Commercial Litigation UK

  • May 23, 2024

    Ex-Post Office Boss Told Reviewing Cases Would Be Bad PR

    Former Post Office boss Paula Vennells denied that avoiding becoming "front page news" influenced her decision to limit a review of past convictions based on faulty IT data in her evidence to the inquiry into the Post Office scandal on Thursday.

  • May 23, 2024

    Marketer Denies Owing Investors For Flawed Property Scheme

    An investment marketer has denied owing care home investors £2.3 million ($2.9 million) after they sank money into a flawed property scheme, claiming it never said the investments were safe.

  • May 23, 2024

    InterDigital Fights To Duck Tesla FRAND Case

    InterDigital and tech licensor Avanci LLC fought in a hearing Thursday to throw out Tesla's claim that they have failed to offer fair licensing terms for 5G patents for use in its cars, arguing that the automaker doesn't have valid claims against them.

  • May 23, 2024

    Royal Mail Delivery Driver Loses Case Over 'Jokey' Threat

    Royal Mail cannot be faulted for firing a delivery driver who threatened to blow up a colleague's car in a WhatsApp message if the colleague didn't join the picket line, an employment tribunal has ruled.

  • May 23, 2024

    Lenovo Loses Bid For 'Sword Of Damocles' Injunction

    A London judge has dismissed Lenovo's bid to hit Ericsson with an interim injunction to stop it infringing an essential patent for 5G technology, claiming on Thursday that the injunction was merely a "Sword of Damocles" to discourage the Swedish company from enforcing international injunctions.

  • May 23, 2024

    Trader Denies Using 'Magic Money Tree' At £1.4B Fraud Trial

    Sanjay Shah, a former hedge fund owner who is accused of defrauding Denmark's tax authority out of £1.4 billion ($1.8 billion), denied using a "magic money tree" in his trading at a London court Thursday.

  • May 23, 2024

    Struck-Off Lawyer Loses Bid To Challenge Contempt Sentence

    A struck-off solicitor lost her attempt on Thursday to get a second shot at reviving her appeal against a prison sentence for contempt of court as the appeals court found that she had failed to argue that she had been medically unfit to argue at her first appeal.

  • May 23, 2024

    Bank Sues Adviser For £9M In Property Overvaluation Dispute

    A U.K. bank has alleged a retail adviser owes it £9.2 million ($11.7 million) for overvaluing a property development and causing it to lend millions of pounds more than it should have.

  • May 22, 2024

    Int'l Tribunal Says Countries Must Do More To Protect Oceans

    In a historic unanimous ruling, an international tribunal has concluded that greenhouse gas emissions are polluting the oceans and that nations have an obligation under international law to "take all necessary measures" to prevent, reduce and control these emissions.

  • May 22, 2024

    Staffer's Pre-Prepared Resignation Letter Not Discriminatory

    A designer has lost her discrimination claim against an investment company after failing to prove that her bosses mistreated her — including by asking her to sign a pre-prepared resignation letter — because she is a Chinese woman.

  • May 22, 2024

    Property Transfer For Tax Break Not Dishonest, UK Court Says

    Two liquidated London real estate companies failed to convince the United Kingdom Court of Appeal that their former director behaved dishonestly by transferring their holdings to Jersey trusts for less than market value to obtain a tax advantage, according to a judgment released Wednesday.

  • May 22, 2024

    Mishcon's Int'l Arbitration Head Leaves For Littleton Chambers

    Littleton Chambers said Tuesday that Mishcon de Reya LLP's head of international arbitration is set to join as silk, as the law firm names his successor to lead the firm's practice.

  • May 22, 2024

    HSBC Can't Use Brexit To End UK Role In EU Body, Staff Say

    High street lender HSBC is obligated to keep the U.K. arm of its European works council despite Brexit, the representative body for European staff argued Wednesday as it challenged a ruling that the bank could exclude the U.K. once it left the European Economic Area.

  • May 22, 2024

    Ex-Goldman Banker Gets Contempt Sentence Suspended

    A London appellate court on Wednesday chose "the road of mercy rather than justice" and suspended a prison sentence for a former Goldman Sachs banker who breached court orders to hand over information concerning the financial assets of the wife of an imprisoned Turkish politician.

  • May 22, 2024

    Judge Likens Lenovo Injunction Bid To A 'Hostage Situation'

    A London judge on Wednesday likened Lenovo's bid for an interim injunction to bar Ericsson from infringing a patent it deems essential to telecommunications standards to a "hostage situation," amid a worldwide battle between the two electronics giants

  • May 22, 2024

    Hilco Exec Wins £296K After Being Sacked For Whistleblowing

    A tribunal has awarded a former Hilco Capital Ltd. HR director almost £296,000 ($377,000) in compensation after she was unfairly sacked for blowing the whistle over alleged banking irregularities.

  • May 22, 2024

    Insurers Lose Appeal Over $15M Hanjin Shipping Settlement

    Insurers should not be entitled to recover a portion of recoveries for uninsured losses, a London appeals court ruled Wednesday, in a dispute over a $15 million settlement following the collapse of Hanjin Shipping.

  • May 22, 2024

    UK Gov't Calls Elections For July 4 Despite Poor Polls

    Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.

  • May 22, 2024

    Ex-Post Office Boss Didn't Know Business Prosecuted People

    Former Post Office boss Paula Vennells denied on Wednesday that she knew the organization conducted its own prosecutions, telling the inquiry into its wrongful prosecution of innocent sub-postmasters she became aware of the power to prosecute only several years after she joined.

  • May 22, 2024

    UK Music Publisher Sues Distributor To Exit Licensing Deal

    A classical music publisher has accused sheet music distributor Hal Leonard of failing to use a "reasonable effort" to drive up sales and generate royalties by not making digital versions available and delaying the publication of its composers' works.

  • May 22, 2024

    Home Secretary Fights Disability Case For Injured Officers

    Two police forces argued at the Court of Appeal on Wednesday that injured officers should not be able to take their disability claims to the employment tribunals, claiming that benefits for injured police are not pensions and are therefore an employment matter.

  • May 22, 2024

    HSBC Rejects Ex-Football Pro's £2M Loan Dispute

    HSBC has denied losing former professional footballer Matthew Jansen almost £2 million ($2.5 million) by allegedly failing to monitor the risk of loans secured against properties during the 2008 financial crisis, claiming the sportsman could have kept track himself.

  • May 22, 2024

    Aspiring Judge Can't Reopen Race Bias Case

    An Asian-British solicitor has failed to persuade an employment tribunal to reconsider his race discrimination claims against a High Court judge who dismissed his application because he filed his request too late.

  • May 21, 2024

    Russian Litigants Abandon UK Courts As Sanctions Bite

    The number of Russian litigants using London's commercial courts has collapsed in the past year amid tightening sanctions on individuals and businesses tied to the Kremlin over the war in Ukraine, a report published Wednesday said.

  • May 21, 2024

    Slovenian Fishermen's Maritime Border Cases Get Tossed

    A European court has denied three Slovenian fishermen's cases against Croatia over their ability to fish in disputed Adriatic Sea waters, finding that it doesn't have the jurisdiction to rule on the validity of a 2017 arbitration award setting out the maritime boundary between the two countries.

Expert Analysis

  • Hugh Grant Case Raises Questions About Part 36 Offers

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    Actor Hugh Grant's recent decision to settle his privacy suit by accepting a so-called Part 36 offer from News Group — to avoid paying a larger sum in legal costs by proceeding to trial — illustrates how this legal mechanism can be used by parties to force settlements, raising questions about its tactical use and fairness, says Colin Campbell at Kain Knight.

  • Accounting For Climate Change In Flexible Working Requests

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    Although the U.K. government's recent updates to the country's flexible working laws failed to include climate change as a factor for evaluating remote work requests, employers are not prohibited from considering the environmental benefits — or drawbacks — of an employee's request to work remotely, say Jonathan Carr and Gemma Taylor at Lewis Silkin.

  • Opinion

    New Property Category Not Needed To Regulate Digital Assets

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    The U.K. Law Commission's exploration of whether to create a third category of property for digital assets is derived from a misreading of historical case law, and would not be helpful in resolving any questions surrounding digital assets, says Duncan Sheehan at the University of Leeds.

  • Employer Lessons From Red Bull's Misconduct Investigation

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    Red Bull’s recent handling of a high-profile investigation into team principal Christian Horner’s alleged misconduct toward a colleague serves as a reminder of the importance of thorough internal grievance and disciplinary processes, and offers lessons for employers hoping to minimize media attention, say Charlotte Smith and Adam Melling at Walker Morris.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • Pharma Remains A Key Focus Of EU Antitrust Enforcement

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    The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.

  • Employment Tribunal Fee Proposal Raises Potential Issues

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    The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.

  • ECHR Climate Rulings Hint At Direction Of Future Cases

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    Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.

  • What UK Energy Charter Treaty Exit Would Mean For Investors

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    While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.

  • What To Know About The Russia-Stranded Plane Ruling

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    The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.

  • Uber Payout Offers Employer Lessons On Mitigating Bias

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    Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

  • Clarifying Legal Elements To Support A Genocide Claim At ICJ

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    Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.

  • Opinion

    Employment Tribunal Fees Risk Reducing Access To Justice

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    Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.

  • Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection

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    Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.

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