Commercial Litigation UK

  • January 14, 2025

    UK Russia Sanctions Face Landmark Test At Supreme Court

    The U.K.'s sanctions regime faces a major test on Wednesday as billionaire Eugene Shvidler seeks to have his financial restrictions cast off — the first case to challenge Russian sanctions that has reached the country's highest court.

  • January 14, 2025

    Soho House Sues Energy Broker Over Misleading Fee Info

    Soho House is suing electricity broker Orchard Energy for allegedly misleading the private members' club about the commission it would earn as part of a deal with Shell, saying it would not have entered the contract if it had known.

  • January 14, 2025

    Apple Tells UK Trial That App Developers Get Fair Price

     Apple told a trial in London on Tuesday that a £1.5 billion ($1.8 billion) claim over the commission it charges to third-party app developers overlooks the benefits users get from its App Store and ignores the company's intellectual property rights. 

  • January 14, 2025

    ECJ Adviser Says EU Minimum Wage Law Lacks Legal Footing

    The European Union overstepped by passing a law requiring employers to pay staff an "adequate minimum wage," an adviser to the bloc's top court said Tuesday amid Denmark's quest to revoke the law.

  • January 14, 2025

    KPMG Beats Property Developer's Meritless Negligence Claim

    KPMG LLP succeeded in striking out a property developer's £25 million ($30 million) negligence claim Tuesday, after a London court dismissed the meritless allegations as an abuse of process "doomed to fail."

  • January 14, 2025

    Furniture Biz To Pay £59K For Changing Designer's Hours

    A design consultant has won more than £59,000 ($71,810) after a tribunal ruled that a French interior design company unlawfully switched her hours despite her complaints that her new hours put her at greater risk because of her heart condition.

  • January 14, 2025

    NHS Staffer Wins Claim Over No Private Breastfeeding Room

    A National Health Service board harassed a female staff members when it failed to provide a secure space for her to express breast milk at work after she returned from maternity leave, a tribunal has ruled.

  • January 14, 2025

    Toy Co. Accuses Bratz Maker Of 'Egregious' Antitrust Violation

    A toy company asked a London court on Tuesday to find that the maker of Bratz dolls was guilty of "egregious" competition violations, accusing the doll seller's chief executive of using bullying tactics to stop it entering the market.

  • January 13, 2025

    Fla. Court OKs $6B Settlement Data Release In 3M's UK Case

    A Florida federal court has authorized the release of certain information related to 3M's $6 billion multidistrict litigation settlement ending claims over allegedly faulty combat earplugs to a London arbitral tribunal, which was convened to determine if insurer AIG Europe Ltd. is refusing to pay its share of the deal.

  • January 13, 2025

    Law Student Can't Rope Cambridge Profs Into Bias Claim

    A law Ph.D. student cannot sue the individual committee members who collectively refused to award him a doctoral thesis after a London judge ruled Monday that the panelists added nothing of substance to his discrimination case against Cambridge.

  • January 13, 2025

    Shippers Accused Of Overcharging Motorists In £100M Trial

    A group of shipping companies caused motorists to pay higher prices for their vehicle than they would otherwise have done by artificially inflating delivery charges, lawyers for the vehicle owners said at the start of a £100 million ($121.4 million) class action trial Monday in London.

  • January 13, 2025

    Law Firms Avoid Early Payout In Dispute Over Property Deal

    A property business failed to get two law firms to contribute to its £2.5 million ($3 million) liability to a lender over a botched property purchase, after a judge ruled Monday that the dispute needed to be decided at trial.

  • January 13, 2025

    BNP Paribas Sues Oil Co. Boss For £104M Over Fraud Claims

    BNP Paribas has accused an oil company of defrauding it with forged invoices, making the allegation in a London court claim against the oil business's boss to claw back £104 million ($126 million).

  • January 13, 2025

    Wife Of Princess Diana's Brother Denies Mistress' Info Misuse

    Karen Spencer, the estranged wife of Princess Diana's brother, Charles Spencer, has denied misusing his mistress' personal medical history and said that in the face of her sudden divorce, sharing the information with family and friends was "entirely justified."

  • January 13, 2025

    Driving Data Biz Sues Telematics Co. For $57M Over IP Breach

    A Swedish data analytics company confirmed that it is planning to bring a $57 million claim against its former collaborator, a Norwegian vehicle tracking business, for infringing the company's intellectual property rights after their contract ended.

  • January 13, 2025

    Employment Tribunal Rules All-Staff Email Not Whistleblowing

    An employment tribunal ruled that an accountant at a charity in central London did not blow the whistle on the organization's equality practices, finding that his staffwide email contained nothing more than his personal opinion.

  • January 13, 2025

    BHP Disputes Strict Liability Claim In £36B Dam Collapse Trial

    Individuals and municipalities suing BHP for £36 billion ($43.8 billion) do not need to prove a direct causal link between the miner and a dam collapse that caused Brazil's worst environmental disaster, an expert on the country's law told a trial on Monday. 

  • January 13, 2025

    Apple Accused At Trial Of 'Eliminating' App Store Competition

    Apple was accused Monday of "eliminating" competition to its App Store, allowing it to charge developers excessively high commissions that cost consumers up to £1.5 billion ($1.8 billion), as the first U.K. class action trial against a Big Tech company started.

  • January 13, 2025

    Autistic Policewoman Rejected For Firearms Course Gets Win

    An autistic policewoman has won her claim at the employment tribunal for discrimination, which she filed after one of her bosses at the Cumbrian force refused to let her take a firearms course, citing safety concerns over her disabilities.

  • January 13, 2025

    Croner To Face Fired Ex-Solicitor's Claim Despite Docs Spat

    Human resources consultancy Croner Group Ltd. must face a claim of a former litigation adviser that it unfairly fired him because he faced being struck off the solicitors' roll for sending antisemitic tweets. 

  • January 13, 2025

    Gallagher Settles £15M Koko Venue Negligence Claim

    The owner of London music venue Koko reached a settlement in its £15 million ($18 million) case against Arthur J. Gallagher on the first day of a trial in London on Monday, ending its claim that the insurer-broker failed to ensure it had cover for a fire.

  • January 10, 2025

    Addison Lee Ruling Gives Gig Employers Less Room To Move

    Wednesday's ruling that handed Addison Lee drivers workers' status could further narrow the legal avenues for gig economy employers to argue their workforces are self-employed — but companies are more likely to relitigate claims than accept the costs associated with worker status, lawyers say.

  • January 10, 2025

    Royal Mail Workers Win Case Over Pub Break Firing

    A tribunal found Royal Mail unfairly sacked four postal workers for meeting up after they were suspended for taking breaks together at a local pub, finding that their managers failed to take into account their clean employment records.

  • January 10, 2025

    Nottingham Forest Owner Can Continue Libel Claim

    Nottingham Forest Football Club owner Evangelos Marinakis can continue his libel claim against the chair of Greek team Aris after a London court ruled Friday that the claim "seems well worth bringing."

  • January 10, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • UK Courts Continue To Struggle With Crypto-Asset Cases

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    Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.

  • Why Computer Evidence Is Not Always Reliable In Court

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    Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.

  • Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases

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    The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.

  • Bias Ruling Offers Guidance On Disqualifying Arbitrators

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    An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.

  • Employer Lessons From Ruling On Prof's Anti-Zionist Views

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    In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Unpacking The Law Commission's Digital Assets Consultation

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    The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.

  • 1st Appellate Ruling On Digital Terms Sets Tone For Disputes

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    The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.

  • Insurance Policy Takeaways From UK Lockdown Loss Ruling

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    An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.

  • How Employers Should Respond To Flexible Work Requests

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    U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.

  • What COVID Payout Ruling Means For Lockdown Loss Claims

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    While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Opinion

    PACCAR Should Be 1st Step To Regulating Litigation Funders

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    Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

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