Commercial Litigation UK

  • March 29, 2024

    ICJ Orders Israel To Open Up Gaza For Humanitarian Aid

    The International Court of Justice has unanimously ordered Israel to "take all necessary and effective measures" to increase the capacity and number of land crossing points in order to ensure that Palestinians in Gaza have unhindered access to basic services and humanitarian assistance.

  • March 28, 2024

    Security Guard Wins £84K Over Harassment, Discrimination

    A security guard has won £84,000 ($106,147) in compensation after proving several claims of discrimination and harassment based on sex, race and disability, after a tribunal said the security firm that employed her paid "scant regard" to the Equality Act.

  • March 28, 2024

    Insurers Must Face £13B Russia-Stranded Planes Suits In UK

    Major insurers including Allianz, AXA and Liberty Mutual will have to face £13 billion ($16.4 billion) worth of claims over planes stranded in Russia after the invasion of Ukraine as a London judge on Thursday ruled against attempts to move the claims to Moscow.

  • March 28, 2024

    Taylor Wimpey Unfairly Dismissed Trainee With Muscle Issue

    Taylor Wimpey discriminated against a former management trainee with a muscle wasting condition after failing to make reasonable adjustments to support his training and dismissing him out of the blue, an employment tribunal in Scotland has ruled.

  • March 28, 2024

    PE Firm Denies Liability For $28M Plane Lease Fees

    A private equity firm has hit back against a $28.5 million claim brought by three aircraft lessors over alleged unpaid fees for four jets, arguing the leases to a Canadian budget carrier it partly owns were unlawfully terminated.

  • March 28, 2024

    Developer Says Law Firm Flubbed FOS Appeal

    A property developer is suing its former lawyers for just over £700,000 ($883,500) for negligence after the firm allegedly failed to file a complaint against a now-infamous turnaround unit of the Royal Bank of Scotland when its investments turned sour in the wake of the 2008 financial crisis.

  • March 28, 2024

    Truck Co. Sues Ex-Boss For £216K Over Tax Dodge Scheme

    A British truck dealership is suing its former managing director for more than £216,000 ($273,000), alleging that he left the company liable for a huge back tax bill by setting up a fraudulent salary sacrifice scheme to rent a house.

  • March 28, 2024

    Payne Hicks Rebuts Yacht Claim Over Billionaire Divorce Case

    Payne Hicks Beach LLP has hit back at accusations that it failed to enforce a court order for the ex-wife of a Russian oligarch the firm was representing against his yacht in the U.S. after the couple divorced.

  • March 28, 2024

    British Biz Hits Back At Chinese Co. In LED Mask Design Fight

    A British businesswoman has hit back at a Chinese light-therapy device manufacturer's claim that she misused its designs for an LED mask and bib, telling a London court she was always the rightful owner of the designs.

  • March 28, 2024

    'Gender Critical' College Teacher Loses Unfair Dismissal Case

    A school did not discriminate against a teacher based on his "gender critical" beliefs when it axed him for refusing to refer to a student using their preferred name and pronouns, a tribunal has ruled.

  • March 28, 2024

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

    This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.

  • March 28, 2024

    Locksmith Hits Back At Security Biz In Key Copy Patent Feud

    A locksmith service has denied infringing an Austrian security company's patent by cutting copies of a key design, telling a court it could not have known the key was patent-protected and saying that the patent is invalid either way.

  • March 28, 2024

    Investors Told To Show Standing For £1.4B StanChart Claim

    A London judge on Thursday ordered part of a group of investors suing Standard Chartered PLC for £1.4 billion ($1.7 billion) — for allegedly downplaying how much it had breached U.S. sanctions — to prove they are entitled to bring the claim. 

  • March 28, 2024

    Crowe Denies £5M Negligence Claim Over Audits Of Wine Co.

    A London-based accounting firm has hit back against a £5 million ($6.3 million) negligence claim by the liquidators of a failed wine investment company, saying it acted with the "care and skill" of a "reasonably competent" auditor.

  • March 27, 2024

    Wedlake Bell Can't Get Early Exit From Trust Negligence Case

    A London court dismissed a law firm's attempt to escape a damages claim for its admitted negligent management of a trust, finding Wednesday that the law is "in a state of development" about the scope of a solicitor's duty in that situation.

  • March 27, 2024

    Bayer Can Briefly Stop Rivals Selling Patented Xarelto Dosage

    Bayer AG can briefly block its rivals from selling generic versions of anticoagulant Xarelto at its protected once-daily dosage while both sides await a ruling on the validity of the patent, a London court said on Wednesday.

  • March 27, 2024

    StanChart Urges Court To Toss Part Of £1.4B Sanctions Suit

    Standard Chartered PLC urged a London judge Wednesday to block part of a group of investors' £1.4 billion ($1.77 billion) claim against it alleging that the bank had downplayed how much it breached U.S. sanctions against Iran by hundreds of billions of dollars, alleging some of the investors had not shown they had standing.

  • March 27, 2024

    Aviation Co. Did Not Undersell By $28M, Lessor Claims

    An aircraft lessor has denied falsely suppressing its profitability to convince an aviation business to undersell its shares in the lessor by $28 million, claiming that any estimates of possible income were genuine and honest.

  • March 27, 2024

    Property Developers Slash Legal Negligence Claim By £9M

    Two property developers have cut their claim accusing their solicitors of negligence in a residential development from £15 million ($19 million) to £6 million, representing unpaid loans that they are now on the hook for.

  • March 27, 2024

    Czech Republic Can't Bring New Challenge To $350M Award

    A London judge declined Wednesday to let the Czech Republic introduce a new jurisdiction challenge to a $350 million award in favor of a blood plasma company, because the state should have raised the matter in arbitration proceedings.

  • March 27, 2024

    Lawyer Group Ends Challenge Over Fixed Recoverable Costs

    A legal trade body has ended court proceedings against the U.K. government after it agreed to make changes to a new regime to extend fixed recoverable costs in personal injury cases.

  • March 27, 2024

    VAT Applies To UK Insurer's Prior Service Pact, Court Rules

    Value-added taxes apply to performance fees invoiced to a U.K.-based insurance company by an investment management firm as part of service agreements, a London court said, because those payments occurred outside the duration of the arrangement.

  • March 27, 2024

    Hospital Unfairly Fired Worker Accused Of Rape

    A hospital in Devon unlawfully sacked a clinical manager while police investigated him over allegations of rape made by a younger colleague, an employment tribunal has found.

  • March 27, 2024

    Sainsbury's Says Mandarins Not From Protected Variety

    Sainsbury's has hit back at accusations that a variety of its mandarin oranges infringe on the plant breeding rights of a French company, arguing that its Tang Golds are intrinsically different from the protected Nadorcotts owned by Nador Cott Protection SAS.

  • March 27, 2024

    Sony Faces £750K Equal Pay Claim From Female Accountant

    A former PlayStation accountant is suing Sony Interactive Entertainment Europe Ltd. for around £750,000 ($946,000), claiming that the company paid her half the salary of her male colleague and sacked her for bringing her case to a tribunal.

Expert Analysis

  • Examining US And Europe Patent Disclosure For AI Inventions

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    As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.

  • Incontinence Drug Ruling Offers Key Patent Drafting Lessons

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    In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.

  • RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'

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    A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.

  • Putin Ruling May Have Unintended Sanctions Consequences

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    By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.

  • EPO Decision Significantly Relaxes Patent Priority Approach

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    In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.

  • Landmark EU Climate Case May Shape Future Disputes

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    The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • Bias Claim Highlights Need For Menopause Support Policies

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    The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.

  • UK Case Offers Lessons On Hiring Accommodations

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    The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.

  • Shifting From Technical To Clear Insurance Contract Wordings

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    Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.

  • A Case For The Green Investment Regime Under The ECT

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    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • How Employers Can Support Neurodiversity In The Workplace

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    A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.

  • What's In The Plan To Boost Germany's Commercial Litigation

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    Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.

  • What To Consider When Making Brand Sustainability Claims

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    A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.

  • Retained EU Law Act Puts Employment Rights Into Question

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    The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.

  • In Balancing Commerce And Privacy Interests, Consent Is Key

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    Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.

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