Commercial Litigation UK

  • March 19, 2024

    Criminal Case No Excuse For Missing Tribunal Claim Deadline

    A customer service worker for a British train company can't pursue his sex discrimination and unfair dismissal claims against his former employer because he missed the deadline to bring legal action while on trial for sexual assault allegations brought by a colleague.

  • March 19, 2024

    Vale Sued For £3B In Netherlands Over Brazilian Dam Collapse

    Mining giant Vale SA is facing a new £3 billion ($3.8 billion) action in the Netherlands over a dam collapse that triggered the "worst environmental disaster" in Brazil, lawyers for the claimants said on Tuesday.

  • March 19, 2024

    Metals Trader Loses Bid To Halt $500M Trafigura Fraud Case

    Metals trader Prateek Gupta failed on Tuesday to have a $500 million fraud claim from Trafigura put on hold as a judge ruled that pausing the case before full disclosure would be premature.

  • March 19, 2024

    Clydesdale Bank Beats Fraud Case Over Loan Interest Rates

    A London court dismissed on Tuesday claims that Clydesdale Bank and its former owner fraudulently misrepresented calculations for fixed interest rates on business loans and imposed unjustified charges for repaying early.

  • March 19, 2024

    Tycoon Denies Staveley Feared For Life Over Loan Demand

    Amanda Staveley was not under any duress when she signed new repayment demands that allegedly make her personally liable for a £36 million ($46 million) demand from a Greek shipping magnate, his lawyers told a court on Tuesday.

  • March 19, 2024

    UK Energy Co. Fights To Deduct £2.5M Deal Advice Fees

    An investment holding company told the Supreme Court on Tuesday that £2.5 million ($3.2 million) it paid to Deutsche Bank and others for deals advice is tax-deductible because they were the "type of services procured all the time."

  • March 19, 2024

    Gov't Had 'No Option' But To Fire Worker Over Welfare Fraud

    A civil servant at the Department for Work and Pensions cannot claim he was unfairly dismissed after he used his position to process personal claims for universal credit knowing he wasn't eligible, an employment tribunal has ruled.

  • March 19, 2024

    Tesco Branding Infringes Lidl TMs, Appeals Court Rules

    Tesco failed Tuesday to persuade an appeals court that its loyalty pricing scheme branding doesn't infringe trademarks for Lidl's logo, even though the justices acknowledged the lower court's decision that customers might be misled by the blue-and-yellow signage could be "surprising."

  • March 18, 2024

    Ex-Autonomy CEO's Fraud Trial Over $11.7B HP Deal Kicks Off

    Autonomy's former CEO Michael Lynch duped HP into buying his company at the inflated price of $11.7 billion, a federal prosecutor said Monday during opening statements in the British entrepreneur's criminal trial, while Lynch's lawyer countered his client had "all the money in the world" and no motive to commit fraud.

  • March 18, 2024

    Activist Was Harassment Whistleblower, Tribunal Rules

    An employee at a bottling company counts as a whistleblower because he told his employer he had witnessed a senior manager inappropriately massage a junior employee, an employment tribunal has ruled.

  • March 18, 2024

    World Champ Race Walker's Appeal Of Doping Ban Denied

    The ban against an Italian champion race walker will remain in place after an international arbitration tribunal denied the Olympic gold medalist's appeal of an eight-year punishment over alleged doping violations, according to a Friday statement.

  • March 18, 2024

    Axed HMRC Staffer Wins £16K Disability Discrimination Case

    HM Revenue and Customs must pay a disabled former employee £15,900 ($20,200) after it unfairly sacked him for gross misconduct and wrote off his claim that his sleep apnea was to blame, a Scottish tribunal has ruled.

  • March 18, 2024

    Barrister Before Tribunal For Allegedly Dodging Practice Ban

    An English legal regulator told a tribunal on Monday that a suspended barrister had continued to practice under the pretense of being a "solicitor's agent" in order to sidestep a ban for sending hostile emails and making false statements to a judge.

  • March 18, 2024

    AI Voice Platform Faces UK Litigation Over 'Deepfake' Songs

    The U.K.'s trade association for recorded music has threatened legal proceedings against a deepfake artificial intelligence platform, alleging that the former Voicify's collection of AI voices infringes artists' rights.

  • March 18, 2024

    UPC Shows No Sign Of Dimming UK's IP Role — Yet

    Lawyers and participants seem happy with the Unified Patent Court so far, but it has yet to move the needle on the popularity of the English courts for cross-border IP disputes — particularly after the U.K. Supreme Court set a crucial precedent.

  • March 18, 2024

    Sterlite Says Rival's Fiber-Optic Patent Is 'Mere' Co-Location

    Sterlite Technologies has hit back at Fujikura's claim that it infringed a U.K. patent for a fiber-optic cable, arguing that protection should have never been granted because it was a "mere" co-location of known features.

  • March 18, 2024

    Ex-LC&F Chief's Legal Team Seeks Payment Upfront For Trial

    The £237 million ($300 million) London Capital & Finance investment trial was adjourned on Monday as the company chief's former legal team refused to come back unless they were paid upfront.

  • March 18, 2024

    Special Education Needs Biz Sues DfE Over Procurement

    An educational training company has sued the U.K. Department for Education over its contract bidding process for a qualification for teaching children with special needs, according to a recently public claim.

  • March 18, 2024

    Direct Line Unit Denies Liability For Plastic In Branston Pickle

    A subsidiary of Direct Line Group PLC has denied owing a processed vegetable product supplier £487,000 ($617,000) for losses caused by plastic found in ingredients set to be used for Branston Pickle chutney, because the insurer has already paid out under its policy.

  • March 18, 2024

    PA Unfairly Pushed To Quit Over Underground COVID Fears

    A trader unfairly forced his personal assistant to quit after demanding that she continue to work at his house despite her concerns about catching COVID-19 on the London Underground, an appeals tribunal has ruled.

  • March 18, 2024

    Lawyers Can Recover Costs From Injury Rehab Meetings

    Lawyers acting for a personal injury victim can recover the costs of attending rehabilitation meetings, the Court of Appeal has ruled, but justices warned that solicitors should not expect to be paid for every routine appointment.

  • March 15, 2024

    Quantum Spinoff Breached Fiduciary Duty In TM Dispute

    Quantum Actuarial LLP has lost an appeal to force its predecessor, Quantum Advisory Ltd., to let it use the "Quantum" name as it branched off the business, after a London court found that the actuarial business was wrongly acting out of self-interest.

  • March 15, 2024

    Ex-Autonomy CEO To Face Jury As HP Fraud Trial Boots Up

    Former Autonomy CEO Michael Lynch's 2011 sale of the tech company he founded to HP for about $11.7 billion earned him around $804 million and acclaim in tech circles, but the British executive now faces up to 20 years in prison on federal fraud charges that he inflated revenue figures in a monthslong criminal trial slated to kick off Monday in San Francisco.

  • March 15, 2024

    Emirati Banks Deny Misleading Court To Get $31M Order

    Emirates NBD Bank PJSC has denied misleading the Dubai courts to secure court orders for 117 million AED ($31.8 million) to enforce loans it claims executives of a Kuwaiti opticians company owe.

  • March 15, 2024

    Investment Funds Fight For Disclosure In $1.2B Mining Row

    Two Brazilian investment funds lost their bid Friday to force a mining company to hand over board documents ahead of a trial over a $1.2 billion deal that went south, with the judge agreeing with the mining firm that the documents are privileged.

Expert Analysis

  • Opinion

    Plea For A New Int'l Tribunal For Russia's Crime Of Aggression

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    Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.

  • EU Case Shows Wide Approach To Blocking Telecom Mergers

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    The EU court's recent judgment in Commission v. CK Telecoms may make it more challenging to secure clearance for telecom and other companies pursuing mergers, illustrating its broad approach to mergers that risk harming competition without creating a dominant position, say Dominic Long and Christopher Best at Allen & Overy.

  • Protecting Reputation In The Age Of Shareholder Activism

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    With the rise in investors using equity ownership to influence the management of a company, shareholder activism has taken on fresh impetus, and general counsel have a critical part to play in safeguarding an organization's reputation by engaging in open communication and implementing effective corporate governance, says Neil McLeod at The PHA Group.

  • Factors Driving Increased Litigation Against European Cos.

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    European government regulation and enforcement, economic inflation and litigation funding are driving an increase in litigation, especially class actions, against corporations in Europe, a trend that seems to be here to stay, says Henning Schaloske at Clyde & Co.

  • US-EU Plan On AI Illustrates Differing Opinions On Regulation

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    While the recently announced U.S.-EU voluntary code of conduct for artificial intelligence demonstrates a commitment to deliberate management of the technology, differing views on AI regulation in both regions — and globally — highlight the challenges of achieving a universal solution, say attorneys at Dechert.

  • EU Ruling Sets Antitrust Analysis For Vertical Price-Fixing

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    The European Court of Justice's recent ruling in Super Bock v. Autoridade da Concorrência marks a significant step forward by introducing well-established EU competition law principles in the context of vertical price-fixing agreements, and seems to align with the U.S. approach, say lawyers at McDermott.

  • What Venezuelan Gold Fight Means For UK One Voice Doctrine

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    The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.

  • The Importance Of A Proactive Approach To Workplace Safety

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    Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.

  • How Conflict Management Can Prevent Arbitration Disputes

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    Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.

  • Loot Box Regulation In Europe Could Benefit From Reform

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    In light of recent court rulings concerning video game loot boxes, authorities across Europe are taking increasing note of this mechanism, yet with a coordinated approach, appropriate regulations and a focus on enforcement, there is no need to issue a ban, say Elia Kim and Hazal Kirci at Simmons & Simmons.

  • Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.

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    In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.

  • Why Workplace Menstruation And Menopause Support Matters

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    The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.

  • Pension Trustee Case Could Lead To Fossil Fuels Divestment

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    While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.

  • Outbound Screening May Be Next EU Investment Control Step

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    Following the European Commission’s recent commitment to reduce dependence on third countries by developing an outbound investment review mechanism, it will be interesting to see whether member states will take a united stand or whether national security interests will trump such an approach, say Christoph Barth and Neil Hoolihan at Linklaters.

  • Barclays Ruling Narrows Banks' Fraud Recovery Duty

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    The U.K. Supreme Court's recent ruling in Philipp v. Barclays decided against the so-called Quincecare duty's application in authorized push payment fraud, shining light on how banks should balance their responsibility to follow customers' instructions against making reasonable inquiries, say lawyers at Ontier.

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