Commercial Litigation UK

  • November 23, 2023

    Copycat Trial Over Aldi Cider Gets Off To A Dry Start

    A judge declined on Thursday to carry out a taste test in court of two different drinks as she seeks to determine cider maker Thatchers' copyright claim against budget retailer Aldi's own range of cloudy lemon cider.

  • November 23, 2023

    Whitney Houston Tribute Act Must Quit Stage, TM Owner Says

    The owner of the "Whitney Houston" trademark has hit out at an events organizer who runs tribute shows of the world-famous singer, alleging that he sought to unfairly "ride on the coat-tails" of her name.

  • November 23, 2023

    Design Works Were Compliant, Insurer Says In Building Spat

    Chubb European Group has denied that design works on a building project in England did not comply with regulations and said it is not liable to pay the owner of the development £3.1 million ($3.9 million) to cover the cost of repairs.

  • November 23, 2023

    Hedge Fund Settles Fight Over Hire's Non-Compete Contract

    A subsidiary of global hedge fund Verition has settled its legal battle with a proprietary trading company that accused it of hiring a researcher in breach of his non-compete agreement.

  • November 22, 2023

    Energy Company Appeals Over Employees' Rights Waiver

    An energy company asked Scotland's top court Wednesday to validate a settlement that barred a former employee from bringing an age discrimination claim, a decision that would overturn a significant ruling that similar settlements were prohibited.

  • November 22, 2023

    Dyslexic Employee Mocked For 'Illegible' Writing Wins Claim

    Bosses at a charity discriminated against a dyslexic employee by mocking his writing difficulties after he sent written concerns questioning its policies during the COVID-19 pandemic, a tribunal has ruled.

  • November 22, 2023

    FOI Exemptions Can Be Weighed In Aggregate, Court Says

    Exemptions allowing public bodies to refuse freedom of information requests can be assessed cumulatively when deciding whether releasing information is in the public interest, the Court of Appeal ruled Wednesday.

  • November 22, 2023

    Shell Oil Spill Claims Too 'Sketchy' To Be Run Individually

    A London court ruled on Wednesday that thousands of Nigerian citizens suing Shell over the effects of oil spills must run their claims on a "global" basis after they failed to prove which spill harmed each individual.

  • November 22, 2023

    Dyson Denies He Is 'Thin-Skinned' In Libel Trial

    Billionaire British inventor James Dyson denied at a London court Wednesday that he was "thin-skinned," saying that an article in a tabloid newspaper criticizing him for moving his business to Singapore after campaigning for Brexit "was not the opinion of an honest man."

  • November 22, 2023

    Ex-Barclays CEO Bob Diamond's Atlas Mara Sued For £80M

    Former Barclays chief executive Bob Diamond's African financial services group was accused by ex-shareholders of Finance Bank of Zambia of short-changing them under a deal to acquire the Zambian lender as an £80 million ($100 million) trial got underway in London on Wednesday

  • November 22, 2023

    Bank Investors Rightly Denied Compensation, EU Court Says

    An EU court on Wednesday upheld a decision by the bloc's bank resolution authority to deny compensation to shareholders and creditors of a Spanish bank because there were no "manifest errors" when it appointed a Deloitte subsidiary to carry out a hypothetical valuation of its assets.

  • November 22, 2023

    Laurence Fox Libel Trial Begins Over Pedophile Tweets

    Two people referred to by actor Laurence Fox as pedophiles in an exchange on social media said at the start of a libel trial in London on Wednesday that the allegations were damaging and caused serious harm to their reputations.

  • November 22, 2023

    Housekeeper Wins Bias Claim Over Furlough Policy

    An employment tribunal has handed a partial victory to an Ecuadorian housekeeper who was required to work during a COVID-19 lockdown, finding that she was indirectly discriminated against because of her childcare duties.

  • November 22, 2023

    Lighting Biz Didn't Force CEO To Quit By Bullying Him

    A tribunal has rejected a chief executive's claim that his employer pushed him out of the door by excluding him from important discussions and bullying him at a board meeting, finding it was part of the "rough and smooth of commercial life."

  • November 22, 2023

    Gov't-Backed Arbitration Reform Bill Enters Parliament

    Proposed legislation to modernize Britain's arbitration framework and give courts powers to act more quickly to resolve disputes has begun its journey through Parliament, the Ministry of Justice has said.

  • November 21, 2023

    Dutch Top Court Denies Ecuador Challenge Of Chevron Award

    The top court in the Netherlands refused to disturb a 5-year-old arbitration award that both found an $8.6 billion judgment issued by an Ecuadorian court against energy giant Chevron was tainted by fraud and ordered the South American country to take steps to block the judgment from being enforced.

  • November 21, 2023

    UK Unveils Vision For Tech To Aid Access To Civil Justice

    The U.K. government and senior judges in England and Wales want to make it easier for consumers to get access to justice by using technology and facilitating access to alternative forms of dispute resolution, the Ministry of Justice has said.

  • November 21, 2023

    Article Over Singapore Move Was 'Vicious,' Dyson Tells Court

    Billionaire British inventor James Dyson told the second stage of a High Court libel trial on Tuesday that a "vicious" Daily Mirror article suggesting he had "screwed" the U.K. by moving his business to Singapore after campaigning for Brexit damaged his reputation.

  • November 21, 2023

    Sony Antitrust Action Gets Go-Ahead After Funding Change

    Britain's antitrust court gave the go-ahead on Tuesday for a consumer rights advocate to proceed with a class action against Sony, concluding that a new funding arrangement was not a prohibited damages-based agreement.

  • November 21, 2023

    Feminist Media Consultant Launches Employee Status Appeal

    A research consultant who claims she was sacked by a Syrian feminist media organization for being "liberal" launched her fight on Tuesday to overturn a ruling that she could not claim unfair dismissal because she was not an employee.

  • November 21, 2023

    Red Bull Beats Croatian Tank Arena's 'Iron Bull' TM

    The European Union's intellectual property office has sided with the Austrian multinational Red Bull and refused to grant a remote-controlled battle tank company its application for the name "Iron Bull."

  • November 21, 2023

    Trustee Urges UK Top Court To OK Russian Bankruptcy Order

    A Russian insolvency practitioner urged the U.K. Supreme Court Tuesday to grant her recognition of a bankruptcy order from Russia against banker Georgy Ivanovich Bedzhamov in Britain, in a case concerning efforts by Moscow to recover assets from one of the country's biggest-ever bank collapses.

  • November 21, 2023

    Teacher Unfairly Sacked After Botched Misconduct Inquiry

    A college unfairly sacked a sports teacher for gross misconduct after its botched investigation ignored evidence clearing him of any wrongdoing, a London tribunal has ruled.

  • November 21, 2023

    The Times Settles Libel Case With Ex-Labour Party Candidate

    The Times newspaper has settled an English libel claim brought by a former Labour Party candidate after an article that wrongly accused the ex-solicitor of dishonesty forced him to step down from his political campaign.

  • November 21, 2023

    Deliveroo Ruling Creates Labor Enforcement Catch-22

    The ruling by the U.K. Supreme Court that Deliveroo couriers are self-employed gives more certainty to gig economy companies in disputes over whether their staff count as "workers." But here, lawyers tell Law360 that Deliveroo and others are now at risk of enforcement action.

Expert Analysis

  • Directors Should Beware Reinvigorated UK Insolvency Service

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    The recent lengthy disqualification of Carillion directors serves as a salutary lesson to executives on the level of third-party scrutiny to which their actions may be exposed, and a reminder that the directors’ fiduciary duty to creditors is paramount once a company is irretrievably insolvent, says Ben Drew at Fladgate.

  • EU Privacy Plan Finally Resolves Data Transfer Woes

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    Previous attempts by the European Commission to facilitate data transfers to the U.S. have been unsuccessful, but the recent EU-U.S. Data Privacy Framework may bring greater legal certainty through new control mechanisms and clearer supervisory authority functions, say Joaquín Muñoz and Robbie Morrison at Bird & Bird.

  • The New Accountability Landscape For Financial Regulators

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    The preliminary-stage success of a group of U.K. lawmakers in a case against the Financial Conduct Authority highlights the significant hurdles for review of regulatory actions, but the Financial Services and Markets Act 2023 creates additional visibility into the regulators' decision making, which may lead to an increase in judicial review activity, say attorneys at Cleary.

  • Director Responsibilities Amid Russian Asset Seizures

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    Following Russia's recent takeover of several companies, shareholders may argue that directors failed to properly guard the companies' assets and choose to bring derivative claims or unfair prejudice petitions, say lawyers at Collyer Bristow.

  • Investors Should Prepare For Possible EU Energy Treaty Exit

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    Following the European Commission’s recent call for the European Union and Euratom to withdraw from the Energy Charter Treaty, investors in the energy sector should assess the legal structure of their existing investments and consider restructuring to ensure adequate protections, says Philipp Kurek at Kirkland.

  • What Trustees Must Know About Virgin Media Pension Case

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    The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.

  • EU Illumina-Grail Fine Cools Cos.' Merger Control Approach

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    The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.

  • UK Top Court Ruling Spells Uncertainty For Litigation Funders

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    The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.

  • 4 ADR Techniques To Know In Employment Cases

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    With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.

  • EU Privacy Framework Will Aid Int'l Data Transfer Compliance

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    The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.

  • 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.

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