Commercial Litigation UK

  • March 28, 2024

    Crowe Denies £5M Negligence Claim Over Audits Of Wine Co.

    A London-based accounting firm has hit back against a £5 million ($6.3 million) negligence claim by the liquidators of a failed wine investment company, saying it acted with the "care and skill" of a "reasonably competent" auditor.

  • March 27, 2024

    Wedlake Bell Can't Get Early Exit From Trust Negligence Case

    A London court dismissed a law firm's attempt to escape a damages claim for its admitted negligent management of a trust, finding Wednesday that the law is "in a state of development" about the scope of a solicitor's duty in that situation.

  • March 27, 2024

    Bayer Can Briefly Stop Rivals Selling Patented Xarelto Dosage

    Bayer AG can briefly block its rivals from selling generic versions of anticoagulant Xarelto at its protected once-daily dosage while both sides await a ruling on the validity of the patent, a London court said on Wednesday.

  • March 27, 2024

    StanChart Urges Court To Toss Part Of £1.4B Sanctions Suit

    Standard Chartered PLC urged a London judge Wednesday to block part of a group of investors' £1.4 billion ($1.77 billion) claim against it alleging that the bank had downplayed how much it breached U.S. sanctions against Iran by hundreds of billions of dollars, alleging some of the investors had not shown they had standing.

  • March 27, 2024

    Aviation Co. Did Not Undersell By $28M, Lessor Claims

    An aircraft lessor has denied falsely suppressing its profitability to convince an aviation business to undersell its shares in the lessor by $28 million, claiming that any estimates of possible income were genuine and honest.

  • March 27, 2024

    Property Developers Slash Legal Negligence Claim By £9M

    Two property developers have cut their claim accusing their solicitors of negligence in a residential development from £15 million ($19 million) to £6 million, representing unpaid loans that they are now on the hook for.

  • March 27, 2024

    Czech Republic Can't Bring New Challenge To $350M Award

    A London judge declined Wednesday to let the Czech Republic introduce a new jurisdiction challenge to a $350 million award in favor of a blood plasma company, because the state should have raised the matter in arbitration proceedings.

  • March 27, 2024

    Lawyer Group Ends Challenge Over Fixed Recoverable Costs

    A legal trade body has ended court proceedings against the U.K. government after it agreed to make changes to a new regime to extend fixed recoverable costs in personal injury cases.

  • March 27, 2024

    VAT Applies To UK Insurer's Prior Service Pact, Court Rules

    Value-added taxes apply to performance fees invoiced to a U.K.-based insurance company by an investment management firm as part of service agreements, a London court said, because those payments occurred outside the duration of the arrangement.

  • March 27, 2024

    Hospital Unfairly Fired Worker Accused Of Rape

    A hospital in Devon unlawfully sacked a clinical manager while police investigated him over allegations of rape made by a younger colleague, an employment tribunal has found.

  • March 27, 2024

    Sainsbury's Says Mandarins Not From Protected Variety

    Sainsbury's has hit back at accusations that a variety of its mandarin oranges infringe on the plant breeding rights of a French company, arguing that its Tang Golds are intrinsically different from the protected Nadorcotts owned by Nador Cott Protection SAS.

  • March 27, 2024

    Sony Faces £750K Equal Pay Claim From Female Accountant

    A former PlayStation accountant is suing Sony Interactive Entertainment Europe Ltd. for around £750,000 ($946,000), claiming that the company paid her half the salary of her male colleague and sacked her for bringing her case to a tribunal.

  • March 27, 2024

    Skyscanner Stands Firm In TM Infringement Feud With Rival

    Skyscanner Ltd. has doubled down on its claim that rival travel agency Loveholidays infringed its trademark by adopting a similar logo, while also refuting its competitor's claim that the imitation was actually the other way around.

  • March 27, 2024

    Jaguar, Land Rover Owners Bring New 'Dieselgate' Action

    More than 3,000 owners of Jaguar and Land Rover diesel vehicles have launched legal claims against the manufacturer, dealerships and auto finance companies, alleging that their cars were fitted with defective exhaust filters, the law firm steering the action said Wednesday.

  • March 27, 2024

    SFO Loses Bid To Delay £1B Damages Trial Over ENRC Leaks

    A judge refused to grant the Serious Fraud Office permission on Wednesday to challenge his findings that its officers encouraged a former Dechert LLP partner to divulge confidential information about ENRC.

  • March 27, 2024

    Uber Settles Racist AI Accusations With Driver

    An Uber Eats driver has won a payout after alleging that facial recognition features on the app were discriminating against his darker skin tone and preventing him from getting work, according to Britain's equality watchdog.

  • March 26, 2024

    UAE Fund Must Pay £7M As Judge Tosses Azima Fraud Ruling

    A London judge has ordered a sovereign wealth fund to make an initial £7.6 million ($9.6 million) payment to Farhad Azima, ending a lengthy feud involving allegations the fund fraudulently obtained a $4 million judgment against the aviation tycoon with help from a lawyer at Dechert LLP.

  • March 26, 2024

    Ex-Travel Exec Partially Wins Appeal Over Sexual Comments

    An appellate judge ruled Monday that an employment tribunal was wrong to draw conclusions about sexual harassment allegations against the former head of PR at a travel and tourism trade body when assessing his claims for unfair dismissal and whistleblowing.

  • March 26, 2024

    Lawyer Can't Charge For Executor Fees, Appeals Court Finds

    The Court of Appeal on Tuesday dismissed Shepherd & Co. Solicitors' argument that one of its partners should be paid for his work as the executor of an estate despite the absence of a charging clause in the will, because an inactive executor had not provided written consent to him being paid.

  • March 26, 2024

    Clyde & Co. Eyes Case Against Switzerland Over Credit Suisse

    Clyde & Co. LLP said it is currently soliciting claimants for a possible mass claim to be filed against Switzerland a year after the country forced a distressed sale of Credit Suisse to UBS along with a write-down of $17.5 billion of the bank's bonds to zero.

  • March 26, 2024

    Ex-Director Can't Get 'Rare And Unusual' Dismissal Changed

    An IT consulting business was right to fire a director without warning after their professional relationship irretrievably broke down, and made even the right to appeal a "futile" exercise, an appellate panel has ruled.

  • March 26, 2024

    Abbott Sues Over 3D TM Infringement Of Diabetes Device

    Abbott Diabetes has sued several companies for selling a Chinese-made glucose monitoring device with signs that allegedly look "identical" to the ones on its product.

  • March 26, 2024

    Ex-Museum Curator Ordered To Return Alleged Stolen Items

    A former British Museum curator accused of stealing over 1,800 artifacts to sell on eBay was ordered on Tuesday to hand over the items he still has and provide information about those he has sold.

  • March 26, 2024

    PACCAR Reforms Pushed Through At Consumers' Expense

    Draft legislation aimed at reversing a Supreme Court ruling that upended the financing of class actions has been well-received by litigation-funders, but critics say the government has steamed ahead at the expense of consumers.

  • March 26, 2024

    Ex-Dentons Saudi Chief Sues For $2.6M Of Withheld Pay

    Dentons' former Saudi Arabia managing partner is suing the firm for more than $2.6 million in a London court, alleging that it deprived him of pay after dismissing him for no good reason.

Expert Analysis

  • 2024 Will Be A Busy Year For Generative AI And IP Issues

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    In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.

  • Regulating Digital Platforms: What's Changing In EU And UK

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    Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.

  • Dyson Decision Highlights Post-Brexit Forum Challenges

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    The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.

  • 9 Takeaways From The UPC's First 6 Months In Session

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    Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.

  • How Boards Can Mitigate Privacy, Cybersecurity And AI Risks

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    In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • The Outlook For UK Restructuring Plans At Home And Abroad

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    The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.

  • Foreign Assets Ruling Suggests New Tax Avoidance Approach

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    The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.

  • Class Action-Style Claims Are On The Horizon In 2024

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    Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.

  • Cos. Must Monitor Sanctions Regime As Law Remains Unclear

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    While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.

  • The Top 7 Global ESG Litigation Trends In 2023

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    To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.

  • Proposed Amendment Would Transform UK Collective Actions

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    If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.

  • EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'

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    The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.

  • Employment Law Changes May Increase Litigation In 2024

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    As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.

  • How 'Copyleft' Licenses May Affect Generative AI Output

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    Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.

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