Commercial Litigation UK

  • May 17, 2024

    Translation Lecturer At SOAS Loses Race Discrimination Case

    A professor has lost her claim for racial discrimination and harassment against her London university, as a tribunal found that a colleague speaking with her about a Japanese restaurant was not being detrimental and that the exchange did not constitute discrimination.

  • May 16, 2024

    Post Office's Ex-IT Head Says She Blocked Ex-CEO Requests

    The Post Office's former head of information technology said she blocked phone communication from former chief executive Paula Vennells after Vennells contacted her for help to "avoid an independent inquiry" into the wrongful prosecutions of sub-postmasters, according to a document made public in the probe Thursday.

  • May 16, 2024

    Tesco Warehouse Staff Lose 'Hopeless' Claims Against Union

    A trade union successfully struck out negligence and breach of duty claims brought against it by two Tesco warehouse workers over a preceding collective agreement, after a London court ruled that they had "no real prospect of succeeding."

  • May 16, 2024

    Bayer Fights To Overturn Xarelto Blood Thinner Patent Loss

    Pharma giant Bayer AG took its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto to the Court of Appeal on Thursday, saying the lower court was wrong to nix the patent and that it does contain an important inventive step.

  • May 16, 2024

    TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs

    A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.

  • May 16, 2024

    NCA Says Uyghur Cotton Probe Would Soon Unravel

    The National Crime Agency defended on Thursday its decision to refuse to investigate imported cotton produced in a Chinese province with forced labor, telling an appeals court that it would be kneecapped by the difficulty of separating legal goods from criminal property.

  • May 16, 2024

    No Docs Due To 6,000 Tesco Workers In Equal Pay Case

    Thousands of Tesco workers lost their appeal on Thursday for correspondence between the supermarket and other equal pay claimants.

  • May 16, 2024

    Russian Wealth Fund Fails To Curb EU Sanctions

    The European Union's General Court has upheld sanctions against a Russian sovereign wealth fund, ruling it is the "archetypal" company for attracting international investors who sustain the country's war in Ukraine.

  • May 16, 2024

    M&G Accounts Manager Wins £13K Over Resignation Dispute

    An accounts manager at M&G PLC has won more than £13,000 ($16,500) after an employment tribunal found that the company wrongly refused to let him see out his 12-week notice period while on garden leave.

  • May 16, 2024

    EUIPO Didn't Deny Fair Hearing To TM Opponent, Court Says

    An industrial technology company has survived a challenge to its "UC" trademark hopes as an opponent failed to persuade a European Union court that officials had failed to handle his case fairly in earlier proceedings.

  • May 15, 2024

    800 Drivers Join Minimum Wage Claim Against Used Car Biz

    More than 800 drivers have joined the legal battle against a secondhand car dealer to be classified as "workers," in a bid for minimum wage and paid holidays, the law firm steering the action said on Thursday.

  • May 15, 2024

    Justices Mull What Defines A Computer In AI Appeal

    A London appeals court grappled Wednesday with what exactly constitutes a "computer" under patent law, as counsel for an AI company attempted to convince the courts to let be a ruling that held its AI invention is neither a computer nor a program, and therefore patentable.

  • May 15, 2024

    AbbVie Unit Protects 'Juvéderm' Cosmetics TM At EU Court

    An AbbVie unit on Wednesday fought off a challenge to its "Juvéderm" trademark at a European Union court, convincing officials that it did not monopolize the dermal filler brand in bad faith to capitalize on its opponent's earlier use of the brand name in Lebanon.

  • May 15, 2024

    Uyghur Group Fights To Revive Bid For Chinese Cotton Probe

    Campaigners for the Uyghurs told an appellate court Wednesday that Britain was wrong to refuse to launch a broad investigation into imported cotton produced in China with forced labor rather than specific shipments, arguing that the decision could create a market for criminal property.

  • May 15, 2024

    Food Supplier's £1.1M Suit Alleges Ex-Director Inflated Price

    A food product company has alleged its former director owes it over £1.1 million ($1.4 million) for devising a scheme to artificially inflate suppliers' costs and pocketing the difference between the real price.

  • May 15, 2024

    Crypto 'Academy' Closed After Probe Into False Assurances

    A cryptocurrency firm that "recklessly" persuaded customers to put money into investment plans has been wound up after the government's insolvency agency found that the company had given false assurances and traded without regulatory approval.

  • May 15, 2024

    Ex-Candey Partner Did Not Think Client Funds Were Criminal

    A former Candey partner who is accused of not adequately checking the source of almost £24 million ($30 million) in client funds earmarked for a property purchase told a tribunal on Wednesday that he did not believe the money was the proceeds of crime.

  • May 15, 2024

    Fired Judge Loses Appeal Over Deleting Data During Probe

    A former judge who was removed from office for deleting data relevant to a police investigation had his bid to appeal his dismissal rejected by the High Court on Wednesday as a judge ruled that his removal from the bench was "clearly justified."

  • May 15, 2024

    Ex-RFB Partner Claims Ouster By Firm's 'Bullying' Boss

    The former head of employment at Ronald Fletcher Baker LLP has sued the firm, claiming that he was unfairly demoted and exposed to what he alleges was the "constant bullying treatment of staff" by the managing partner Rakeebah Rahim.

  • May 15, 2024

    Sanctions Give Shipper Force Majeure Escape From Contract

    Britain's highest court ruled Wednesday that a shipowner should not be forced to vary the payment terms of a freight contract to overcome a potential force majeure event amid concerns about U.S. sanctions.

  • May 15, 2024

    Fashion Execs Not Liable For TM Infringement, Justices Say

    Two executives of a defunct fashion company are not legally responsible for causing their business to commit trademark infringement, Britain's highest court ruled Wednesday, making them exempt from paying back profits from their alleged wrongdoing.

  • May 14, 2024

    Autonomy Overstated Revenue Before HP Sale, Jury Hears

    Autonomy's reported revenue was overstated by a combined $300 million in the two-and-a-half years before HP acquired it, an accounting expert testified Tuesday in a California criminal trial over claims that Autonomy founder Michael Lynch duped HP into buying his software company for an inflated $11.7 billion price.

  • May 14, 2024

    Communications Panel Seeks Stiffer Fines On SLAPP Suits

    The chair of a House of Lords committee on Tuesday urged the government to increase the Solicitors Regulation Authority's fining powers to crack down on litigation designed to silence reporting about wealthy and powerful individuals.

  • May 14, 2024

    Appeals Court Urged To Rule Neural Network Is Not Patentable

    Counsel for the U.K.'s patent authority urged an appeals court to overturn a decision that held a company's recommendation technology could be patented, in a much anticipated appeal that looks to set the groundwork for the scope of protection for "artificial intelligence"-related technology.

  • May 14, 2024

    Zen Internet CEO's Dismissal Was Unfair But Certain

    Zen Internet unfairly dismissed its former chief executive after the company failed to properly investigate concerns that he was failing to turn a profit, an employment tribunal has ruled.

Expert Analysis

  • How Russia Sanctions May Complicate Contract Obligations

    Author Photo

    Against the backdrop of recent comprehensive sanctions against Russia and Belarus, a review of recent U.K. case law clarifies that certain force majeure clauses likely cover trade sanctions, and that future litigation will further develop the scope of force majeure and frustration in the context of sanctions, says Frances Jenkins at Quillon Law.

  • New Guidance Offers Clarity For Charities On ESG Investing

    Author Photo

    The need for charities to understand investing in line with environmental, social and governance aspirations has never been more pressing, and recently updated U.K. Charity Commission guidance should give trustees confidence to make decisions that are right for their organization, says Robert Nieri at Shoosmiths.

  • Taking Stock Of Company Climate Duties After ClientEarth

    Author Photo

    Despite the High Court's recent dismissal of ClientEarth v. Shell, the case nonetheless has key consequences for companies that are susceptible to being targeted by nonprofit activists as environmental, social and corporate governance lawfare continues, says Dan Harris at Chancery Advisors.

  • Copyright Cheat Sheet: Finding Substantially Similar Songs

    Author Photo

    Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.

  • Lessons On Cricket Patent History And IP Protection At UPC

    Author Photo

    On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.

  • FCA Case Failures Highlight Value Of Robust Investigation

    Author Photo

    The recent U.K. upper tribunal judgment in Seiler, Whitestone and Raitzin v. The Financial Conduct Authority, criticizing the regulator for accepting a narrative advanced by the firm, makes clear that such admissions must not get in the way of a proper investigation to enable agencies to target the correct individuals, say Tom Bushnell and Olivia Dwan at Hickman & Rose.

  • Reputation Management Lessons From Spacey Case

    Author Photo

    While a U.K. jury recently acquitted actor Kevin Spacey of sexual assault charges, his reputation has been harmed, illustrating the importance for lawyers to balance a client's right to privacy with media engagement throughout the criminal process, says Jessica Welch at Simkins.

  • Factors To Consider In Protecting Software With Trade Secrets

    Author Photo

    With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.

  • What ClientEarth Ruling Means For Shareholder Climate Suits

    Author Photo

    The High Court recently confirmed its earlier decision in ClientEarth v. Shell, illustrating that environmental groups seeking to bring a derivative action against corporate directors' strategic decision making may find it challenging to obtain admissible evidence to establish a prima facie case of a breach, say lawyers at Herbert Smith.

  • Directors Should Beware Reinvigorated UK Insolvency Service

    Author Photo

    The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.

  • EU Privacy Plan Finally Resolves Data Transfer Woes

    Author Photo

    Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.

  • The New Accountability Landscape For Financial Regulators

    Author Photo

    The preliminary-stage success of a group of U.K. lawmakers in a case against the Financial Conduct Authority highlights the significant hurdles for review of regulatory actions, but the Financial Services and Markets Act 2023 creates additional visibility into the regulators' decision making, which may lead to an increase in judicial review activity, say attorneys at Cleary.

  • Director Responsibilities Amid Russian Asset Seizures

    Author Photo

    Following Russia's recent takeover of several companies, shareholders may argue that directors failed to properly guard the companies' assets and choose to bring derivative claims or unfair prejudice petitions, say lawyers at Collyer Bristow.

  • Investors Should Prepare For Possible EU Energy Treaty Exit

    Author Photo

    Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.

  • What Trustees Must Know About Virgin Media Pension Case

    Author Photo

    The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Litigation UK archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!