Commercial Litigation UK

  • July 04, 2024

    What Labour's Win Means For UK Commercial Courts

    The Labour Party romped to victory on Thursday after campaigning under the slogan of "Change," but the absence of any consideration of the legal sector in its election pledges has left lawyers hoping the new government will commit to maintaining the country's position as a leading disputes center.

  • July 04, 2024

    Labour Sweeps Tories From Power In UK Election Rout

    Keir Starmer was poised to become Britain's next prime minister on Friday after his Labour Party ousted Rishi Sunak's Conservatives in a landslide general election victory, ending 14 years of Tory government with a pledge of "national renewal."

  • July 04, 2024

    Freeths Says Funder's Loan Negligence Claim Is Time-Barred

    Freeths LLP has hit back at a professional negligence case brought by a litigation-funder, arguing that it waited too long to claim that the law firm left the owner of a quarrying business liable to repay a £250,000 ($320,000) loan.

  • July 04, 2024

    Lawyer Heckled Secretary With Sexist Remarks, Tribunal Says

    A former legal secretary has won her sexual harassment claim against her former firm in an English tribunal after the panel ruled that its leading solicitor had made her distressed, including by telling her he had found a condom used by his partner's paramour.

  • July 04, 2024

    WSJ Publisher Dow Jones Must Face Bankers' GDPR Claims

    The Wall Street Journal publisher Dow Jones has failed to strike out data protection allegations brought against it by two investment bankers as a London court found the claims were not a tactic to avoid the difficulties of bringing a defamation claim.

  • July 04, 2024

    Pope Aide Says Vatican 'Trapped' By UK Property Deal

    A close aide to the pope testified Thursday that he authorized payments of Є15 million ($16.2 million) to an Italian broker to regain full ownership for the Vatican of a London building at the heart a now-notorious property deal.

  • July 04, 2024

    Lender Hits Elite Law For £1.9M Over Alleged Loan Breach

    A lender has sued Elite Law Solicitors after it allegedly failed to spot that its client was a fraud and did not secure necessary protections over a £1.9 million ($2.4 million) property loan, telling a court that this has left it unable to recover its cash.

  • July 04, 2024

    Emirati Scrap Metal Sellers Lied To Secure $45M Loan

    A Dubai shipping broker and his son made false and fraudulent representations when they secured a $45 million loan arrangement from a Norwegian security agent and other lenders, a London court has ruled.

  • July 04, 2024

    Nokia Accuses Amazon Of 'Hijacking' Infringement Case

    A Nokia subsidiary asked a London court on Thursday to strike out Amazon's attempt to compel it to license patents for Prime Video, arguing that the U.S. multinational had "hijacked" its infringement claim over the technology to force it into a deal.

  • July 04, 2024

    Gas Site Manager Unfairly Sacked After Finding Next Job

    An employment tribunal has ruled that a gas mains servicing company unfairly dismissed one of its managers by making him redundant when it discovered he had already found a new job.

  • July 04, 2024

    Tech Co. Knew IP Woes From Soured Deal, AI Video Biz Says

    An AI video analytics business has told a London court that a security technology company it accused of failing to pay up after acquiring its intellectual property should have been aware that its CCTV-analyzing technology might contain bugs.

  • July 03, 2024

    NHS Consultant Surgeon Wins Unfair Dismissal Case

    An NHS trust forced a world-renowned surgeon to quit after making him step down from a role and restricting his ability to practice without first investigating bullying allegations against him, an employment tribunal has ruled.

  • July 03, 2024

    Ex-Post Office Chair Says Legal Review Buried On Advice

    The former chair of the U.K.'s Post Office told a London inquiry Wednesday that he had not shared a legal review of prosecutions of subpostmasters due to advice that it would be legally privileged, despite warnings in the report that some of the convictions may have been unsafe.

  • July 03, 2024

    Ericsson Prefers US FRAND Terms, Rejects Lenovo Attacks

    Ericsson has fought claims that it refuses to negotiate fair licensing terms with Lenovo and abuses its ownership of standard essential patents for 5G technologies, the latest development in a long-running feud between the companies.

  • July 03, 2024

    Royal Mail Faces £878.5M Mass Claim Over Bulk Deliveries

    The owner of Royal Mail is facing an estimated £878.5 million ($1.1 billion) collective action, as the representative of potentially 290,000 retail businesses asked the U.K.'s specialist antitrust court to approve the class claim Wednesday.

  • July 03, 2024

    Ship's Cook Wins £28K For Sacking Over Hip Pain

    An employment tribunal has awarded a cook working for a Scottish ferry company over £28,000 ($35,749), ruling his employer unfairly sacked him after he developed a painful hip condition.

  • July 03, 2024

    Top UK Court To Define 'Payment' For Lawyer Fee Disputes

    The U.K.'s highest court is set to rule on the meaning of "payment" for determining when the clock starts ticking for clients to challenge solicitors' fees as part of a personal injury claim row with an English firm heard by justices on Wednesday.

  • July 03, 2024

    UralChem Owner Can't Shift EU Sanctions

    The European Union's General Court on Wednesday upheld sanctions against oligarch Dmitry Mazepin, finding he remains a leading businessperson in Russia's economy and a major owner of UralChem, one of the country's biggest mineral fertilizer manufacturers.

  • July 02, 2024

    Shelving Biz Hits Rival With Design Infringement Claim

    An Australian shelving manufacturer has sued a British rival for registered design infringement, arguing that certain shelving support bars being offered on the rival's U.K. website copy significant features of its intellectual property without consent.

  • July 02, 2024

    Gambling Biz Settles €273M Buyout Dispute With Financier

    Gambling hall operator MaxBet has settled a host of international legal disputes with Luxembourg-based financial holdings company Maximus stemming from a deal for Maximus to purchase various MaxBet-owned businesses that went south, lawyers for MaxBet told Law360 on Tuesday.

  • July 02, 2024

    Construction Boss' Choice To Cut His Salary Kills Benefits Bid

    A director has failed to sway an employment tribunal that he was an employee of a now-defunct construction company, because his decision to cut his salary meant he wasn't earning enough to qualify as one.

  • July 02, 2024

    £8.5M Property Deal Said To Defraud Creditors In Debt Row

    A British Virgin Islands-registered company has asked a London court to declare that the transfer of an estimated £8.5 million ($10.8 million) property by one of its debtors was done to intentionally hinder the company's chances to reclaim the money it is allegedly owed.

  • July 02, 2024

    Worldpay Faces Demand For Client Info In Alleged FX Fraud

    An architecture firm has asked a London court to order merchant service provider Worldpay to hand over a virtual ledger of one of its customer's accounts in an attempt to track down $1.17 million allegedly missing in a forex broker fraud.

  • July 02, 2024

    Barristers Fight For Fees Stemming From Adjourned Trial

    Two barristers on Tuesday urged a London appellate court to overturn a ruling that they were not entitled to the majority of approximately £150,000 ($190,140) in fees that a client had agreed to pay because the £20 million trial at which they were due to represent her was adjourned.

  • July 02, 2024

    Rolls-Royce, BMW Sue Parts Designer Over IP

    Rolls-Royce and BMW have accused a U.K. platform that sells bespoke car parts of infringing their trademarks by using their iconic logos without consent and misleading consumers.

Expert Analysis

  • ECHR Climate Rulings Hint At Direction Of Future Cases

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    Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • What UK Energy Charter Treaty Exit Would Mean For Investors

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    While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.

  • What To Know About The Russia-Stranded Plane Ruling

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    The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.

  • Uber Payout Offers Employer Lessons On Mitigating Bias

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    Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

  • Clarifying Legal Elements To Support A Genocide Claim At ICJ

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    Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.

  • Opinion

    Employment Tribunal Fees Risk Reducing Access To Justice

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    Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.

  • Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection

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    Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • UK Arbitration Ruling Offers Tips On Quelling Bias Concerns

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    An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • UK Courts Continue To Struggle With Crypto-Asset Cases

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    Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.

  • Why Computer Evidence Is Not Always Reliable In Court

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    Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.

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