Commercial Litigation UK

  • April 22, 2024

    Pfizer, Moderna Set To Tee Off Over COVID-19 Vaccine Patents

    A London court is poised to consider Tuesday whether Pfizer infringed patents that Moderna initially pledged to not enforce, marking the first time a court has weighed in on the topic.

  • April 22, 2024

    Trader Behind £1.4B Tax Fraud Thought Trades Were Valid

    A British trader accused of being the mastermind of a fraudulent trading scheme that cost Denmark's tax authority £1.4 billion ($1.7 billion) genuinely believed that the trades worked, his lawyer told a London court on Monday.

  • April 22, 2024

    Med Tech Founder Denies Deceiving Investors For $20M Sale

    The co-founder of a medical technology business has denied concealing his financial interest in a $20 million deal to purchase shares in his company, claiming he was never told it was important to reveal the seller's identity to the investment company.

  • April 22, 2024

    Abbott Says Rival Can Make Diabetes Tech Without TM Shape

    An Abbott Laboratories unit is defending a 3D trademark it owns over its continuous glucose monitoring devices, arguing that it is the only company offering a device in that distinctive circular shape despite Sinocare Inc. and other rivals' arguments to the contrary.

  • April 22, 2024

    Commerzbank Did Not Pay Analyst Less Due To His Gender

    Commerzbank did not pay an axed compliance analyst a lower salary than his female colleagues based on his sex, a London tribunal has held, ruling that the bank based its pay offers on salary expectations among other benchmarking factors.

  • April 22, 2024

    Ex-Axiom Ince Chief Faces Bankruptcy Petition

    The former head of collapsed Axiom Ince Ltd. is facing a bankruptcy petition after being accused of misappropriating almost £65 million ($80.3 million) to fund the acquisition of Ince Group PLC and property purchases.

  • April 22, 2024

    Seafarer Can't Sue Global Shipping Business In The UK

    A subsidiary of Swedish shipping company Stena AB has convinced an appellate judge that an employment tribunal must reconsider whether one of its former seafarers can sue the company in the U.K.

  • April 22, 2024

    NCA Investigator Sues Over Sexual Misconduct Sacking

    A former National Crime Agency investigator told a tribunal on Monday that the law enforcement body unfairly sacked him over allegations that he inappropriately touched female colleagues and a member of the public at a Christmas party.

  • April 22, 2024

    CMA Wins Battle Over Home Search Warrants In Cartel Probe

    The competition watchdog won a legal battle at a London court on Monday after a tribunal refused to grant it a domestic search warrant as it carried out a cartel investigation.

  • April 22, 2024

    Grindr Faces Class Action Over HIV Data Breach

    Dating app Grindr was hit on Monday with a group claim in London brought by potentially thousands of users who allege that the platform misused information about their HIV status and the latest date they were tested, the law firm leading the action has said.

  • April 22, 2024

    Law Firm Forced Staffer To Quit Amid Quarrel With Partner

    A law firm unfairly pushed a member of staff to quit by stripping her of a vital part of her role soon after she complained about the hostile conduct of one of the partners, a tribunal has ruled.

  • April 19, 2024

    Norwegian Investor Wins $101M Award In Shipyard Dispute

    A subsidiary of a Norwegian oil services investment company has won an arbitral award of approximately $101 million from the Singapore International Arbitration Centre in its dispute with a shipyard over four drilling rig unit contracts, according to the company.

  • April 19, 2024

    Reed Smith Can't Escape £21M Suit Says Shipping Co.

    A United Arab Emirates shipping company suing Reed Smith LLP for £21 million ($26.1 million) has accused the law firm of "surreptitiously" telling Barclays Bank that the shipping company was sanctioned by the U.S. resulting in its funds being frozen.

  • April 19, 2024

    SRA Calls For Law Firms To Step Up Checks On Third Parties

    Half of law firms have changed working practices to avoid getting instructed in meritless lawsuits that gag negative publicity, but they still need more checks and balances in place when they work with third parties on reputation management claims, the Solicitors Regulation Authority said Friday.

  • April 19, 2024

    Post Office Lawyer Denies Aggressive Litigation Tactics

    A top Post Office lawyer denied that his team had a strategy of fighting off at all costs a civil action brought by wrongly prosecuted sub-postmasters in order to stave off criminal appeals, as he testified Friday at the public inquiry into the scandal.

  • April 19, 2024

    Verifone Gets Manager's Victimization Claim Tossed

    Electronic payment tech company Verifone convinced an appellate judge Thursday to overturn an employment tribunal's ruling that it victimized a senior manager when it denied her the chance to appeal her dismissal.

  • April 19, 2024

    Royal Mail Accuses Developer Of Copying Postcode Database

    Royal Mail has accused a software developer of using its database of postcode information to set up its own address-finding company.

  • April 19, 2024

    Muslim Worker Voted 'Grinch' Loses Discrimination Claim

    A learning support assistant lost his discrimination claim against his employer, with the Employment Tribunal finding that the decision to give him a "Grinch" award during Christmas season was not linked to his being Muslim and did not celebrate Christmas.

  • April 19, 2024

    Sudan Granted Two-Year Grace Period In £1.5B Debt Row

    Long-standing creditors of Sudan were granted a two-year stay of their claim against the nation on Friday, with a London judge agreeing with the creditors that the country should be given time to stabilize its financial situation in the wake of political turmoil.

  • April 19, 2024

    BA Staff Get Fresh Shot At Holiday Pay Claim After Agnew

    British Airways and six of its staff have both won appeals over how their holiday pay was calculated, as a judge ruled on Friday that the years-long case must be reheard following a 2023 U.K. Supreme Court decision.

  • April 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 19, 2024

    Grant Settlement Proves Pull Of Offer That Can't Be Refused

    Hugh Grant's decision to settle his case against News Group to avoid the "most likely" outcome of paying millions in legal fees even if he won demonstrates the effectiveness of a common cost-saving legal mechanism despite criticism the media giant is being allowed to avoid scrutiny.

  • April 19, 2024

    Prince Harry Beats Tabloid's Bid To Push Back Privacy Trial

    Prince Harry and others suing the U.K. arm of Rupert Murdoch's media empire won their battle to avoid a preliminary trial on whether their claims were brought too late after a judge refused Friday to push the case back, ruling the main trial should go ahead as planned. 

  • April 18, 2024

    Ex-Autonomy CEO Wanted Whistleblower Fired, Ex-GC Says

    Former Autonomy CEO Michael Lynch thought a finance department whistleblower was "trying to destroy the company" and wanted him fired, the software company's former U.S. general counsel testified Thursday in a criminal fraud trial over claims Lynch conned HP into buying the British company at an inflated price of $11.7 billion.

  • April 18, 2024

    EU Antitrust Chief Says Merger Tool Not A 'Power Grab'

    The European Commission's top competition enforcer said Thursday the agency has taken a measured approach to using its newly asserted power to review mergers that fall short of local thresholds, as the European trading bloc's high court mulls a challenge of that authority from DNA sequencing company Illumina.

Expert Analysis

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Unpacking The Law Commission's Digital Assets Consultation

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    The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.

  • 1st Appellate Ruling On Digital Terms Sets Tone For Disputes

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    The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.

  • 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.

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