Commercial Litigation UK

  • May 21, 2024

    Gov't Must Pay £50K For Bias Against Deaf Job Seeker

    The U.K. government must pay £49,880 ($63,390) to a deaf person for discriminating against him and failing numerous times to provide interpreters to aid his job search, an employment tribunal has ruled.

  • May 21, 2024

    Leigh Day Considering Legal Action Over UK Blood Scandal

    Personal injury and human rights firm Leigh Day said Tuesday that it was considering legal action against the U.K. government on behalf of clients who were given infected blood transfusions over three decades, after a government minister gave a speech outlining how victims will be compensated.

  • May 21, 2024

    Claims Biz Sues Bankrupt Law Firm For PPI Referral Fees

    A claims processor has asked a London court to recoup £663,000 ($843,144) from an insolvent law firm based on a previous ruling, arguing that its payment obligations existed years before it folded.

  • May 21, 2024

    Tesco Fights Looming Disclosure Deadline In Equal Pay Battle

    Retail giant Tesco fought to push back a disclosure deadline in its equal pay battle with thousands of workers on Tuesday, telling an appeals tribunal that it hasn't had enough time to process millions of documents for the case.

  • May 21, 2024

    Post Office Official Told MP About IT Bugs Ahead Of Report

    A former Post Office senior official conceded she was the "bearer of bad news" by ensuring an MP was told of bugs in the IT system used to wrongly prosecute innocent people, as she gave evidence to an inquiry Tuesday.

  • May 21, 2024

    Injured Ex-Cops Take Disability Case To Court Of Appeal

    Two former police officers urged an appeals court Tuesday to revive their claim that pensions rules for those disabled in the line of duty are discriminatory, arguing that an employment tribunal was wrong to find it had no jurisdiction over the question.

  • May 21, 2024

    I Am An Honest Man, British Trader Tells £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), told a London court on Tuesday that he is an "honest man" who traded using a legal "loophole."

  • May 21, 2024

    Ex-Insurance Exec's Wife Denies Knowledge Of Illegal Money

    The wife of a former executive at Gable Insurance has denied cashing in on unauthorized payments from her husband who, the Liechtenstein insurer alleges, siphoned off millions of pounds from the company to accounts he had links to.

  • May 21, 2024

    Prince Harry Fails To Drag Rupert Murdoch Into Privacy Claim

    Prince Harry and others suing the U.K. arm of Rupert Murdoch's News Corp. failed on Tuesday to drag the media mogul into their claim as a London judge refused to expand their case to include allegations that he was part of an alleged cover-up.

  • May 20, 2024

    Arbitrator In $14.9B Malaysia Case Can't Nix Contempt Ruling

    Embattled arbitrator Gonzalo Stampa has lost an appeal challenging his conviction in Spain for contempt of court after he ordered Malaysia to pay $14.9 billion to the heirs of the last sultan of Sulu in an unusual, high-stakes arbitration stemming from a 19th-century land deal.

  • May 20, 2024

    Autonomy CEO Reaped $516M From HP Acquisition, Jurors Told

    Ex-Autonomy CEO Michael Lynch took home more than $516 million from the software company's $11.7 billion sale to HP, an FBI agent testified Monday as the government's last witness in a trial over allegations Lynch duped HP into overpaying to buy the company.

  • May 20, 2024

    EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row

    Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.

  • May 20, 2024

    Pharma Cos. Drop Appeal At Top Dutch Court

    The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.

  • May 20, 2024

    Barristers Blast Lack Of Data As Remote Hearings Decline

    The Bar Council on Monday reported a "significant and steep decline" in the number of remote court hearings taking place since the peak of COVID-19 and condemned the "staggering" lack of data available to assess their effectiveness.

  • May 20, 2024

    Collapsed Firm Escapes Fine For Making Unapproved Claims

    The solicitors' watchdog for England and Wales on Monday waived a £65,300 ($83,000) fine for a shuttered law firm that submitted claims without clients' approval, scrapping the penalty to safeguard the outfit's creditors.

  • May 20, 2024

    Civil Servants Lose Fight To Relaunch Age Bias Case

    A group of 20 civil servants lost its bid Monday to revive claims that a redundancy compensation scheme was unjustifiably biased against older employees, with an appeals tribunal ruling that a lower court correctly found their case to be vexatious.

  • May 20, 2024

    Rugby Players Still Can't Join Forces For Concussion Claims

    A London judge declined again on Monday to combine negligence claims brought by almost 300 former rugby players, as governing bodies for the sport argued they had only just become aware of more medical evidence about conditions allegedly caused by repeated concussions.

  • May 20, 2024

    Lessors File Russia-Stranded Planes Cases After Major Ruling

    Two aircraft lessors have filed details of claims against insurers in London for a combined total of $62.1 million over planes stranded in Russia because of the invasion of Ukraine after a landmark ruling tossed attempts to move the cases and others to Russia.

  • May 20, 2024

    SRA Can't Block £75K Costs Order For Flawed Case

    The Solicitors Regulation Authority has failed to stave off a £75,000 ($95,000) order as a London court ruled that a tribunal was right to award a solicitor costs for the watchdog's "fundamentally flawed" misconduct allegation against her.

  • May 20, 2024

    Property Manager Refused Sick Days Wins £31K

    A letting agency must pay a former employee £31,000 ($39,361) for unlawfully firing her after an employment tribunal found the chief executive refused to allow sick days and remote working for her endometriosis.

  • May 20, 2024

    Tribunal OK To Halt Sea Captain's Case Ahead Of Court Ruling

    A tribunal did not misstep by pausing a ship captain's claim against his ex-employer while awaiting a ruling from a court on his ability to bring the case in England, an appeals judge has ruled.

  • May 20, 2024

    Judge Approves Bankruptcy Order On Ex-Axiom Ince Chief

    A judge approved on Monday a bankruptcy order against the former head of Axiom Ince Ltd. after the now-collapsed law firm failed to pay monthly installments for its acquisition of Ince.

  • May 20, 2024

    Crypto 'Inventor' Used Court As Vehicle For Fraud, Judge Says

    A London court ruled Monday that the man who claimed to be Satoshi Nakamoto in a weekslong trial lied extensively and committed forgery "on a grand scale," finding that the computer scientist had used the courts as a "vehicle for fraud."

  • May 17, 2024

    Fla. Investor Says Mining Co. Froze His Shares In Costly Error

    An investor and former employee of a Canadian mining company alleged breach of fiduciary duty and negligence against the business, saying in a lawsuit in Florida federal court that he was wrongfully prevented from selling his shares and lost money when the stock price dropped following an unfavorable arbitration ruling.

  • May 17, 2024

    Imprisoned Oligarch Partly Wins Bid To Expand $14B Claim

    An imprisoned Russian billionaire partly succeeded in a London court Friday in adding new allegations to his $13.8 billion claim alleging his business empire was fraudulently taken in a wide-ranging Russian state conspiracy.

Expert Analysis

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • UK Arbitration Ruling Offers Tips On Quelling Bias Concerns

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    An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • UK Courts Continue To Struggle With Crypto-Asset Cases

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    Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.

  • Why Computer Evidence Is Not Always Reliable In Court

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    Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.

  • Employer Lessons From Ruling On Prof's Anti-Zionist Views

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    In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.

  • 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.

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