Commercial Litigation UK

  • April 11, 2024

    Ex-Post Office Boss Denies 'Cover Up' Of IT Bugs

    A former Post Office boss has denied trying to "cover up" the fact that senior members of the organization knew the IT system used to prosecute hundreds of innocent sub-postmasters was faulty, as he gave evidence to an inquiry Thursday.

  • April 11, 2024

    Cable Co. Says Funding For Price Fixing CPO Lacks 'Visibility'

    A major European power cable supplier questioned Thursday whether a representative seeking damages on behalf of U.K. electricity customers had allocated enough money to cover their costs during a hearing to decide whether the mass claim should be certified.

  • April 11, 2024

    NHS Assistant With Lung Condition Wins COVID Bias Claim

    An NHS trust in England forced a hospital worker with a chronic lung condition to quit her job by refusing to let her work from home during the COVID-19 pandemic, a tribunal has ruled.

  • April 11, 2024

    ECHR Climate Ruling Provides Blueprint For Future Litigation

    A ruling from Europe's top human rights court that countries have obligations to protect their citizens from climate change could serve as a blueprint for other litigation brought by activists seeking to force action from governments and corporations over a warming planet.

  • April 11, 2024

    Failure To Address Group Chat Jokes Pushed Worker To Quit

    Blackpool Council forced an employee to resign after it failed to formally investigate her complaints about a "deluge" of inappropriate WhatsApp group messages that made her view the workplace as hostile, an employment tribunal has ruled.

  • April 11, 2024

    Dough-Maker Loses Fight Against Order To Reverse Merger

    Dough maker Cérélia on Thursday lost its fight to avoid being forced to sell its Jus-Rol brand, with a London appeals court upholding a decision that the sale is necessary to protect retailers and shoppers from paying higher prices.

  • April 11, 2024

    Hendrix Bandmates Have No Claim To Copyright, Sony Says

    The U.K. arm of Sony has hit back at the estates of the former bandmates of Jimi Hendrix in their ongoing copyright feud over the group's back catalog, alleging that the pair consented to producers taking control.

  • April 11, 2024

    Solicitor Struck Off For Misleading Client Over PI Claim

    A former Slater and Gordon personal injury lawyer who admitted that he misled a client about the status of her claim for more than 15 years was struck off by a tribunal on Thursday.

  • April 10, 2024

    No Merit To Autonomy Whistleblower Claims, Auditor Says

    A Deloitte partner testifying in a California criminal trial over claims that former Autonomy CEO Michael Lynch and finance director Stephen Chamberlain duped HP into buying the British tech company for $11.7 billion said Wednesday that auditors concluded that whistleblower allegations by a finance department executive were meritless.

  • April 10, 2024

    Spain To Face Claim Over Nixed Uranium Processing Plant

    Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.

  • April 10, 2024

    Lights Out For Solar Panel Company's Battle To Revive Design

    Singapore-based solar panel maker Maxeon Solar Pte. Ltd. lost its fight to revive its invalidated panel design Wednesday, with a European Union court ruling that the appearance of its device "lacked individual character."

  • April 10, 2024

    Former Judge Says Post Office Prosecutions Made No Sense

    A former senior judge who oversaw a mediation scheme between the Post Office and people it wrongly prosecuted based on faulty IT data said the organization's case "didn't make sense," as he gave evidence to the inquiry into the scandal on Wednesday.

  • April 10, 2024

    Medical Device Maker Bids To Stop Rival Selling Product

    A Chinese medical device maker urged a London court Wednesday to prevent a U.K. rival from selling its product until the end of its patent infringement claim, arguing that the medical device supplier might undercut its prices.

  • April 10, 2024

    Italian Airline Chairman Sued For €50M Over Joint Venture

    The chairman of Aeroitalia SRL has allegedly blocked aviation magnate German Efromovich from controlling the startup Italian airline by refusing to hand over his majority stake in the project, according to a new London claim seeking €50 million ($54 million).

  • April 10, 2024

    Ex-Footballer Sues HSBC For £2M Loan Negligence

    Former professional soccer player Matthew Jansen has claimed HSBC lost him almost £2 million ($2.5 million) during the 2008 financial crisis by allegedly failing to monitor the risk of loans secured against properties.

  • April 10, 2024

    EU Court Revives German Kitchen Biz's 'MH Cuisines' TM Hopes

    A German kitchen specialist can proceed to registering its "MH Cuisines" trademark after persuading a European Union court on Wednesday to overturn an earlier ruling that consumers could confuse the sign with a rival's "MM Cuisines" logo.

  • April 10, 2024

    Author 'Blacklisted' For Anti-Trans Views Loses Status Appeal

    An author whose contract was canceled after she expressed anti-transgender views online cannot revive her discrimination case, as an appeals court dismissed her claim that she was legally employed by her publisher.

  • April 10, 2024

    Door Handle Maker Grips Design Victory On Appeal

    A Czech manufacturer won its appeal Wednesday to reinstate design protections for a door handle after a European court ruled that differences in the angles of the grip and neck were significant enough to merit protection.

  • April 10, 2024

    EUIPO Wrongly Skimmed Dairy Biz's 'Rebell' TM, Court Says

    A European Union court has restored a dairy company's "Rebell" protection, ruling on Wednesday that intellectual property officials failed to explain why they narrowed the scope of the trademark for lack of use amid a beef company's protests.

  • April 10, 2024

    Chelsea FC Unfairly Booted Staffer Amid Assault 'Cover-Up'

    Chelsea Football Club unfairly fired a groundsman after he appeared to send 1,600 anonymous emails claiming the club covered up a colleague's alleged assault of the groundsman, a tribunal has held, but it declined to award him damages after ruling he was behind the emails.

  • April 10, 2024

    EU Bank Rescue Agency Overcharged Institutions By €3.7B

    A European Union court ruled Wednesday that the eurozone's rescue agency for financial institutions overcharged for contributions to its safety net fund by almost €3.7 billion ($4 billion) but has given the authority at least six months until it has to repay.

  • April 09, 2024

    'You're Going To Lose These People,' Judge Tells Lynch Atty

    U.S. District Judge Charles Breyer on Tuesday chided a Steptoe partner representing former Autonomy CEO Michael Lynch in his criminal fraud jury trial, saying that his hourslong questioning of a Deloitte partner shouldn't go on much longer, or "you're going to lose these people."

  • April 09, 2024

    UK Court Affirms Sweet VAT Ruling For Jumbo Marshmallows

    Jumbo-size marshmallows are not candy like regular marshmallows because they're meant to be roasted, so they qualify for a value-added tax exemption for food, the U.K. Upper Tribunal ruled in upholding a lower court's findings.

  • April 09, 2024

    BCLP Says It Had No Obligation To Man's Family In Tax Fight

    Global law firm Bryan Cave Leighton Paisner was under contract to represent only a family's patriarch and thus shouldn't be liable for taxes resulting from advising him to transfer £242 million ($307 million) in assets to his wife, then to his sons, the firm told a London court.

  • April 09, 2024

    Tory Donor Wins First Defamation Fight Against BBC

    Telecoms magnate and Conservative Party donor Mohamed Amersi won the first hurdle in his defamation battle against the BBC on Tuesday when the High Court ruled that BBC reports suggested to the public there were strong grounds to suspect that he had been involved in corruption and bribery scandals.

Expert Analysis

  • 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.

  • EU Decision Adds To Growing Right Of Access Case Law

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    The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.

  • How The Law Must Change To Accommodate Digital Assets

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    The Law Commission's recent report shows that the common law of England and Wales is well suited to adapt to digital assets, and with targeted statutory reform to unlock the possibility of recognizing property in intangible things, the U.K. can become an ideal hub for parties to transact with emerging technology, says Sarah Green at the commission.

  • Copyright Trial Defense Tips From 'Thinking Out Loud' Case

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    The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.

  • UK Tribunal Ruling Sheds Light On Workplace Speech Issues

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    The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.

  • Leading THC Case Lends Support To UK Legalization Debates

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    Even though the Court of Appeal's ruling in R v. Margiotta on legally importing and supplying low THC cannabis cannot be relied on post-Brexit, it provides powerful arguments for the legalization of supply in low THC cannabis, including the fact the product is not considered a narcotic drug, say Robert Jappie at Fieldfisher and Josh Normanton at Trinity Chambers.

  • Employment Tribunal Data Offers Workplace Practice Insights

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    A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.

  • Unpacking The Rwanda Policy Appeal Decision

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    The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.

  • Getty Case Will Be Pivotal For Generative AI Copyright Issues

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    The Getty v. Stability AI litigation in the U.K. and U.S. raises legal ambiguities on who owns generative artificial intelligence output, and the outcomes will set a major precedent on copyright practices for businesses in both countries and beyond, say Victoria Albrecht at Springbok AI and Mark O'Conor at DLA Piper.

  • ESG Litigation May Move Toward Untrue Statement Claims

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    As the environmental, social and governance agenda has gained significant momentum, and more activists and investors hold businesses accountable to their commitments, the Financial Services and Markets Act provides a legal vehicle for shareholders to exert pressure on listed companies, say Rupert Lewis and Ceri Morgan at Herbert Smith.

  • What The Collective Interests Bill May Mean For Irish Litigation

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    As multinational corporations continue to increase their presence in Ireland, the forthcoming Collective Interests of Consumers Bill is expected to significantly alter the Irish litigation landscape and provide fertile ground for consumer-led group actions, backed by a gradual edging toward wider third-party litigation funding reform, say lawyers at Kennedys.

  • Successfully Implementing AI Rules Requires A Cultural Shift

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    Recent positive use cases of artificial intelligence demonstrate the potential benefits it can bring to the legal profession, and while the development of AI rules is essential, their effectiveness depends on user adoption, behavioral change and human acceptance, say Charlie Morgan and Salman Dhalla at Herbert Smith.

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