Commercial Litigation UK

  • April 19, 2024

    Morgan Lewis Bolsters Munich Office With Partner Hire

    Morgan Lewis & Bockius LLP has hired the Munich office managing partner of Reed Smith LLP to shepherd its expanding global disputes practice.

  • April 19, 2024

    Lewis Silkin Brings Back Disputes Pro From Hausfeld

    Lewis Silkin LLP has rehired a technology and insolvency expert from Hausfeld LLP in a bid to boost its commercial disputes practice.

  • April 12, 2024

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

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    John Lewis Beats Muslim Worker's Discrimination Claim

    Department store John Lewis has beaten accusations that it discriminated against a Muslim employee, but it botched the process for sacking him, a tribunal has ruled.

  • April 12, 2024

    Abbott Loses Bid To Nix UK Whistleblowing Case On Appeal

    An appeals tribunal has rejected Abbott Laboratories' bid to escape a whistleblowing case brought by the founders of a British DNA technology business that it bought, concluding on Friday that the founders had an arguable case that U.K. judges had jurisdiction.

  • April 12, 2024

    Temp Engineer Must Pay £27K For 'Vexatious' Behavior

    An employment tribunal has ordered a temp to pay thousands of pounds in litigation costs for bringing a claim he knew he would lose, having previously failed to show on three other occasions that he was an employee or a worker.

  • April 12, 2024

    Denmark's £1.4B Tax Fraud Trial Heads For 'Uncharted Waters'

    Denmark will open its £1.4 billion ($1.7 billion) dividend fraud case in London on Monday, beginning a yearlong trial that will have wide implications for other disputes arising out of the cum-ex trading scandal that has swept Europe.

  • April 12, 2024

    Sky Managers Can't Appeal Dismissal Case On New Grounds

    Two former Sky store managers cannot reargue their claim that the company owes them money following a mandatory change of role, an appeals tribunal has ruled, blocking them from raising a challenge on grounds that did not come up in the original case.

  • April 12, 2024

    Apple Loses Bid To Toss $1B App Maker Charges Case

    The Competition Appeal Tribunal refused on Friday to toss a £785 million ($996 million) proposed class action by app developers against Apple over commission payments after finding that the claimants had a real shot at showing that the case was governed by U.K. law.

  • April 12, 2024

    Bayer Loses UK Protections For Billion-Dollar Blood Thinner

    A London court on Friday invalidated Bayer AG's patent for its best-selling blood thinner Xarelto, agreeing with an array of generic drugmakers that the German pharmaceutical giant had given away too much information in conference materials about the drug before seeking protections.

  • April 12, 2024

    Clyde & Co. Must Face Ex-Client's Pared-Back Negligence Suit

    Clyde & Co. LLP must face part of a construction magnate's negligence claim over a failed legal case concerning a soured investment, after a London judge tossed part of the case on Friday but ruled that one aspect of it had a real prospect of success.

  • April 11, 2024

    Autonomy Became Less Transparent Before Sale, Jury Told

    An ex-market analyst testifying Thursday in a California criminal trial over claims that former Autonomy CEO Michael Lynch duped HP into buying the British company for $11.7 billion told jurors that the company became less forthcoming about some of its accounting a couple of years before the sale.

  • April 11, 2024

    BlackRock Can't Deduct Interest On $4B, London Court Finds

    Financial services firm BlackRock cannot deduct interest on $4 billion in loans it used for the 2009 purchase of Barclays Global Investors because avoiding taxes was the main reason for the way it structured the transaction, a London appeals court ruled Thursday.

  • April 11, 2024

    Ex-Sidley Partner Says CPS Did Not Disclose Prosecution Info

    A former Sidley Austin LLP partner, a former senior KPMG LLP official and a banking adviser have hit back at the Crown Prosecution Service in the men's £66 million ($82.8 million) claim over a failed tax fraud prosecution, arguing that their prosecutor hid important information from them.

  • April 11, 2024

    Law Firm Denies Thwarting Driver's Injury Claim

    JMW Solicitors has pushed back at accusations by an injured delivery driver that it filed his compensation claim against the wrong defendant to avoid a conflict of interest with a valuable client.

  • April 11, 2024

    Plus-Size Clothing Retailer Sues Over Alleged Knockoffs

    A British fashion retailer has accused a London-based garment supplier of selling knockoffs of its "Yours" and "Yours Curve" plus-size women's clothing brands with a "Yours Curvy" line of products.

  • April 11, 2024

    Airbnb Owner Was Housekeeper's Employer, Tribunal Rules

    A housekeeper who worked at a Scottish castle was an employee instead of a worker and can proceed to sue her old boss for unfairly dismissing her, an employment tribunal has ruled.

  • April 11, 2024

    Ex-Post Office Boss Denies 'Cover Up' Of IT Bugs

    A former Post Office boss has denied trying to "cover up" the fact that senior members of the organization knew the IT system used to prosecute hundreds of innocent sub-postmasters was faulty, as he gave evidence to an inquiry Thursday.

  • April 11, 2024

    Cable Co. Says Funding For Price Fixing CPO Lacks 'Visibility'

    A major European power cable supplier questioned Thursday whether a representative seeking damages on behalf of U.K. electricity customers had allocated enough money to cover their costs during a hearing to decide whether the mass claim should be certified.

  • April 11, 2024

    NHS Assistant With Lung Condition Wins COVID Bias Claim

    An NHS trust in England forced a hospital worker with a chronic lung condition to quit her job by refusing to let her work from home during the COVID-19 pandemic, a tribunal has ruled.

  • April 11, 2024

    ECHR Climate Ruling Provides Blueprint For Future Litigation

    A ruling from Europe's top human rights court that countries have obligations to protect their citizens from climate change could serve as a blueprint for other litigation brought by activists seeking to force action from governments and corporations over a warming planet.

  • April 11, 2024

    Failure To Address Group Chat Jokes Pushed Worker To Quit

    Blackpool Council forced an employee to resign after it failed to formally investigate her complaints about a "deluge" of inappropriate WhatsApp group messages that made her view the workplace as hostile, an employment tribunal has ruled.

  • April 11, 2024

    Dough-Maker Loses Fight Against Order To Reverse Merger

    Dough maker Cérélia on Thursday lost its fight to avoid being forced to sell its Jus-Rol brand, with a London appeals court upholding a decision that the sale is necessary to protect retailers and shoppers from paying higher prices.

  • April 11, 2024

    Hendrix Bandmates Have No Claim To Copyright, Sony Says

    The U.K. arm of Sony has hit back at the estates of the former bandmates of Jimi Hendrix in their ongoing copyright feud over the group's back catalog, alleging that the pair consented to producers taking control.

  • April 11, 2024

    Solicitor Struck Off For Misleading Client Over PI Claim

    A former Slater and Gordon personal injury lawyer who admitted that he misled a client about the status of her claim for more than 15 years was struck off by a tribunal on Thursday.

Expert Analysis

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Decoding UK Case Law On Anti-Suit Injunctions

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    The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

  • EU Product Liability Reforms Represent A Major Shakeup

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    The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.

  • Building Safety Ruling Offers Clarity On Remediation Orders

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    The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • EU Report Is A Valuable Guide For Data Controllers

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    The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • Employers Can 'Waive' Goodbye To Unknown Future Claims

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    The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Ruling Elucidates Tensions In Assessing Employee Disability

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    An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.

  • What Extending Corporate Liability Will Mean For Foreign Cos.

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    Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.

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