Commercial Litigation UK

  • May 08, 2024

    EGC Won't Annul EU Decision To Toss Spanish Tax Scheme

    The European General Court will not annul a European Commission decision that a Spanish tax scheme for vessels built in its domestic shipyards must be abandoned because it was incompatible with the European Union's internal market, according to a judgment released Wednesday.

  • May 08, 2024

    Appeal Court Wrongly Allowed Challenge To $5M Cargo Award

    Britain's top court ruled on Wednesday an appellate court was wrong to allow an agriculture distributor to challenge two arbitral awards totaling just over $5 million arising out of a botched sale of pulse cargoes, finding the appeal should not have been granted on the basis of a notional new contract.

  • May 08, 2024

    Marsh Can't Duck Chemical Co.'s Negligence Claim

    A London court on Wednesday refused Marsh's bid to strike out a global chemicals group's claim alleging the insurance broker negligently arranged faulty motor insurance cover.

  • May 15, 2024

    Squire Patton Hires Partner Trio As UK Expansion Continues

    Squire Patton Boggs LLP said Wednesday that it has hired three partners in Birmingham and London in a move to boost its offerings in litigation; leveraged finance; and environmental, social and governance.

  • May 08, 2024

    StanChart Bids To Toss Investors' Sanctions Claim On Appeal

    Standard Chartered PLC urged an appeals court Wednesday to toss accusations from investors that it had downplayed the extent to which it had breached U.S. sanctions against Iran by hundreds of billions of dollars, saying they have insufficient evidence to support them.

  • May 08, 2024

    Puma Can't Trip Up Rival Shoe Designs IP

    Puma failed Wednesday to convince a European court that two rivals' sneaker designs had soles that were too similar to its own to gain design protections after the court concluded that it had to consider the shoes as a whole.

  • May 08, 2024

    Daimler Loses Bid For 'Certified' Trademark At EU Court

    Auto giant Daimler lost its bid on Wednesday for trademark registration over a logo bearing the word "certified" as a European Union court found that the word had no distinctive meaning in connection with trucks.

  • May 08, 2024

    Solicitor Struck Off For Asking Client For Sexual Images

    A tribunal struck off a solicitor on Wednesday after concluding that he dishonestly persuaded a vulnerable client to send him sexually explicit images by falsely claiming he needed them to prevent her ex-husband from posting them as revenge porn.

  • May 08, 2024

    Dr. Martens Accuses Temu Of Google Search TM Use

    Dr. Martens has accused Chinese ultra-fast fashion giant Temu of paying Google to show its knockoffs of the British shoemaker's famous black boots in the search results of online shoppers.

  • May 08, 2024

    Reed Smith's $13M Ask May Breach Sanctions, Barclays Says

    Barclays has told a London court that it rightfully refused to transfer approximately $13 million back to a sanctioned shipping company at Reed Smith LLP's request after a collapsed tanker deal, arguing that it declined so it could avoid violating sanctions.

  • May 08, 2024

    Car Charging Supplier Claims Morrisons Ditched It For Rival

    Supermarket giant Morrisons allegedly ditched an electric vehicle charging supplier for a competitor without giving any warning that the chain had lost faith in the provider's technology years before, according to a London court claim.

  • May 08, 2024

    Advertisers Fight For Class Action In Google Antitrust Case

    A group of advertisers fought for a green light for their class action against Google owner Alphabet on Wednesday, arguing that their case meets the requirements for a class proceedings order because there are serious issues of abuse of market dominance to be tried.

  • May 08, 2024

    Litigation Funder Probably Owned By Sanctioned Oligarchs

    A court has found that there is "reasonable cause" to suspect that a litigation-funder that backs a $1.34 billion fraud claim from a collapsed Russian bank against its former owner is controlled by individuals sanctioned in the U.K.

  • May 08, 2024

    South Africa Immune To Sunken WWII Silver Salvage Claim

    Britain's highest court ruled Wednesday that South Africa has sovereign immunity against a salvage repayment claim from a company that recovered around $43 million worth of silver bullion from a cargo ship sunk during the Second World War.

  • May 07, 2024

    Climate Cases Haven't Hurt Oil, Gas Credit Quality, S&P Says

    Climate change litigation has skyrocketed over the past 10 years, increasing climate litigation risk, but the credit quality of the oil and gas sector has remained unaffected, S&P Global Ratings concluded in a report published Tuesday.

  • May 07, 2024

    Uniper Looks To Nix Russian Court's Anti-Arbitration Order

    German energy company Uniper has appealed a Russian court ruling threatening a multibillion euro fine if it continues to pursue an arbitration claim in Sweden that accuses the Russian company Gazprom of reneging on a contract to deliver gas, the company said Tuesday.

  • May 07, 2024

    Lawmakers Told To Fix 'Abusive' County Court System

    Ongoing delays in the county courts are "abusive" to vulnerable litigants who are forced to abandon their cases amid a lack of resources, a London academic told a parliamentary committee Tuesday.

  • May 07, 2024

    Solicitor Faces Tribunal Over Asking Client For Sexual Images

    A solicitor is facing a disciplinary tribunal over allegations that he duped a vulnerable client into sending him sexually explicit images of herself by claiming he needed them to prevent her ex-husband from posting them as revenge porn.

  • May 07, 2024

    Black Teacher Fired For Covering Up CCTV Of Fight

    A teacher lost his race discrimination claims against his former employer, after a tribunal ruled that his bosses' decision to fire him was due purely to his conduct and the fact he covered up a CCTV camera during a classroom fight.

  • May 07, 2024

    Moderna Says Pledge Didn't Waive COVID Vaccine Patent Rights

    Moderna and Pfizer questioned expert witnesses on U.S. federal law on Tuesday in their London court battle over whether Moderna is bound by its pledge not to enforce its COVID-19 vaccine patent rights against those making vaccines to combat the virus during the pandemic.

  • May 07, 2024

    Businessman Asks Top Court To Block £19M UAE Debt Claim

    A businessman's family took its fight with a UAE bank to Britain's highest court Tuesday over an alleged £19 million ($24 million) debt, arguing that the lender should not be allowed to collect on debts he says are illegitimate and a result of fraud.

  • May 07, 2024

    Iceland Supermarket Hit With Kebab Co.'s TM Claim

    A kebab meat supplier has accused frozen food supermarket Iceland of using the trademark for its logo on several of its food items, even after the company stopped supplying the shop with its own products.

  • May 07, 2024

    Spacey To Face UK Civil Trial Over Sex Assault Claim

    Kevin Spacey successfully bid to overturn a default judgment against him at a London court on Tuesday — but the actor now faces a trial to fight off a man's £457,000 ($574,000) sexual assault claim.

  • May 07, 2024

    Court Of Appeal To Hear Secret Judicial Appointment Case

    The Court of Appeal will hear a judge's challenge to a secretive part of the judicial appointment process that critics argue hinders efforts to diversify the bench, the GMB Union said on Tuesday.

  • May 07, 2024

    Plans To Expand Public Access To Court Docs 'Go Too Far'

    Proposals to radically expand access for members of the public to court documents risk disproportionately burdening court staff and lawyers with work and could lead to additional costs, legal experts have said.

Expert Analysis

  • How Data Privacy Law Cases Are Evolving In UK, EU And US

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    To see where the law is heading in 2024, it is worth looking at privacy litigation and enforcement trends from last year, where we saw a focus on General Data Protection Regulation regulatory enforcement actions in the U.K. and EU, and class actions brought by private plaintiffs in the U.S., say lawyers at Morgan Lewis.

  • Misleading Airline Ads Offer Lessons To Avoid Greenwashing

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    Following the Advertising Standards Authority's recent decision that three airlines' adverts misled customers about their environmental impact, companies should ensure that their green claims comply with legal standards to avoid risking reputational damage, which could have financial repercussions, say Elaina Bailes and Olivia Shaw at Stewarts.

  • Supreme Court Ruling Is A Gift To Insolvency Practitioners

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    As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.

  • Major EU AI Banking Ruling Will Reverberate Across Sectors

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    Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.

  • English Could Be The Future Language Of The UPC

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    While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.

  • Arbitration Remains Attractive For Digital Disputes In 2024

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    Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.

  • Key Employer Lessons From 2023 Neurodiversity Case Uptick

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    The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.

  • A Look At 2023's Landmark Insolvency Developments

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    The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.

  • Hague Judgments Treaty May Boost UK-EU Cooperation

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    The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.

  • 5 Key UK Employment Law Developments From 2023

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    Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.

  • Emerging Trends From A Busy Climate Litigation Year

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    Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.

  • Key 2024 Arbitration Trends In A Changing World

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    As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.

  • 2024 Will Be A Busy Year For Generative AI And IP Issues

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    In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.

  • Regulating Digital Platforms: What's Changing In EU And UK

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    Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.

  • Dyson Decision Highlights Post-Brexit Forum Challenges

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    The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.

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