Commercial Litigation UK

  • July 11, 2024

    Barclays Sued By Trader For Suspending Investor's Account

    Barclays is being sued for allegedly blocking a customer from trading on the bank's investor platform and failing to tell the market trader when selling could resume, losing him £6.7 million ($8.6 million) in profit.

  • July 10, 2024

    Arabic Tea Seller Wins EU TM Bid On Appeal

    An Arabic-style food shop won its bid Wednesday to reinstate a trademark covering tea with the words "Al Assad" and "Thé Vert de Chine," after a European court ruled that buyers would differentiate it from a rival's mark.

  • July 10, 2024

    CMA Bids To Reverse Nixed £100M Fine In Drug-Pricing Case

    The U.K.'s competition watchdog on Wednesday sought to overturn a ruling that upended more than £100 million ($128.4 million) in fines against drug companies for allegedly reaching agreements related to hydrocortisone tablets, in a major case for U.K. competition law.

  • July 10, 2024

    Beverly Hills Polo TM Owner Can't Overturn Polo Club Ruling

    The owner of trademark rights for the Beverly Hills Polo Club fashion brand failed to convince an appellate court that the existence and activities of other polo-themed trademarks was irrelevant to its infringement claim.

  • July 10, 2024

    Music Distributor Says Contract Claim A Minor Complaint

    Sheet music distributor Hal Leonard has told a U.K. classical music publisher that accusations it failed to improve sales and generate royalties are off-key, especially since Hal Leonard says it went beyond its obligations to promote and sell the music.

  • July 10, 2024

    HMRC, CPS Beat Financier's Claim Over Botched Prosecution

    HM Revenue and Customs and the Crown Prosecution Service have beaten claims of malicious prosecution and misfeasance in public office by a corporate financier following a failed criminal fraud case, with a judge finding that they had enough evidence to pursue him.

  • July 10, 2024

    Nursery Gets 2nd Shot To Fight Font Size Discrimination Case

    A nursery won a shot on Wednesday at overturning a ruling that it discriminated against a staffer with poor vision by using a standard font size in documents, with an appeals tribunal questioning an earlier decision that the use of the "small" font size was unjustified.

  • July 10, 2024

    Whistleblowing Trainee At Defunct Law Firm Wins £36K

    An employment tribunal has ordered an insolvent law firm to pay more than £36,000 ($46,200) to a trainee it dismissed after she blew the whistle on its "chaotic" operations to the industry regulator.

  • July 10, 2024

    Uni Students Can't Bring Group Action Over COVID Disruption

    A court blocked thousands of students on Wednesday from coming together as a single group to sue a top U.K. university for allegedly failing to provide campus-based tuition during the COVID-19 pandemic, because it would cause unnecessary delays and costs to proceedings.

  • July 10, 2024

    Citi Rebuked Over Botched Misconduct Probe Into Trader

    A decision by Citigroup to fire a trader amid allegations that he had given misleading updates on deals was unfair because its probe was plagued by delays and led to an unreasonable finding of gross misconduct, a tribunal has ruled.

  • July 10, 2024

    Pfizer, BioNTech Fight To Invalidate CureVac COVID Patents

    Pharma giants Pfizer and BioNTech urged a London court on Wednesday to invalidate COVID-19 vaccine patents owned by a German company, saying the rival vaccine patent should be nixed because it does not involve any novel inventive step.

  • July 10, 2024

    Finance Co. Can't Escape Liability In £1.7M Failed Investments

    A finance company has failed to duck liability for botched property investments worth approximately £1.7 million ($2.2 million) as a London appeals court found the firm had accepted responsibility for another business to arrange the deals.

  • July 10, 2024

    BA Must Pay Canceled Flight Claim Over Sick Off-Duty Pilot

    The U.K. Supreme Court ruled Wednesday that British Airways cannot refuse to pay out compensation to passengers of a canceled flight, finding that it does not constitute an "extraordinary circumstance" if a pilot falls sick before take off.

  • July 10, 2024

    Shein Investors Could Have Recourse If ESG Abuses Exposed

    Expectations that the Shein fast-fashion group will float on the London Stock Exchange have raised questions over what recourse investors have to recoup losses in the English courts if a future emergence of human rights abuses in a company's supply chain triggers a drop in its share price.

  • July 09, 2024

    Hedge Fund Says Nickel Pause Was 'Regulatory Overreaction'

    A U.S. hedge fund on Tuesday sought to revive its claim against the London Metal Exchange over the market's decision to cancel over $12 billion in nickel trades, arguing that the exchange never had the power to do so.

  • July 09, 2024

    UK Vape Maker Takes Swing At Chinese Rival

    Vapepen has fought back against claims that it sells units identical to SKE Crystal Bar, arguing that its Chinese rival is picking a fight with the wrong company.

  • July 09, 2024

    Supermarket Chain Iceland Fights To Nix Kebab Supplier's TM

    Grocery giant Iceland has hit back at a trademark infringement claim from a kebab meat supplier, saying the meat company's logo is too vague and its trademark protection should be revoked.

  • July 09, 2024

    Sony Music Unit Says Infringement Of TikTok Hit An Error

    A Sony Music unit has told a U.K. record label that its version of a remake of the 2008 hit "Ride It" unintentionally infringed the original track and that the label's damages claim is "excessive and unjustified."

  • July 09, 2024

    Lawyer Accused Of Making False Mishcon Claims On Iran TV

    The solicitors' watchdog told a disciplinary tribunal on Tuesday that a high-profile criminal defense lawyer recklessly made false statements about Mishcon de Reya LLP while appearing on an antisemitic show on an Iranian state-owned media channel.

  • July 09, 2024

    Chief Constable Loses Sex Bias Case Over Work Vendetta

    A senior police officer in northwest England discriminated against a personal assistant by making her collateral damage in a vendetta he had against a rival female officer, an employment tribunal has ruled.

  • July 09, 2024

    Ex-Axiom Ince Staff Win Claims Over Missing Payments

    A tribunal has ordered Axiom Ince to hand over a total of £11,500 ($14,700) in redundancy and unclaimed holiday payments to three former members of staff after the law firm collapsed in October.

  • July 09, 2024

    Malaysian Investor Fights To Block €36M Claim At Top Court

    A Malaysian businessman urged the U.K.'s top court on Tuesday to rule that a creditor should be blocked from bringing a €36 million ($39 million) claim against him because it already won a declaration in an earlier action pursuing the debts. 

  • July 09, 2024

    LetterOne Fights National Security Sale Of Broadband Firm

    An investment group backed by Russian oligarchs has launched the first legal challenge to a decision under the National Security and Investment Act, claiming on Tuesday that the government unfairly forced the sale of a regional broadband provider at a "substantial financial loss."

  • July 09, 2024

    BBC Rebuffed In Effort To Cut Costs Of £20B Pension Scheme

    An attempt by the British Broadcasting Corp. to reduce benefits for employees enrolled in its £19.8 billion ($25.4 billion) pension scheme has been rebuffed as the Court of Appeal ruled in favor of members on Tuesday.

  • July 09, 2024

    Sports Broadcaster Sued For Fraud In Failed Streaming Deal

    Liquidators of a licensing company have sued a broadcasting chief after their autosport streaming deal turned sour, telling a court he lied about his ability to sell streaming subscriptions in U.S. prisons to entice the company to hand over the licensing rights.

Expert Analysis

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • High Court Ruling Sheds Light On Targets For Judicial Review

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    The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.

  • Appeal Ruling Clarifies 3rd-Party Contract Breach Liability

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    The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.

  • CPR Proposal Affirms The Emphasis On Early Mediation

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    While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.

  • How Law Firms Can Handle Challenges Of Mass Claims

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    With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Insurance Ruling Stresses High Hurdle To Fix Policy Wording

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    In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.

  • Taking Stock Of Changes UK Economic Crime Act Will Bring

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    With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.

  • Sanctions Ruling Opens Door For Enforcer To Clear Up Rules

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    In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.

  • How Gov't Response Addresses Investment Act Concerns

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    The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • How Generative AI Can Enhance Disclosure Review Processes

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    As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

  • Experian Ruling Helps Cos. Navigate GDPR Transparency

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    In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

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