024

    Manager Forced Out Of Delivery Co. Over Fire Risk Concerns

    An Employment Tribunal has ruled that a delivery company left a senior manager with no option but to leave after his employer refused to investigate his concerns that the delivery bikes' rechargeable batteries posed a serious fire hazard.

  • July 17, 2024

    Ex-Minister Admits Failing To See Post Office Injustice Sooner

    A former junior business minister in place when the Post Office was fighting wrongly convicted subpostmasters in court told the government inquiry into the scandal on Wednesday that she "absolutely" should have recognized a possible injustice sooner.

  • July 17, 2024

    Qatari Fund Sues Sheikh Over Stalled 70-Carat Diamond Deal

    A Qatari investment fund has accused a Sheikh of breaching a promise to sell it a 70-carat diamond, telling a London court that he cited the COVID-19 pandemic as a force majeure event allowing his family to avoid handing over the jewel.

  • July 17, 2024

    Kazakhstan Agrees To End Fight Over $506M Award

    A decade-long fight between Kazakhstan and Moldovan oil and gas investors who won a half-billion-dollar arbitral award against the country has come to a close, with the parties inking a binding framework to resolve their dispute.

  • July 17, 2024

    Amlin Ducks Liability Over $47M Award On 'Pay First' Clause

    A London court has ruled that MS Amlin Marine NV does not have to pay out to a company it insured, as that business has not yet paid a $47 million arbitration award it owes in damages over a vessel that grounded in the Solomon Islands.

  • July 17, 2024

    Italian Designer's Historic 'Belfe' TM Saved On Appeal

    A European court upheld a historic Italian sportswear company's "Belfe" trademark Wednesday, finding there was ample proof that it had used the mark to sell thousands of clothing items despite a rival's claim the brand hadn't been using it.

  • July 17, 2024

    Labour Revives Arbitration Bill To Reform £2.5B Industry

    The U.K. will introduce a new Arbitration Bill reviving legislation shelved in the runup to the election as part of plans to support the country's position as an international center for dispute resolution, the government said in the King's Speech on Wednesday.

  • July 17, 2024

    Thom Browne Says Adidas Hasn't Earned Stripes In TM Spat

    New York fashion brand Thom Browne accused Adidas on Wednesday of trying to monopolize any use of a three-stripe design in clothing and footwear as a trial got underway in London over the multijurisdictional trademark dispute.

  • July 17, 2024

    TikTok Loses 1st Challenge Against EU Big Tech Law

    TikTok lost its bid to escape European Union digital market rules on Wednesday, when the bloc's General Court found the social media platform's global market value shows the company has significant potential to make money from European users.

  • July 17, 2024

    Venom Vocalist Sues Bandmate For Copyright Infringement

    Heavy-metal singer Conrad Lant has sued his former Venom band-mate, arguing that drummer Anthony Bray and a music distributor were infringing his copyright by selling merchandise stamped with his designs.

  • July 16, 2024

    Atty Seeks Protection From 'Swords Of Damocles' In $4B Fight

    A private wealth solicitor fought Tuesday in a London court to remove "Swords of Damocles" hanging over him after he was appointed as the representative of a late Russian billionaire's estate in the latest chapter of a $1 billion dispute over the businessman's $3.7 billion fortune.

  • July 16, 2024

    Self-Styled Bitcoin Founder Could Face Criminal Prosecution

    A London judge referred Craig Wright to prosecutors on Tuesday for potential perjury charges after concluding that the Australian computer scientist had repeatedly lied about inventing bitcoin for financial gain.

  • July 16, 2024

    Transgender Judge's Exit Illustrates Bench's Diversity Woes

    The resignation of Victoria McCloud, Britain's only transgender judge, has opened up a debate over just how diverse the judiciary really is. She tells Law360 that "if you're a minority, and you're at risk of being vilified, the support simply isn't there."

Expert Analysis

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

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    Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

  • Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims

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    In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.

  • Employer Lessons From Teacher's Menopause Bias Win

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    A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.

  • Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

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    In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.

  • What UK Digital Markets Act Will Mean For Competition Law

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    The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.

  • UK Supreme Court Confirms Limits To Arbitration Act Appeals

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    Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.

  • Examining The EU Sanctions Directive Approach To Breaches

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    In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.

  • Trends, Tips From 7 Years Of EPO Antibody Patent Appeals

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    Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.

  • 4 Takeaways From Biotech Patent Invalidity Ruling

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    The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.

  • Why Reperforming Loan Securitization In UK And EU May Rise

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    The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.

  • What French Watchdog Ruling Means For M&A Landscape

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    Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.

  • How Life Science Companies Are Approaching UPC Opt-Outs

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    A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

  • New Directors' Code Of Conduct May Serve As Useful Guide

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    Although the Institute of Directors’ current proposal for a voluntary code of conduct is strongly supported by its members, it must be balanced against the statutory requirement for directors to promote their company’s success, and the risk of claims by shareholders if their decisions are influenced by wider social considerations, says Matthew Watson at RPC.

  • Lego Ruling Builds Understanding Of Design Exam Process

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    In Lego v. Guangdong Loongon, the European Union Intellectual Property Office recently invalidated a registered design for a toy figure, offering an illustrative guide to assessing the individual character of a design in relation to a preexisting design, says Christoph Moeller at Mewburn Ellis.

  • Contractual Drafting Takeaways From Force Majeure Ruling

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    Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.

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