Commercial Litigation UK

  • June 21, 2024

    Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says

    The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.

  • June 21, 2024

    Surveyor Wins £110K After Director's Unfounded Fraud Report

    A tribunal has ordered a surveyors company and two of its directors to pay a former trainee almost £110,000 ($139,000) after ruling that she was subject to harassment relating to her sex and victimization.

  • June 21, 2024

    Apple Can't Challenge £853M IPhone Battery Class Action

    Apple failed in its bid to challenge an £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, after an appeals court found Friday the claim had prospects of success.

  • June 21, 2024

    Russian Bank Founder Hit With Asset Freeze In $850M Claim

    A London judge froze the assets of the co-founder of a Russian bank in a hearing Friday, in the latest development of an $850 million fraud claim in which two Russian lenders are seeking to claw back allegedly embezzled funds.

  • June 21, 2024

    British Council Wins Fight To Nix Dubai Employee's Claim

    The British Council has won its appeal against a decision that found a human resources manager based in Dubai could sue her employer in a U.K. employment tribunal, with the appeals tribunal finding that her argument that she would not get a fair trial in the UAE failed.

  • June 21, 2024

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

    This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

  • June 21, 2024

    Motorola Sues Home Office For £13.5M Over Service Deal

    A Motorola Solutions company responsible for the U.K.'s emergency services communication network has said the Home Office owes it £13.5 million ($17 million) which the government department has refused to pay.

  • June 21, 2024

    Salmon Farmers Hit With £382M Price-Fixing Class Action

    Several Atlantic fish farming companies face a £382 million ($482 million) class action on behalf of millions of U.K. consumers who accuse the businesses of running a cartel to artificially inflate salmon prices.

  • June 21, 2024

    Travelers Denies Liability Over Arson Risk In Fire-Loss Row

    Travelers Insurance Company Ltd. has denied it is liable for losses claimed by a building operator after fires destroyed its warehouse in Scotland because the company failed to disclose the property had previously suffered an arson attack.

  • June 21, 2024

    Apple Wrong To Fire Worker For COVID Joke, Tribunal Rules

    Apple wrongly fired an employee for making racial comments in the workplace, despite not having offended anyone, an employment tribunal has ruled.

  • June 21, 2024

    Amgen Joins Bid To Nix Alexion's Blood Drug Patent

    Amgen Inc. has told a London court that its biosimilar for a patented rare blood disease treatment of Alexion does not infringe the AstraZeneca unit's protections for the drug, arguing that the patent itself should be scrapped.

  • June 21, 2024

    Axiom Stays £65M Action As Directors Claim Bankruptcy

    A London judge ruled on Friday that shuttered firm Axiom Ince can stay its almost £65 million ($82 million) claim against its ex-director and several of his companies for allegedly misappropriating client funds, saying the main defendant has been declared bankrupt.

  • June 20, 2024

    Top EU Court Clarifies UK Interest In TM Claims Post-Brexit

    The European Union's top court has backed a prior ruling holding that a U.K. trader's interest in bringing trademark opposition proceedings against an EU application should not disappear after the U.K.'s departure from the European Union.

  • June 20, 2024

    Group Can Challenge UK Policy's Exclusion Of Onshore Wind

    Campaigners can challenge the government's decision to exclude onshore wind from its renewable energy policy, after a judge ruled at a hearing Thursday that their claim it breached the U.K.'s climate obligations is arguable.

  • June 20, 2024

    Next Copied Diamond Logo For Its Reputation, Rival Claims

    Next Retail sports clothing brandishing a black diamond took advantage of a global outdoor business' very similar logo in an attempt to "live dangerously" and ride off its rival's reputation, according to a London court claim.

  • June 20, 2024

    Academic Revives Sex Bias Claim Over Absences

    A university lecturer has won his bid to revive his claim he was discriminated against as a man after an appellate tribunal found an initial ruling failed to properly identify his complaints.

  • June 20, 2024

    Ex-Racecourse Assoc. Worker Can Revive Maternity Bias Case

    An accountant won her bid on Thursday to revive her pregnancy discrimination case, with an appeals panel saying an employment tribunal failed to consider whether her redundancy was legitimate or, as she claimed, the result of maternity discrimination. 

  • June 20, 2024

    Mastercard Settles Retailers' Swipe Fees Group Litigation

    Mastercard has settled a class action claim brought by more than 1,900 businesses in ongoing litigation over allegations it imposed excessively high credit card fees on merchants, a person familiar with the case has confirmed.

  • June 20, 2024

    Womble Bond Denies Fault In Failed £126M Property Deal

    Womble Bond Dickinson (UK) LLP has denied botching a £126 million ($160 million) London property redevelopment project and said it advised competently on the instructions of a businessman who abandoned the deal because the market looked bad.

  • June 20, 2024

    Builder.ai's TMs Trimmed In Infringement Claim With Rival

    App-building tech company Engineer.ai Global Ltd. lost its trademark battle with an Indian rival over the alleged exploitation of its "Builder" sign on Wednesday, losing protection for two of its marks across a third of its computer-related classes.

  • June 20, 2024

    Law Firm Wrongly Axed Pregnant Lawyer's Promotion

    A law firm discriminated against a solicitor when it withdrew its offer to promote her to director after learning she was pregnant and later fired her, an employment tribunal has ruled.

  • June 20, 2024

    UK Gov't Must Face War Crime Libel Claim, Top Court Rules

    A Bangladesh-born British citizen can revive his libel claim over a Home Office report that said he was guilty of war crimes after the U.K. Supreme Court ruled Thursday that it was not an abuse of process, allowing it to continue to trial.

  • June 20, 2024

    Top UK Court Quashes Decision To OK Oil Well Expansion

    A local authority's decision to greenlight expansion of an oil field was unlawful and must be quashed, the U.K. Supreme Court said Thursday, ruling that the council was obliged to consider the effects of greenhouse gas emissions.

  • June 19, 2024

    Drivers Sue Amazon Over Alleged Work Visa Scam

    A group of drivers for Amazon who say they were lured to the U.K. from Spain as part of a sophisticated visa scam have filed an employment claim against the retail giant and its logistics provider.

  • June 19, 2024

    Rosling King And Ex-Client Clash Over Negligence Claim

    Tonstate Group and its former legal counsel Rosling King LLP sought Wednesday to toss parts of each other's cases in the claim by the investment company accusing the law firm of negligently managing litigation against Tonstate's ex-CEO.

Expert Analysis

  • The Unified Patent Court: What We Learned In Year 1

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    ​​​​​​​The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.

  • Decoding Arbitral Disputes: Spanish Judicial Oversight

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    The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • High Court Ruling Sheds Light On Targets For Judicial Review

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    The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.

  • Appeal Ruling Clarifies 3rd-Party Contract Breach Liability

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    The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.

  • CPR Proposal Affirms The Emphasis On Early Mediation

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    While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.

  • How Law Firms Can Handle Challenges Of Mass Claims

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    With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Insurance Ruling Stresses High Hurdle To Fix Policy Wording

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    In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.

  • Taking Stock Of Changes UK Economic Crime Act Will Bring

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    With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.

  • Sanctions Ruling Opens Door For Enforcer To Clear Up Rules

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    In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.

  • How Gov't Response Addresses Investment Act Concerns

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    The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • How Generative AI Can Enhance Disclosure Review Processes

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    As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

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