Commercial Litigation UK

  • April 30, 2024

    Ex-DWF Barrister Disbarred Over False Discrimination Claims

    A tribunal disbarred a formed DWF barrister on Tuesday after concluding that he had dishonestly targeted his boss with false allegations of homophobia and racism, possibly to deflect attention from complaints of misconduct made against him.

  • April 30, 2024

    Eatery Can't Extend 'Physical Damage' Policy To COVID Claim

    An appellate court threw out on Tuesday a restaurant owner's attempt to broaden the scope of a business interruption policy lacking any "nondamage" extensions to include losses sustained during the COVID-19 pandemic.

  • April 30, 2024

    Vanquis Bank Seeks £4.5M For Law Firm's Complaints Deluge

    Vanquis Bank Ltd. is seeking an estimated £4.5 million ($5.6 million) from a law firm it says has sent it thousands of meritless complaints, accusing it of irresponsible lending in a "reckless and indiscriminate" approach to earn commission if a claim happens to succeed.

  • April 30, 2024

    FIFA Player Transfer Rules Could Break EU Antitrust Laws

    FIFA's transfer rules that entitle football clubs to compensation from players and their new clubs when they cut their contract short to switch teams could be unlawful under European Union antitrust laws, an adviser to the bloc's top court said on Tuesday.

  • April 29, 2024

    'I Don't Want To Try That Case,' Judge Tells Mike Lynch's Atty

    The California federal judge overseeing Autonomy founder Michael Lynch's fraud trial over claims he duped HP into paying an inflated $11.7 billion for his company pushed back Monday against an attempt by Lynch's lawyer to introduce evidence of events that took place after the acquisition, saying, "I don't want to try that case."

  • April 29, 2024

    Regulator To Pay £58K For Harassing Gender Critical Worker

    An employment tribunal ordered Westminster City Council and Social Work England to pay £58,344 ($73,284) to a suspended social worker they accused of posting antitransgender content online.

  • April 29, 2024

    Meta Can't Appeal Approval Of £2.3B Data Class Action

    Meta was blocked on Monday from challenging a decision by the Competition Appeal Tribunal to allow a £2.3 billion ($2.8 billion) class action accusing the Facebook owner of exploiting its users' data, after the court found the appeal had "no real prospect of success."

  • April 29, 2024

    Butlins Sues Insurers For £60M After Flood Damage

    A major holiday resort is suing a number of its insurers, including Aviva and QBE, for failing to pay out on losses sustained when a vacation park was flooded, causing the closure of many of its lodges.

  • April 29, 2024

    DWF Barrister Made False Discrimination Claims, BSB Says

    A former DWF LLP barrister is facing disciplinary action over allegations that he dishonestly and deliberately targeted his boss with false accusations of homophobia and racism.

  • April 29, 2024

    IBM Targets Rival For Reverse Engineering Code At Trial

    Computer giant IBM accused European rival LzLabs at the beginning of a nine-week trial Monday of violating its consumer agreement, saying the competitor's "reverse engineering" of some of its software is a breach of contract.

  • April 30, 2024

    CORRECTED: Marketing Boss Said LC&F Was A Legitimate Biz, Not A 'Rinse'

    The head of a marketing company who referred to London Capital & Finance as a "not a rinse" insisted he was not aware of an alleged Ponzi scheme as he gave evidence on Monday at the trial over the £237 million ($296 million) investment scandal. Correction: An earlier version of the story misstated the content of Careless' 2015 email exchange. The error has been corrected.

  • April 29, 2024

    Ex-Man City Player Benjamin Mendy Pays £710K Tax Debt

    Former Manchester City footballer Benjamin Mendy avoided bankruptcy on Monday after paying a £710,000 ($892,000) tax bill minutes before a court hearing to determine whether an order should be made.

  • April 29, 2024

    Nurse's Slave Trade Comment Claim Too Late, Tribunal Rules

    An employment tribunal has ruled that a clinical manager at a London hospice left it too late to bring a race harassment claim alleging a hospice doctor asked her why slaves were taken to America instead of England.

  • April 29, 2024

    BHP Offers $26B To Settle Brazil Dam Disaster Claims

    BHP's Brazilian subsidiary and its partners in a failed mine operation offered $25.7 billion in reparations on Monday for a 2015 environmental disaster in Brazil that killed 19 people, triggering one of the largest group claims in English legal history. 

  • April 29, 2024

    BT Unit Must Rehire, Pay £84K To Unfairly Axed Engineer

    A subsidiary of BT must have reinstated a fired engineer and paid him £83,800 ($105,000) by Monday after bosses unfairly cut him loose for allegedly bullying a colleague without hearing both sides of the story, a tribunal has ruled.

  • April 26, 2024

    Europeans Try To Ease Dispute Process In Canada Trade Pact

    The European Commission on Friday proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.

  • April 26, 2024

    ECJ OKs Later Limits For Borrowers Stuck With Unfair Contracts

    Consumers should not be time-barred from seeking repayment of costs stemming from unfair contract terms because they were unaware of the unfairness, but the clock should start ticking in the event of a court decision to that effect, the European Court of Justice ruled Thursday.

  • April 26, 2024

    NHS Trust Must Pay £74K, Apologize To COVID Whistleblower

    A National Health Service trust must pay £73,900 ($92,300) and apologize to one of its surgeons after punishing him for blowing the whistle on the risks of face-to-face appointments amid the COVID-19 pandemic, a tribunal has ruled.

  • April 26, 2024

    Vitol Sues Tanker Owner For £3M Over Contaminated Oil

    Dutch multinational commodity trader Vitol is suing Pisa Shipbuilding Corp. for over $3 million, alleging the shipowner failed to make its vessel "seaworthy," thus resulting in the contamination of approximately 3,697 metric tons of petroleum products.

  • April 26, 2024

    Coca-Cola Chews Up Greek Rival's 'Tsakiris' Snack TM

    A Coca-Cola subsidiary defeated a rival that wanted to register the trademark "Tsakiris" to sell cereal snacks, after a European court ruled that it would take unfair advantage of the soft drink giant's reputation in Greek potato chips.

  • May 03, 2024

    Ex-Mishcon Head Of Risk Joins Litigation Boutique

    Stokoe Partnership Solicitors has appointed Jarret Brown as its new head of compliance in a role he hopes is "going to be a little less frenetic" at a place with less "infrastructure to shift."

  • April 26, 2024

    Insurer Signs First Settlement Over Russia-Stranded Planes

    An aircraft lessor and an insurer have settled their fight over payouts for planes stranded in Russia after its invasion of Ukraine, the first agreement out of dozens of battles worth billions of dollars involving major insurers.

  • April 26, 2024

    Black Met Constable Wins £25K In Race Bias Claim

    An employment tribunal ordered the Metropolitan Police commissioner to pay £25,403 ($31,790) to a Black constable, after ruling that a sergeant had discriminated against him by remarking that he had stared "menacingly."

  • April 26, 2024

    Tourists Owed Compensation Over Northwest Passage Cruise

    A couple who sued over a disappointing Arctic cruise are entitled to compensation, a London appellate court ruled on Friday, rejecting a bid by Reader Offers Ltd. to overturn a ruling that found the travel company had breached a contract by changing the route of a cruise because of ice conditions.

  • April 26, 2024

    Sheikh Cleared Of €67M Damages Ruling Over Share Transfer

    An Arab tycoon does not have to pay €67 million ($72 million) in damages for transferring shares out of his company after liquidation because the creditors failed to establish any actual loss, an English appeals court ruled Friday.

Expert Analysis

  • 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.

  • UK Mozambique Ruling Will Have Int'l Ramifications

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    The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.

  • Recent Trends In European ESG-Related Shareholder Activism

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    New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.

  • Employer Due Diligence Lessons From Share Scheme Case

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    The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.

  • Construction Ruling Clarifies Key Payment Mechanism Issue

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    The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.

  • Key Findings From Law Commission Review Of Arbitration Act

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    The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.

  • Bitcoin Case Highlights Advanced Age Of UK's IP Law

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    An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.

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