Commercial Litigation UK

  • June 12, 2024

    BHS Ruling A 'Coup For Liquidators' Over Director Duties

    A landmark ruling that found two directors liable for the collapse of a U.K. retailer and ordered them to repay a chunk of the losses highlights the limited reliance that directors can place on professional advice and a lack of experience to avoid responsibility.

  • June 12, 2024

    Investors To Sue Betting Giant For £100M Over Bribery Probe

    Entain PLC, the owner of gambling businesses Ladbrokes and Coral, is set to face a £100 million ($128 million) legal battle from institutional investors who say Entain did not warn them about a prosecution over its alleged failure to prevent bribery in Turkey.

  • June 12, 2024

    Anheuser's TM 'Ultra' No More As EU Court Sides With Amstel

    Amstel on Wednesday was successful in persuading a European Union court to overturn a ruling that Anheuser-Busch's "Ultra" beer trademark is distinctive, proving that it's a generic term that does not merit protection.

  • June 12, 2024

    Sony Music Unit Sued By Label Over Viral TikTok Hit

    Sony Music unit Ministry of Sound Records has been hit with a copyright claim by a U.K. record label for releasing a version of artist Jay Sean's 2008 hit "Ride It" after a DJ's remake went viral on TikTok.

  • June 12, 2024

    Tour De France Loses Fight Against Gym's 'Tour De X' TM

    The organizer of the Tour de France cycle race lost its challenge against a German gym chain's "Tour de X" trademark Wednesday, after a European court ruled that many cycling competitions use the words "tour de."

  • June 12, 2024

    Gymbox Owner Takes Hit In Wage Spar With Ex-Trainer

    London's Gymbox chain must face claims that it owes a personal trainer unpaid wages after an employment tribunal found that the instructor wasn't self-employed during specific tasks, despite contracts indicating that he was.

  • June 12, 2024

    Automakers Safe From French Law In 'Dieselgate' Disclosure

    Vehicle manufacturers including Renault and Peugeot Citroen that face thousands of "dieselgate" claims for allegedly cheating car emission tests are not at any risk of criminal prosecution in France while disclosing evidence before trial in England, a London court has ruled.

  • June 12, 2024

    Argentina Loses Appeal Over €1.3B Payment In Bonds Dispute

    Argentina cannot avoid paying out €1.3 billion ($1.4 billion) to bondholders for wrongly adjusting the way it calculates yields for government securities as a London appeals court rejected on Wednesday its construction of a contractual dispute.

  • June 12, 2024

    Google's GPay TM Gets Declined In Europe

    Google lost its appeal on Wednesday after seeking to revive its "GPay" trademark for electronic payment services as a European court ruled that a Bulgarian rival had already cornered the digital market with "ePay."

  • June 12, 2024

    Female Marketer Unfairly Barred From Meeting Over Gender

    A wastewater company harassed its marketing director based on her sex by banning her from a meeting with a Japanese prospective buyer because of the East Asian country's perceived culture of eschewing women in such scenarios, a tribunal has ruled.

  • June 12, 2024

    Recruitment Agency Boss Wins Libel Appeal At Top UK Court

    A recruitment boss and her agency won an appeal against a former employee's libel claims on Wednesday as the highest U.K. court ruled that claimants cannot recover damages for injury to feelings if they do not also suffer financial loss.

  • June 11, 2024

    PC Gaming Giant Valve Faces £656M Action For Overcharging

    Valve Corp., owner of the world's largest video game distribution platform, Steam, has been hit with a proposed £656 million ($836 million) class action for allegedly overcharging 14 million PC gamers in the U.K., the digital rights campaigner filing the claim announced Wednesday.

  • June 11, 2024

    UniCredit Overturns $69M Plane Payment Sanctions Ruling

    UniCredit was entitled to withhold $69.3 million in payments to lessors for Russian planes because of sanctions, a London appellate court ruled Tuesday, partly overturning findings that it was not reasonable for the bank's U.K. branch to believe it could not make the payments. 

  • June 11, 2024

    KC Advised Post Office To Remove Judge From Horizon Trial

    A top barrister advised the Post Office to get a High Court judge to recuse himself from a trial dealing with wrongly prosecuted subpostmasters or else risk losing all litigation brought by the subpostmasters, the barrister recalled in an inquiry hearing Tuesday regarding the scandal.

  • June 11, 2024

    Lenovo Knocks Bid To 'Treble' Payment For SEPs

    Lenovo hit back at InterDigital's contentions that a landmark patent ruling underestimated what the Chinese company should pay to license its essential wireless technology patents, claiming that the bid to "essentially triple" the sum should be thrown out.

  • June 11, 2024

    Alaska Airlines Loses Fight To Dodge $160M Virgin Royalties

    Alaska Airlines lost its fight against Virgin on Tuesday to avoid paying $160 million in royalties, with a London appeals court ruling that the carrier still had to pay even if it did not use Virgin's branding.

  • June 11, 2024

    Tories Pledge To Tackle Court Backlog, Carry On Rwanda Plan

    The Conservative Party announced a slew of justice plans on Tuesday to cut the criminal court backlog, support third-party litigation funding and abandon international human rights commitments, if necessary, to pursue its Rwanda migrants policy.

  • June 11, 2024

    Surgeon Fights To Overturn Loss In Race Discrimination Case

    A surgeon urged the Court of Appeal on Tuesday to revive his race discrimination claim against the medical profession's regulator, arguing that an appellate tribunal was wrong to find that an investigation into him was not racially motivated.

  • June 11, 2024

    Deutsche Bank Trader Fights For Compensation 'Assurances'

    Deutsche Bank executives gave "assurances" about compensation that the lender must now abide by, a former trader told the High Court in London on Tuesday as she sued for breach of contract.

  • June 11, 2024

    Serco Denies Directors Knew Of Fraud In Securities Trial

    Serco Group PLC denied investors are entitled to compensation over a fraud that caused the outsourcing giant's share price to nosedive, arguing on the second day of a London trial Tuesday that none of its directors had known about the alleged wrongdoing.

  • June 11, 2024

    Tesco Loses Race Bias Claim Over Vibrator Joke Gift

    Tesco discriminated against a British Pakistani manager by rushing through a misconduct investigation after the manager gave a vibrator as a secret Santa gift and other allegedly harassing incidents, an employment tribunal has ruled.

  • June 11, 2024

    Widow Who Signed Docs 'Without Reading' Still Owes $64M

    A London appellate court has ruled that a former Hong Kong resident can't escape a personal guarantee to pay 500 million Hong Kong dollars ($64 million) to cover bonds issued by her husband's company, in part because she entered the contract for business purposes.

  • June 11, 2024

    Royal Mail Accused Of Monopoly In Address Database Dispute

    A software developer has hit back at Royal Mail's copyright infringement claim, accusing the postal service of holding a monopoly over the market for address searching software in the U.K.

  • June 11, 2024

    NHS Board Discriminated Against 'Antivaxxer' Sonographer

    A National Health Service board harassed a sonographer and discriminated against her after her inability to wear a face mask during the COVID pandemic led bosses to label her an "antivaxxer," a tribunal has ruled.

  • June 11, 2024

    LC&F Administrators Attack Ex-Boss' Credibility In Ponzi Case

    The administrators of London Capital & Finance PLC have criticized the company's former head as a "thoroughly unreliable witness" as they closed their case that he and others operated the business as a £237 million ($302 million) Ponzi scheme.

Expert Analysis

  • Appeal Ruling Clarifies 3rd-Party Contract Breach Liability

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    The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.

  • CPR Proposal Affirms The Emphasis On Early Mediation

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    While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.

  • How Law Firms Can Handle Challenges Of Mass Claims

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    With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Insurance Ruling Stresses High Hurdle To Fix Policy Wording

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    In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.

  • Taking Stock Of Changes UK Economic Crime Act Will Bring

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    With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.

  • Sanctions Ruling Opens Door For Enforcer To Clear Up Rules

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    In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.

  • How Gov't Response Addresses Investment Act Concerns

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    The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • How Generative AI Can Enhance Disclosure Review Processes

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    As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

  • Experian Ruling Helps Cos. Navigate GDPR Transparency

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    In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.

  • Salvaging The Investor-State Arbitration System's Legitimacy

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    Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.

  • UK Trademark Law May Further Diverge From EU Standards

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    The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

  • Clarity Is Central Theme In FCA's Greenwashing Guidance

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    Recent Financial Conduct Authority guidance for complying with the U.K. regulator's anti-greenwashing rule sends an overarching message that sustainability claims must be clear, accurate and capable of being substantiated, say lawyers at Cadwalader.

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