Commercial Litigation UK

  • April 10, 2024

    No Merit To Autonomy Whistleblower Claims, Auditor Says

    A Deloitte partner testifying in a California criminal trial over claims that former Autonomy CEO Michael Lynch and finance director Stephen Chamberlain duped HP into buying the British tech company for $11.7 billion said Wednesday that auditors concluded that whistleblower allegations by a finance department executive were meritless.

  • April 10, 2024

    Spain To Face Claim Over Nixed Uranium Processing Plant

    Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.

  • April 10, 2024

    Lights Out For Solar Panel Company's Battle To Revive Design

    Singapore-based solar panel maker Maxeon Solar Pte. Ltd. lost its fight to revive its invalidated panel design Wednesday, with a European Union court ruling that the appearance of its device "lacked individual character."

  • April 10, 2024

    Former Judge Says Post Office Prosecutions Made No Sense

    A former senior judge who oversaw a mediation scheme between the Post Office and people it wrongly prosecuted based on faulty IT data said the organization's case "didn't make sense," as he gave evidence to the inquiry into the scandal on Wednesday.

  • April 10, 2024

    Medical Device Maker Bids To Stop Rival Selling Product

    A Chinese medical device maker urged a London court Wednesday to prevent a U.K. rival from selling its product until the end of its patent infringement claim, arguing that the medical device supplier might undercut its prices.

  • April 10, 2024

    Italian Airline Chairman Sued For €50M Over Joint Venture

    The chairman of Aeroitalia SRL has allegedly blocked aviation magnate German Efromovich from controlling the startup Italian airline by refusing to hand over his majority stake in the project, according to a new London claim seeking €50 million ($54 million).

  • April 10, 2024

    Ex-Footballer Sues HSBC For £2M Loan Negligence

    Former professional soccer player Matthew Jansen has claimed HSBC lost him almost £2 million ($2.5 million) during the 2008 financial crisis by allegedly failing to monitor the risk of loans secured against properties.

  • April 10, 2024

    EU Court Revives German Kitchen Biz's 'MH Cuisines' TM Hopes

    A German kitchen specialist can proceed to registering its "MH Cuisines" trademark after persuading a European Union court on Wednesday to overturn an earlier ruling that consumers could confuse the sign with a rival's "MM Cuisines" logo.

  • April 10, 2024

    Author 'Blacklisted' For Anti-Trans Views Loses Status Appeal

    An author whose contract was canceled after she expressed anti-transgender views online cannot revive her discrimination case, as an appeals court dismissed her claim that she was legally employed by her publisher.

  • April 10, 2024

    Door Handle Maker Grips Design Victory On Appeal

    A Czech manufacturer won its appeal Wednesday to reinstate design protections for a door handle after a European court ruled that differences in the angles of the grip and neck were significant enough to merit protection.

  • April 10, 2024

    EUIPO Wrongly Skimmed Dairy Biz's 'Rebell' TM, Court Says

    A European Union court has restored a dairy company's "Rebell" protection, ruling on Wednesday that intellectual property officials failed to explain why they narrowed the scope of the trademark for lack of use amid a beef company's protests.

  • April 10, 2024

    Chelsea FC Unfairly Booted Staffer Amid Assault 'Cover-Up'

    Chelsea Football Club unfairly fired a groundsman after he appeared to send 1,600 anonymous emails claiming the club covered up a colleague's alleged assault of the groundsman, a tribunal has held, but it declined to award him damages after ruling he was behind the emails.

  • April 10, 2024

    EU Bank Rescue Agency Overcharged Institutions By €3.7B

    A European Union court ruled Wednesday that the eurozone's rescue agency for financial institutions overcharged for contributions to its safety net fund by almost €3.7 billion ($4 billion) but has given the authority at least six months until it has to repay.

  • April 09, 2024

    'You're Going To Lose These People,' Judge Tells Lynch Atty

    U.S. District Judge Charles Breyer on Tuesday chided a Steptoe partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial, saying that his hourslong questioning of a Deloitte partner shouldn't go on much longer, or "you're going to lose these people."

  • April 09, 2024

    UK Court Affirms Sweet VAT Ruling For Jumbo Marshmallows

    Jumbo-size marshmallows are not candy like regular marshmallows because they're meant to be roasted, so they qualify for a value-added tax exemption for food, the U.K. Upper Tribunal ruled in upholding a lower court's findings.

  • April 09, 2024

    BCLP Says It Had No Obligation To Man's Family In Tax Fight

    Global law firm Bryan Cave Leighton Paisner was under contract to represent only a family's patriarch and thus shouldn't be liable for taxes resulting from advising him to transfer £242 million ($307 million) in assets to his wife, then to his sons, the firm told a London court.

  • April 09, 2024

    Tory Donor Wins First Defamation Fight Against BBC

    Telecoms magnate and Conservative Party donor Mohamed Amersi won the first hurdle in his defamation battle against the BBC on Tuesday when the High Court ruled that BBC reports suggested to the public there were strong grounds to suspect that he had been involved in corruption and bribery scandals.

  • April 09, 2024

    NHS Failed In Adjusting Schedule For Nurse With Crohn's

    Scotland's phone healthcare service has been ordered by a Glasgow tribunal to pay £22,277 in compensation to a nurse for failing to make reasonable adjustments for her Crohn's disease by allowing her to work only night shifts.

  • April 09, 2024

    Ex-Employee Says Post Office Fought Exoneration Efforts

    A former subpostmaster who led a fight to exonerate innocent people prosecuted by the Post Office and wrongly convicted of fraud, theft and false accounting — based on faulty IT data — said the organization was determined to "protect the brand at all costs," as the inquiry into the scandal resumed Tuesday.

  • April 09, 2024

    Chinese Co. Wants To Nix Abbott's 3D TM For Diabetes Tech

    A group of Chinese companies hit back at Abbott's claims that they copied a 3D trademark for a continuous glucose monitoring device, arguing that the product's features shouldn't be protected in the first place.

  • April 09, 2024

    Canine Toilet Biz City Doggo Bites Back At Rival's TM Claim

    A company that makes grass toilets for dogs has hit back at its competitor, after the rival business accused it of ripping off its natural pee patch featured on the BBC TV show "Dragons' Den."

  • April 09, 2024

    Apple To Appeal Funding OK For IPhone Users' £853M Claim

    Apple has won permission to appeal a decision to let an £853 million ($1 billion) class action claim go ahead for allegations the tech giant concealed problems with iPhone batteries, despite challenges to the funding arrangements.

  • April 09, 2024

    Kigen, Thales Settle Dispute Over SIM Card Standard Patent

    A U.K. tech company and a subsidiary of French electronic giant Thales Group have settled their dispute over fair licensing terms for standard-essential technology used to remotely activate SIM cards in mobile phones.

  • April 09, 2024

    Medical Device Maker Fights Kidney Stone Tech Patent Claim

    A U.K. medical device maker has denied that its bladder stone-removing technology infringes a Chinese rival's patent for a similar-looking product, saying it will continue to put its devices on the market.

  • April 09, 2024

    Climate Inaction Violates Human Rights Law, ECHR Rules

    The European Court of Human Rights found on Tuesday that the Swiss government was at fault over failures to tackle global warming, one of three major decisions on climate change that could affect litigation in the future.

Expert Analysis

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • How Employers Should Respond To Flexible Work Requests

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    U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

  • What COVID Payout Ruling Means For Lockdown Loss Claims

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    While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Opinion

    PACCAR Should Be 1st Step To Regulating Litigation Funders

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    Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • In Int'l Arbitration Agreements, Be Clear About Governing Law

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    A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.

  • Risks The Judiciary Needs To Be Aware Of When Using AI

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    Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.

  • Post Office Scandal Stresses Key Directors Duties Lessons

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    The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.

  • Employer Tips For Handling Data Subject Access Requests

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    As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.

  • Top Court Hire Car Ruling Affects 3rd-Party Negligence Cases

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    The U.K. Supreme Court's recent decision in Armstead v. Royal & Sun Alliance, finding that an insurer was responsible for lost car rental income after an accident, has significant implications for arguing economic loss and determining burden of proof in third-party negligence cases that trigger contractual liabilities, say lawyers at Macfarlanes.

  • Bribery Class Action Ruling May Revive Bifurcated Processes

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    The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.

  • Ocado Appeal Outcome Will Gauge UPC Transparency

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    As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.

  • The Good, The Bad And The New Of The UK Sanctions Regime

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    Almost six years after the Sanctions and Money Laundering Act was introduced, the U.K. government has published a strategy paper that outlines its focus points and unveils potential changes to the regime, such as a new humanitarian exception for financial sanctions, highlighting the rapid transformation of the U.K. sanctions landscape, says Josef Rybacki at WilmerHale.

  • Unpacking The Building Safety Act's Industry Overhaul

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    Recent updates to the Building Safety Act introduce a new principal designer role and longer limitation periods for defects claims, ushering in new compliance challenges for construction industry stakeholders to navigate, as well as a need to affirm that their insurance arrangements provide adequate protection, say Zoe Eastell and Zack Gould-Wilson at RPC.

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