Commercial Litigation UK

  • April 18, 2024

    Pawn Shop Owes VAT On Auction Sales, EU Court Says

    A Portuguese pawn shop must pay value-added taxes of €308,000 ($327,000) from sales commissions of auctioned items because the auction is not part of the exempt loan, the Court of Justice of the European Union said Thursday.

  • April 18, 2024

    Ericsson Can't Push Lenovo's FRAND Claim Out Of UK

    Swedish telecom Ericsson has failed to force Lenovo's claim over patent licensing terms out of the U.K., as a London judge on Thursday concluded that the English courts are "clearly the most appropriate" forum for the Chinese multinational's case.

  • April 18, 2024

    Law Firm Can't Block Investors From Group Negligence Claim

    Williams & Co. Solicitors cannot block 134 property investors from bringing a joint negligence claim over failed property development projects because U.K. laws say "in plain English" that multiple parties can join a claim, a London appeals court ruled Thursday.

  • April 18, 2024

    Police Inspector Can Relaunch Her Equal Pay Fight

    A female police inspector has won the chance to relaunch her equal pay battle against London's police force, with an appeal tribunal ruling Thursday that she had an arguable case that the force's part-time pay scheme discriminated against women.

  • April 18, 2024

    Dexcom Asks EU Court To Toss Abbott Med Tech Patent

    Medical device maker Dexcom Inc. has asked Europe's patent court to revoke Abbott Diabetes Care Inc.'s patent for glucose monitor screens, firing back at its rival in a sprawling international battle over the technology.

  • April 18, 2024

    Insurers Face Appeal Over Refusal To Cover Bribery Loss

    A holding company took its fight for an insurance payout to the Court of Appeal on Thursday, urging justices to force its insurers to cover its claim for losses it sustained when its acquisition of a construction contractor went south due to bribery and corruption allegations.

  • April 18, 2024

    Womble Bond Told Post Office To Withhold Docs From Court

    Womble Bond Dickinson advised the Post Office to "suppress" key documents from the court "for as long as possible" in a case brought by wrongly prosecuted sub-postmasters, according to correspondence disclosed at the inquiry into the scandal Thursday.

  • April 18, 2024

    Negligence Claims Against Law Firm May Go To Trial

    A London court has ordered 35 investors to clarify their claims against a law firm that they say failed to properly advise them on the risks of sinking an estimated £2.7 million ($3.4 million) into a "worthless" property development.

  • April 18, 2024

    Monex Unit And Drug Co. Settle £19M Contract Dispute

    An Indian drugmaker has settled its £19.4 million ($24.1 million) claim against a unit of foreign exchange giant Monex, alleging it unfairly canceled currency exchange contracts with "no basis."

  • April 18, 2024

    Head Of Chambers Accused Of Bullying By Expelled Barrister

    A barrister told an employment tribunal on Thursday that the head of an English criminal chambers put him through "absolute hell" by bullying him and trying to end his career before expelling him from the chambers.

  • April 18, 2024

    Slater And Gordon Wins Bid To Rebut Ex-Analyst's Appeal

    Slater and Gordon won permission on Thursday to challenge a former costs analyst's appeal that he was harassed for having mental illnesses after arguing that a lower tribunal's ruling suggests the accused individuals didn't know enough about his condition to have done so. 

  • April 17, 2024

    Ex-JPMorgan Analyst Liked 'Winding Up' Autonomy CEO, Jury Told

    A former JPMorgan stock analyst testifying Wednesday in the criminal fraud trial of former Autonomy CEO Michael Lynch said that he "took pleasure in winding up Lynch" and once even used a Hitler analogy to describe his performance, but said his critical coverage was never personal.

  • April 17, 2024

    Firefighter, Doctor Unions Lose Appeal Over Pensions Swap

    Trade unions representing firefighters and doctors lost an appeal Wednesday to help their members recover losses resulting from a change to pension plan rules after justices concluded that HM Treasury had the right to pass the cost on to scheme members.

  • April 17, 2024

    Raid On Broker In Cum-Ex Fraud Case Was Lawful, Court Says

    A raid on the London office of commodity brokerage MCML Ltd. following a request from Danish prosecutors investigating an alleged £56 million ($70 million) tax fraud was lawful, a London court ruled Wednesday.

  • April 17, 2024

    Gov't, Employers Face Pressure After Right To Strike Ruling

    The U.K. will face fresh pressure to improve protections for striking workers after the country's highest court declared Wednesday that part of a foundational trade union law is incompatible with employees' human rights.

  • April 17, 2024

    Escobar TM Too Shocking For General Public, EU Court Rules

    A European court refused Wednesday to let cocaine kingpin Pablo Escobar's family trademark his name because of its "highly offensive and shocking" associations with drug trafficking and narcoterrorism.

  • April 17, 2024

    Merchants Bring Modified Bid For Swipe Fee Class Actions

    A group of merchants urged Britain's competition tribunal on Wednesday to approve proposed class actions accusing Visa and Mastercard of unfairly imposing interchange fees on retailers for several years, arguing they had sufficiently addressed concerns that led to their initial proposals being rejected.

  • April 17, 2024

    Gazprom Unit Fights Ruling Blocking Russian UniCredit Claim

    A Gazprom joint venture told the U.K. Supreme Court on Wednesday that appeal judges in England did not have jurisdiction to grant an anti-suit injunction blocking its €450 million ($480 million) claim in Russia against UniCredit Bank.

  • April 17, 2024

    UK Wins Appeal Of Border Officer's Compressed Hours Case

    An appellate judge has told an employment tribunal to take another look at a pay discrimination claim by a Border Force officer against the security and immigration body, casting doubt on the earlier court decision to allow him to bring a second claim over the same pay policy.

  • April 17, 2024

    Coinbase Loses EU Appeal To Bloc Rival TM

    Coinbase lost part of its bid Wednesday to stop an Estonian company bearing the same name from registering a trademark, with a European court saying the cryptocurrency platform cannot block the trademark of the Baltic state business for news services, publishing or education.

  • April 17, 2024

    6,000 Tesco Workers Demand Documents In Equal Pay Case

    Thousands of Tesco staff whose equal pay claims have been stayed pending the outcome of a leading case argued in an appeal Wednesday that they should get all correspondence between the supermarket and the claimants in the lead case.

  • April 17, 2024

    Insurers Deny Liability In €403M Nord Stream Pipeline Claim

    Two insurers have argued that the damage caused to two Baltic Sea gas pipelines hit by explosions is not covered under their policies with the lines' operator, and they are therefore not liable for over €403 million ($429 million) claimed to cover repairs.

  • April 17, 2024

    Chinese Vape Maker Accuses UK Co. Of Bumming Designs

    A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.

  • April 17, 2024

    Intel Urges Court To Revoke Semiconductor's Chip Patent

    Computer processor giant Intel denied infringing the intellectual property of R2, telling a judge Wednesday that the chip patent that the semiconductor maker is trying to enforce is invalid because it represents developments already known in the industry.

  • April 17, 2024

    'Non-Feminist' Staffer Fails To Prove Anti-Men Conspiracy

    The Environment Agency did not mistreat a sacked employee based on his non-feminist views, a tribunal has ruled, finding that his complaints were nothing more than simple workplace squabbles and deeming his views discriminatory in their own right.

Expert Analysis

  • 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.

  • Prompt Engineering Skills Are Changing The Legal Profession

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    With a focus on higher-value work as repetitive tasks are delegated to artificial intelligence, legal roles are set to become more inspiring, and lawyers need not fear the rising demand for prompt engineers that is altering the technology-enabled legal environment, say Eric Crawley, Shah Karim and Paul O’Hagan at Epiq Legal.

  • Opinion

    UK Whistleblowers Flock To The US For Good Reason

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    The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.

  • 4 Legal Privilege Lessons From Dechert Disclosure Ruling

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    The Court of Appeal's recent decision in Al Sadeq v. Dechert LLP, finding that evidence may have been incorrectly withheld, provides welcome clarification of the scope of legal professional privilege, including the application of the iniquity exception, says Tim Knight at Travers Smith.

  • BT Case May Shape UK Class Action Landscape

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    The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.

  • Key Points From EC Economic Security Screening Initiatives

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    Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

  • Why EU Ruling On Beneficial Ownership May Affect The UK

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    Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.

  • Opinion

    Labour Should Reconsider Its Discrimination Law Plans

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    While the Labour Party's recent proposals allowing equal pay claims based on ethnicity and disability, and introducing dual discrimination, have laudable intentions and bring some advantages, they are not the right path forward as the changes complicate the discrimination claim process for employees, say Colin Leckey and Tarun Tawakley at Lewis Silkin.

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • Tracing The History Of LGBTQ+ Rights In The Workplace

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    Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.

  • Ruling In FCA Case Offers Tips On Flexible Work Requests

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    In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.

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