Commercial Litigation UK

  • July 24, 2024

    Gas Plant Subcontractor Can't Ax £165M Fraud Claims

    A London appeals court refused to block an engineering company's £165 million ($213 million) fraud claims Wednesday, ruling that although the action should have been brought earlier, it is genuine, and the delay has caused little difference to the case's progression.

  • July 24, 2024

    HMRC Wins Battle Over Candy Maker's Holiday Fund Scheme

    HM Revenue & Customs has convinced an appeals tribunal that a Scottish sweet maker must compensate its employees for salary deductions it put aside in "holiday funds," with the judge finding the scheme ran afoul of national minimum wage regulations.

  • July 24, 2024

    Cuban Bank Denies Transferring €72M Debt To Offshore Fund

    Cuba's former central bank told an English appeals court Wednesday that an offshore fund cannot sue it over €72 million ($78.2 million) of unpaid sovereign debt, because it did not consent to the assignment of the debt to the fund.

  • July 24, 2024

    Gov't Backs Off Plans To Expand Scope of Anti-SLAPPs Laws

    A government minister declined to say on Wednesday when politicians might introduce legislation to prevent powerful elites from making abusive legal claims to silence public scrutiny, saying they have to balance access to justice with legitimate claims.

  • July 24, 2024

    Asset Recovery Firms Deny Profit-Stripping Rule Is Too Harsh

    Two asset recovery companies told Britain's top court Wednesday that a law to strip profits from people who quit jobs to chase the business of a former employer is not "too harsh," in a case with potentially wide implications for "bad-faith resignations."

  • July 24, 2024

    Parsley Producer Sues Broker For £1.3M Over Fire Damage

    A herbs and spice producer has sued an insurance broker for nearly £1.3 million ($1.7 million) for allegedly failing to organize sufficient cover that left it short when a fire broke out at its farm.

  • July 24, 2024

    Compliance Biz Unfairly Fired Staffer After Cancer Diagnosis

    A compliance consultancy discriminated against a manager when it decided to cut her loose with no explanation other than her recent cancer diagnosis, a tribunal has ruled.

  • July 23, 2024

    'Bully' Solicitor Who Showed Paralegal Lewd Pix Struck Off

    A solicitor accused of bullying "vulnerable" junior colleagues and showing a paralegal pornographic pictures on his phone was struck off by a tribunal Tuesday.

  • July 23, 2024

    Ex-DWP Staffer Wins £388K For Disability Harassment

    The U.K. government's Department for Work and Pensions must pay a former employee £387,600 ($500,500) after harassing him based on his disability before unfairly pushing him to quit, a tribunal has ruled.

  • July 23, 2024

    BHP Told To Stop Funding Brazil Dam Claim Ahead Of UK Trial

    A London judge on Tuesday blocked mining group BHP from taking part in legal action that aims to prevent some Brazilian municipalities from participating in £36 billion ($46.4 billion) group litigation over one of the country's worst environmental disasters.

  • July 23, 2024

    Disney Cruise Can't Pause Suit As It Awaits Arbitration Ruling

    A Florida federal judge won't let Disney Cruise Line postpone filing a required case management report until after the court rules on the company's pending motion to compel arbitration in a case over an ex-employee who was fired for testing positive for marijuana use.

  • July 23, 2024

    UPC Chucks Meril's Bid To Nix Edwards' Heart Valve Patent

    Edwards has survived Meril's latest challenge over its heart valve patent protections in Europe, convincing the Unified Patent Court that the device's hexagonal "honeycomb" structure is an inventive step over earlier designs.

  • July 23, 2024

    'Mortgage Prisoners' Sue TSB In £800M Trial Over Contract

    Homeowners have alleged that TSB Bank PLC breached the contracts that underpin their mortgages by charging a "disproportionately higher" interest rate, as a preliminary trial of a group claim worth up to £800 million ($1 billion) gets underway.

  • July 23, 2024

    Software Co. Unfairly Sacked Exec To Bring Back Co-Founder

    A tribunal has ruled that a software testing company botched the process to dismiss its former head of product when it re-hired the co-founder with whom his relationship had soured to work as his boss.

  • July 23, 2024

    'Grilloumi' TM Exploits Halloumi Name, Cheesemakers Say

    Cypriot halloumi producers fought on Tuesday to stop a Swedish cheesemaker from registering "Grilloumi" and "Grilloumaki" trademarks, telling a court that the business was taking unfair advantage of the halloumi name.

  • July 23, 2024

    Employees Fight 'Harsh' Penalty In Bad Faith Resignation Test

    Three former employees of asset recovery companies urged Britain's top court on Tuesday to reconsider the "harsh" remedy against people who quit their jobs to pursue business opportunities said to belong to their employers, a case with potentially wide implications for "bad faith resignations."

  • July 23, 2024

    Lloyds Sued Over Payments Linked To Alleged £1.2B Fraud

    Lloyds and its Bank of Scotland subsidiary have been hit with a £287 million ($370 million) claim brought by liquidators of the external broadcaster Arena Television for allegedly processing payments linked to an alleged £1.2 billion fraud.

  • July 23, 2024

    Bond Administrator Enters Liquidation After FCA Restrictions

    The Financial Conduct Authority has confirmed that a London-based bond administrator has entered into liquidation nearly a year after the financial watchdog imposed restrictions on the company over "serious concerns" about its systems and controls.

  • July 22, 2024

    HMRC Wins Appeal Over Taxation Of Partnership Rewards

    Financial rewards from a partnership were taxable as income even though they were made at the partnership's total discretion and the partners had no legally enforceable right to receive them, a London court ruled, siding with HM Revenue & Customs.

  • July 22, 2024

    Royalty Co. Wins Bid To Confirm Award Against Utopia Music

    A New York federal judge has granted a petition by the former owners of artist royalties company Lyric Financial LLC to confirm an arbitral award against Lyric's buyers, Utopia Music Holdings (US) Inc. and its Swiss parent, Utopia Music AG.

  • July 22, 2024

    Light Therapy Biz Denies Retailer's Claim Over Mask IP

    A light therapy tech manufacturer has denied a businesswoman's claim over the design rights for an LED mask and bib, telling a London court that their retailing deal did not give her the right to register the designs and market them herself.

  • July 22, 2024

    'Crowded' Polo Apparel Market Blunts TM Appeal, Court Rules

    A London appellate court ruled Monday that the "crowded market" of polo-themed trademarks was relevant in finding that trademarks for the clothing brand Beverly Hills Polo Club's logo were not distinctive.

  • July 22, 2024

    Derivatives Co. Bids To Reinstate Freeze In Global Fraud Case

    International derivatives provider Multibank urged a London appeals court Monday to reimpose an asset freezing order on a German financial services company and its director, arguing that the judge applied the wrong legal tests when deciding whether to lift the restrictions.

  • July 22, 2024

    NatWest Fends Off Bid To Revive Design School Fraud Case

    The Court of Appeal on Monday ruled that the founders of an interior design school could not revive a fraud claim against NatWest because a settlement they penned with the bank prevented the pair from bringing any further claims.

  • July 22, 2024

    Exec Says EasyGroup's New Case Voided Confidentiality

    A U.K. business owner told a London court that the confidentiality agreement easyGroup accused him of flouting when he contacted a journalist is no longer valid because of another claim the group brought against him.

Expert Analysis

  • Analyzing The Merits Threshold In Interim Injunction Ruling

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    In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.

  • Use Or Lose It: European TM Ruling Stresses 'Genuine Use'

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    The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.

  • Decoding Plans To Simplify The Transfer Of Undertakings Law

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    The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.

  • Decoding Arbitral Disputes: Intra-EU Enforcement Trends

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    Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

  • Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims

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    In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.

  • Employer Lessons From Teacher's Menopause Bias Win

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    A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.

  • Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

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    In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.

  • What UK Digital Markets Act Will Mean For Competition Law

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    The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.

  • UK Supreme Court Confirms Limits To Arbitration Act Appeals

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    Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.

  • Examining The EU Sanctions Directive Approach To Breaches

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    In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.

  • Trends, Tips From 7 Years Of EPO Antibody Patent Appeals

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    Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.

  • 4 Takeaways From Biotech Patent Invalidity Ruling

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    The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.

  • Why Reperforming Loan Securitization In UK And EU May Rise

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    The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.

  • What French Watchdog Ruling Means For M&A Landscape

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    Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.

  • How Life Science Companies Are Approaching UPC Opt-Outs

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    A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

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