Commercial Litigation UK

  • 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.

  • March 27, 2024

    Skyscanner Stands Firm In TM Infringement Feud With Rival

    Skyscanner Ltd. has doubled down on its claim that rival travel agency Loveholidays infringed its trademark by adopting a similar logo, while also refuting its competitor's claim that the imitation was actually the other way around.

  • March 27, 2024

    Jaguar, Land Rover Owners Bring New 'Dieselgate' Action

    More than 3,000 owners of Jaguar and Land Rover diesel vehicles have launched legal claims against the manufacturer, dealerships and auto finance companies, alleging that their cars were fitted with defective exhaust filters, the law firm steering the action said Wednesday.

  • March 27, 2024

    SFO Loses Bid To Delay £1B Damages Trial Over ENRC Leaks

    A judge refused to grant the Serious Fraud Office permission on Wednesday to challenge his findings that its officers encouraged a former Dechert LLP partner to divulge confidential information about ENRC.

  • March 27, 2024

    Uber Settles Racist AI Accusations With Driver

    An Uber Eats driver has won a payout after alleging that facial recognition features on the app were discriminating against his darker skin tone and preventing him from getting work, according to Britain's equality watchdog.

  • March 26, 2024

    UAE Fund Must Pay £7M As Judge Tosses Azima Fraud Ruling

    A London judge has ordered a sovereign wealth fund to make an initial £7.6 million ($9.6 million) payment to Farhad Azima, ending a lengthy feud involving allegations the fund fraudulently obtained a $4 million judgment against the aviation tycoon with help from a lawyer at Dechert LLP.

  • March 26, 2024

    Ex-Travel Exec Partially Wins Appeal Over Sexual Comments

    An appellate judge ruled Monday that an employment tribunal was wrong to draw conclusions about sexual harassment allegations against the former head of PR at a travel and tourism trade body when assessing his claims for unfair dismissal and whistleblowing.

  • March 26, 2024

    Lawyer Can't Charge For Executor Fees, Appeals Court Finds

    The Court of Appeal on Tuesday dismissed Shepherd & Co. Solicitors' argument that one of its partners should be paid for his work as the executor of an estate despite the absence of a charging clause in the will, because an inactive executor had not provided written consent to him being paid.

  • March 26, 2024

    Clyde & Co. Eyes Case Against Switzerland Over Credit Suisse

    Clyde & Co. LLP said it is currently soliciting claimants for a possible mass claim to be filed against Switzerland a year after the country forced a distressed sale of Credit Suisse to UBS along with a write-down of $17.5 billion of the bank's bonds to zero.

  • March 26, 2024

    Ex-Director Can't Get 'Rare And Unusual' Dismissal Changed

    An IT consulting business was right to fire a director without warning after their professional relationship irretrievably broke down, and made even the right to appeal a "futile" exercise, an appellate panel has ruled.

  • March 26, 2024

    Abbott Sues Over 3D TM Infringement Of Diabetes Device

    Abbott Diabetes has sued several companies for selling a Chinese-made glucose monitoring device with signs that allegedly look "identical" to the ones on its product.

  • March 26, 2024

    Ex-Museum Curator Ordered To Return Alleged Stolen Items

    A former British Museum curator accused of stealing over 1,800 artifacts to sell on eBay was ordered on Tuesday to hand over the items he still has and provide information about those he has sold.

  • March 26, 2024

    PACCAR Reforms Pushed Through At Consumers' Expense

    Draft legislation aimed at reversing a Supreme Court ruling that upended the financing of class actions has been well-received by litigation-funders, but critics say the government has steamed ahead at the expense of consumers.

  • March 26, 2024

    Ex-Dentons Saudi Chief Sues For $2.6M Of Withheld Pay

    Dentons' former Saudi Arabia managing partner is suing the firm for more than $2.6 million in a London court, alleging that it deprived him of pay after dismissing him for no good reason.

Expert Analysis

  • 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.

  • 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.

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