Commercial Litigation UK

  • April 16, 2024

    Cigna Denies Insurer's Claim For PPI Complaints Indemnity

    Cigna hit back at insurer PA (GI) Ltd.'s claim to recover its costs of dealing with missold payment protection insurance for healthcare cover, saying that it is not entitled to any compensation.

  • April 16, 2024

    Hill Dickinson Bolsters Disputes Team With New Partner

    Hill Dickinson LLP has snapped up a partner from Teacher Stern LLP to join its commercial litigation team, bringing a wealth of dispute resolution and crisis management experience to the table.

  • April 16, 2024

    Charity Pushed Out Exec But Not Over Whistleblowing

    A charity unlawfully pushed its former head of governance out of the organization by treating her unfairly, but not because she voiced concerns that a property sale might violate industry regulations, an employment tribunal ruled.

  • April 16, 2024

    Pornhub Owner Makes Fresh Bid To Nix Dish's Patents

    Adult entertainment outfit Pornhub's parent company Aylo has hit U.S. satellite television network Dish with a claim to revoke two of the network's U.K. patents, the latest volley in the international streaming technology patent dispute between the two companies.

  • April 16, 2024

    Amazon Staffer Wins Payout Over Early-Morning Health Check

    Amazon must pay its former employee £1,600 ($1,990) after it failed to accommodate his anxiety by demanding that he attend an early-morning occupational health appointment, a Scottish tribunal has ruled.

  • April 16, 2024

    Legal Experts Uneasy About Post Office Convictions Law

    Legal experts warned a parliamentary committee Tuesday that government plans to introduce legislation to quash the convictions of hundreds of Post Office branch managers could unintentionally set a precedent for other miscarriages of justice. 

  • April 16, 2024

    7,000 Asda Staff Lose Full Disclosure Bid In Equal Pay Case

    A tribunal ruled Tuesday that 7,000 Asda workers whose equal pay claims are stayed pending a lead group action cannot have access to all other claimants' correspondence with the supermarket ahead of the upcoming first battle.

  • April 16, 2024

    Ex-Post Office Boss Says Lawyers Ignored Prosecution Risks

    The Post Office's former chief executive said Tuesday that he was "surprised" that in-house lawyers who prosecuted sub-postmasters based on faulty IT data ignored the risk of failing to disclose certain key facts in court.

  • April 16, 2024

    Ex-Airport Train Staffers Get Early Win In Travel Discount Case

    Former employees of London's Heathrow Express airport train won an appeal Tuesday that they were wrongly barred from a cheap travel benefit after they opted for redundancy — but a new tribunal will decide whether their breach of contract claims can continue.

  • April 16, 2024

    Semiconductor Maker Accuses Intel Of Infringing Chip Patent

    Semiconductor maker R2 told a London court Tuesday that major tech rival Intel has infringed its computer chip technology, arguing that it has a valid patent over a technology that allows computer processors to avoid voltage spikes.

  • April 16, 2024

    Law Firm Denies Encouraging Consultant's Weak Case

    Costigan King has denied owing a consultant £291,000 ($362,000) for allegedly advising he fight a claim to stop him providing legal services, saying that it never told him he had a strong case.

  • April 16, 2024

    Bakery Chases Insurers In Multimillion Fire Damage Claim

    A bakery has sued six insurers for at least £26 million ($33.4 million) over claims they wrongfully refused to cover damage and business interruption losses caused by a fire at one of its bakery sites.

  • April 16, 2024

    Insurance Manager Harassed By Bosses Wins £56K

    A tribunal has ordered a British insurance broker to pay a former manager more than £56,000 ($69,800) after ruling that the business pushed her out because bosses no longer valued her after she went off sick with anxiety and depression.

  • April 16, 2024

    Cooley Hires Ex-Norton Rose Antitrust Chief In London

    Cooley LLP has recruited Norton Rose Fulbright's London antitrust and competition chief to its London office as a partner in an effort to boost its ability to advise clients on competition disputes across the U.K. and the European Union.

  • April 16, 2024

    Lawyers Call For Rethink Of Personal Injury 'Discount Rate'

    The government must radically rethink the way compensation for major personal injury claims is calculated or else risk continually under-compensating claimants, a legal industry trade body warned.

  • April 15, 2024

    Ex-Autonomy Exec Testifies To Handshake Deals, Backdating

    Autonomy's former U.S. head of sales testified for the prosecution Monday in the criminal fraud trial of founder Michael Lynch, saying he boosted sales figures via "quid pro quo" handshake deals with customers, created pretextual emails to cover his tracks and even backdated a deal to meet revenue targets.

  • April 15, 2024

    AGA Accused Of Trying To 'Control' Aftermarket With IP Claim

    A company that makes and fits electronic conversion kits for AGA Cookers has told a London court that the high-end oven maker's copyright and trademark claim is just a bid to control aftermarket sales for its units.

  • April 15, 2024

    Naftogaz Urges Court To Uphold $5B Award Against Russia

    Ukraine's state-owned oil company has hit back at Russia's bid in D.C. federal court to toss its attempt to enforce a $5 billion arbitral award it won after its Crimean assets were seized following Russia's annexation of the peninsula, saying the court has jurisdiction over the case.

  • April 15, 2024

    Real Estate Plans Were £50M Ponzi Scheme, Investors Say

    Over 400 real estate investors said two British men ran a U.K.-wide fraud akin to a Ponzi scheme at a London trial of their £50 million ($62.3 million) claim Monday, arguing the men had made false promises about the returns the investments would generate.

  • April 15, 2024

    Broker Hit With £15M Claim Over Mexican Reinsurance Policies

    A Mexican reinsurance broker and one of its clients are suing a London-based broker for more than £14.8 million ($18.4 million), claiming that one of the U.K. company's agents faked documents for nonexistent reinsurance arrangements and pocketed the proceeds.

  • April 15, 2024

    Rastafarian Ex-Army Band Player Wins Race Bias Case

    A former British Army horn player has won his racial discrimination case against the Ministry of Defence, with a tribunal concluding that officers stereotyped him as an "angry Black man" and dismissed his complaints about racist treatment.

  • April 15, 2024

    No Quid Pro Quo In Thank You Posts, Fired Journalist Says

    A sports journalist fired after publicly thanking a company that was a corporate sponsor of his charity fundraising efforts argued to an employment tribunal Monday that there was "no quid pro quo" that compromised the BBC.

  • April 15, 2024

    SRA Accuses Lawyer Of Profiting From Client Loans

    A solicitor profited from his clients' financial difficulties by convincing them to enter into financial arrangements for his benefit, the Solicitors Regulation Authority told a tribunal Monday.

  • April 15, 2024

    Prison Governor Loses Claim He Was Excluded From Union

    A prison governor lost his claim against a trade union that refused to let him join its ranks twice because he had held key positions in another union that competed with it, an employment tribunal has ruled.

  • April 15, 2024

    Prince Harry Ordered To Pay Gov't Costs In Security Case

    A London judge has ordered Prince Harry to pay 90% of the government's legal costs and refused him permission to appeal after he lost his challenge to its decision to downgrade his taxpayer-funded security when he quit his royal duties.

Expert Analysis

  • Pension Scheme Ruling Elucidates Conversion Issues

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    In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.

  • New Fraud Prevention Offense May Not Make Much Difference

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    By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Decoding UK Case Law On Anti-Suit Injunctions

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    The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

  • EU Product Liability Reforms Represent A Major Shakeup

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    The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.

  • Building Safety Ruling Offers Clarity On Remediation Orders

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    The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • EU Report Is A Valuable Guide For Data Controllers

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    The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • Employers Can 'Waive' Goodbye To Unknown Future Claims

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    The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

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