Commercial Litigation UK

  • February 21, 2024

    Morgan Stanley Accused Of 'Snobbery' Over $1B Margin Call

    Frasers Group told a London court Wednesday that Morgan Stanley hit it with an almost $1 billion margin call to force the British retailer off its books out of "snobbery" because it viewed Frasers' CEO as "an upstart."

  • February 21, 2024

    Face Mask May Have Triggered PTSD, Tribunal Rules

    A school technician has revived his disability discrimination case after an appellate panel ruled in a decision published Wednesday there was proof to back up his concerns that being forced to wear a face mask during the pandemic would trigger his post-traumatic stress disorder. 

  • February 21, 2024

    Lidl Tackles 'Bad Faith' TM Claims In Tesco Clubcard Spat

    Counsel for Lidl argued on Wednesday that a London court was wrong to rule that the German retailer had registered a trademark for a wordless variant of its logo in bad faith, as intellectual property lawyers await further guidance from the U.K.'s top court.

  • February 21, 2024

    Oxford University Academics Win Employee Status Challenge

    Two University of Oxford academics count as having been employed by the institution even though it hired them on temporary contracts designed to dodge an employer-employee relationship, a tribunal ruled in a decision made public Wednesday.

  • February 21, 2024

    End Of The Line For Cable-Laying Machine Patent Dispute

    A European patent board has revoked an Italian infrastructure company's protections for a cable-laying machine, concluding that it was obvious and others would have eventually figured out how to make it.

  • February 21, 2024

    Ex-Linklaters Atty Owes Saudi Royal $25M Over Missing Fund

    A former Linklaters LLP partner must pay at least $25 million after failing to return an investment fund to a Saudi princess, a London judge ruled Wednesday — but the final bill could reach nearly $40 million.

  • February 21, 2024

    Temp Workers Entitled To Dismissal Reasons, ECJ Rules

    When employers fire temporary workers they must tell them why, because not doing so could prevent them from legally challenging their dismissal, The European Union's top court said Tuesday.

  • February 21, 2024

    Pitmans Can't Strike Out Negligent Pension Advice Claim

    Pitmans Solicitors, BDB Pitmans' predecessor, has failed to strike out allegations that it gave former clients negligent advice on a pension scheme, after a London court found Wednesday that it is "clearly in the interests of justice" that the case proceed against it.

  • February 21, 2024

    Distiller's Amazonian TM Fails To Swing EU Court On Appeal

    A Spanish distiller lost his bid on Wednesday to register a trademark for "Amazonian Gin Co.," when a European court ruled that the mark was too descriptive of the origins and ingredients of the product.

  • February 21, 2024

    Patent Plausibility Faces Uncertain Future At The EPO

    A landmark decision by the European Patent Office to allow evidence submitted after filing a patent application to be used to prove whether a patent is "plausible" has left many questions unanswered. Here, lawyers in the IP sector look for those answers.

  • February 21, 2024

    Revised UK Gov't Climate Plan Is Unlawful, Campaigners Say

    Three campaign groups argued at a London court on Wednesday that a revised government plan to cut back greenhouse emissions is unlawful and will violate Britain's climate obligations.

  • February 21, 2024

    Addison Lee Settles With Lead Claimants In Drivers' Claim

    Minicab giant Addison Lee has settled a long-running dispute with its drivers over their status as workers and their related employee protections such as holiday pay and minimum wage, with lawyers for the drivers hailing the settlement on Wednesday as a win for gig economy workers.

  • February 21, 2024

    Royal Parks Fights Contractor-Staff Comparison In Pay Appeal

    Britain's Royal Parks argued Wednesday that contracted cleaners cannot compare themselves with its directly employed staff, as it fought the contractors' case in the Court of Appeal that their lower rate of pay amounted to race discrimination.

  • February 21, 2024

    Satoshi Associates Deny Wright's Claim To Be Bitcoin Creator

    Two cryptocurrency specialists who had interactions with the pseudonymous inventor of bitcoin in the 2000s told a London court on Wednesday that they do not believe Craig Wright's claims to be the elusive Satoshi Nakamoto.

  • February 21, 2024

    Financial Adviser Sues Law Firm For Ex-Director's Legal Fees

    Financial services business Gallium has claimed a law firm failed to question why it paid £673,000 ($850,000) in legal fees for its ex-director "in his personal capacity" during a dispute with another shareholder.

  • February 20, 2024

    Dutch Court Rejects Russia's Appeal Of $50B Yukos Awards

    Russia on Tuesday lost its last-ditch appeal to overturn $50 billion in arbitral awards issued a decade ago to former shareholders of Yukos Oil Co., once the country's largest oil company, after it was seized by the Kremlin amid allegations of allegedly phony tax debts.

  • February 20, 2024

    Tesco Branding Does Suggest Price-Matching, Lidl Tells Court

    Counsel for Lidl told an appeals court Tuesday that a London judge was clear in its reasoning why rival supermarket Tesco's club card branding conveyed a "price matching message" to its shoppers in order to benefit from Lidl's reputation for discount prices.

  • February 20, 2024

    Law Firm Says It Can Charge For Work As Estate's Executor

    A solicitor should have been entitled to charge for the work he carried out as the executor of an estate despite the absence of a charging clause in the will, a law firm told an appeals court Tuesday.

  • February 20, 2024

    Lundbeck Patent For Alcohol Dependence Treatment Fails

    A European appellate board refused to let Lundbeck patent an alcohol-dependence treatment, ruling that it might have been new, but other scientists would have eventually reached the same conclusion about which patients were most likely to benefit from a drug.

  • February 20, 2024

    Sodexo OK To Sack Prison Officer Over 'Torrent Of Abuse'

    An employment tribunal has ruled that prison management company Sodexo rightly fired a prison officer for gross misconduct after a prisoner accused him of a "torrent of abuse."

  • February 20, 2024

    Banking Oligarch's Wife Loses Russian Sanctions Challenge

    A Ukrainian-Russian tycoon's wife lost a bid on Tuesday to lift sanctions imposed on her after Russia invaded Ukraine, with a London court finding they strike a fair balance between the U.K.'s foreign policy objectives and her individual rights.

  • February 20, 2024

    Fire Brigade Workers Fight To Overturn Pensions Loss

    The firefighters union urged an appeals court on Tuesday to overturn its failed bid to prove that HM Treasury unfairly distributed costs when compensating workers who had received unlawful pensions in the past, arguing that the policy caused sex, age and race discrimination.

  • February 20, 2024

    Straumann Scores Win In Dental Implant Patent Appeal

    A dental implant maker has won its bid to patent an implant with a ceramic surface made of zirconia, after European patent officials found that an amended version was not obvious.

  • February 20, 2024

    Firm Faces Claim From Cleaner Fired For Eating Leftovers

    A cleaner is planning to sue a London law firm and its private cleaning contractor after bosses allegedly fired her for eating a tuna sandwich that lawyers had left behind after a meeting, a trade union has said.

  • February 20, 2024

    Aspiring Judge Loses Race Bias Case Over Failed Application

    An Asian-British solicitor has lost his case accusing a High Court judge of downgrading his application for a judicial post because he wasn't white, with a tribunal concluding that his failure had "nothing whatsoever" to do with his race.

Expert Analysis

  • Pension Scheme Ruling Elucidates Conversion Issues

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    In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.

  • New Fraud Prevention Offense May Not Make Much Difference

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    By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.

  • 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.

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