Commercial Litigation UK

  • July 12, 2024

    NFU Mutual Sued For £10.5M Over COVID Business Losses

    A group of hospitality and farming businesses have sued the National Farmers Union Mutual Insurance Society Ltd. for around £10.5 million ($13.6 million) to cover losses the companies allegedly suffered from closures during the COVID-19 pandemic.

  • July 12, 2024

    Rock Bands Sue PRS Over 'Abusive' Music Licensing Regime

    Three rock bands and their rights management company have sued the Performing Right Society at a London court for allegedly abusing its dominant market position by imposing onerous fees and requirements on its members.

  • July 12, 2024

    Oil Co. Loses Bid To Alter £43M Legal Bills In $11B Nigeria Win

    The Court of Appeal refused on Friday to change the currency used in the payment of Nigeria's legal costs arising from an $11 billion battle over a fraudulent arbitration award for the "straightforward" reason that the solicitors' invoices are in sterling.

  • July 12, 2024

    Judicial Diversity Data Finds Small Gains For Ethnic Minorities

    More work needs to be done to accelerate improvements in judicial diversity, lawyers groups have said, as industry statistics reveal that little has changed in representation of ethnic minorities and that solicitors still trail behind barristers in recruitment.

  • July 12, 2024

    Axiom Owes Ex-Staff £37K In Redundancy, Notice Payments

    A tribunal has ruled that Axiom Ince must pay two more former staff a total of at least £36,700 ($47,500) in redundancy and notice payments, with one of the ex-employees also winning compensation for breaches of trade union rules when the firm collapsed.

  • July 11, 2024

    Avionics Companies Say Lufthansa Can't Amend Patent Claim

    A Panasonic subsidiary and an Astronics unit urged a London court on Thursday to block German airline Lufthansa from being allowed to amend its claim in a long-running patent spat, saying the late change would place their case "at risk."

  • July 11, 2024

    Volvo Wasn't Properly Served In Cartel Case, ECJ Says

    The European Union's top court ruled Thursday that Volvo was not validly served when documents were sent to its Spanish subsidiary, in a major setback for a competition damages claim in the Iberian country.

  • July 11, 2024

    Consumer Groups Get EU Court's OK To Bring Data Claims

    Representative organizations can bring privacy litigation for individuals if the organizations can prove a breach resulted from the processing of personal data, the European Union's top court ruled Thursday in tech giant Meta's dispute with a German consumer rights body.

  • July 11, 2024

    Former EuroChem CEO Escapes EU Sanctions

    The European General Court has lifted sanctions on the former chief executive officer of Russian fertilizer manufacturer EuroChem, finding there is not enough evidence to show the businessman is still involved in sectors generating revenue for the Russian government.

  • July 11, 2024

    Medical Device Maker Defends Bladder Stone Removal IP

    A Chinese medical device maker has hit back at a rival's bid to invalidate its patent for a suction device to remove bladder stones, saying that it is new and doesn't add extra subject matter.

  • July 11, 2024

    NCA Can Seize Money Linked To £55M Tax Scam

    A 13-year money laundering investigation involving a lottery winner, a bomb hoax and a £55 million ($71 million) tax fraud neared its end at a London court on Thursday as a judge ordered funds from three defunct companies to be forfeited to the National Crime Agency.

  • July 11, 2024

    BHS Liquidators Sue Former Owner For Role In £133M Loss

    Liquidators for BHS have sued its former owner in their latest effort to recover money after the high street chain's £133 million ($171 million) collapse, telling a London court that the law firm partner had wrongly pocketed millions of pounds of the company's cash.

  • July 11, 2024

    Barclays Sued By Trader For Suspending Investor's Account

    Barclays is being sued for allegedly blocking a customer from trading on the bank's investor platform and failing to tell the market trader when selling could resume, losing him £6.7 million ($8.6 million) in profit.

  • July 10, 2024

    Arabic Tea Seller Wins EU TM Bid On Appeal

    An Arabic-style food shop won its bid Wednesday to reinstate a trademark covering tea with the words "Al Assad" and "Thé Vert de Chine," after a European court ruled that buyers would differentiate it from a rival's mark.

  • July 10, 2024

    CMA Bids To Reverse Nixed £100M Fine In Drug-Pricing Case

    The U.K.'s competition watchdog on Wednesday sought to overturn a ruling that upended more than £100 million ($128.4 million) in fines against drug companies for allegedly reaching agreements related to hydrocortisone tablets, in a major case for U.K. competition law.

  • July 10, 2024

    Beverly Hills Polo TM Owner Can't Overturn Polo Club Ruling

    The owner of trademark rights for the Beverly Hills Polo Club fashion brand failed to convince an appellate court that the existence and activities of other polo-themed trademarks was irrelevant to its infringement claim.

  • July 10, 2024

    Music Distributor Says Contract Claim A Minor Complaint

    Sheet music distributor Hal Leonard has told a U.K. classical music publisher that accusations it failed to improve sales and generate royalties are off-key, especially since Hal Leonard says it went beyond its obligations to promote and sell the music.

  • July 10, 2024

    HMRC, CPS Beat Financier's Claim Over Botched Prosecution

    HM Revenue and Customs and the Crown Prosecution Service have beaten claims of malicious prosecution and misfeasance in public office by a corporate financier following a failed criminal fraud case, with a judge finding that they had enough evidence to pursue him.

  • July 10, 2024

    Nursery Gets 2nd Shot To Fight Font Size Discrimination Case

    A nursery won a shot on Wednesday at overturning a ruling that it discriminated against a staffer with poor vision by using a standard font size in documents, with an appeals tribunal questioning an earlier decision that the use of the "small" font size was unjustified.

  • July 10, 2024

    Whistleblowing Trainee At Defunct Law Firm Wins £36K

    An employment tribunal has ordered an insolvent law firm to pay more than £36,000 ($46,200) to a trainee it dismissed after she blew the whistle on its "chaotic" operations to the industry regulator.

  • July 10, 2024

    Uni Students Can't Bring Group Action Over COVID Disruption

    A court blocked thousands of students on Wednesday from coming together as a single group to sue a top U.K. university for allegedly failing to provide campus-based tuition during the COVID-19 pandemic, because it would cause unnecessary delays and costs to proceedings.

  • July 10, 2024

    Citi Rebuked Over Botched Misconduct Probe Into Trader

    A decision by Citigroup to fire a trader amid allegations that he had given misleading updates on deals was unfair because its probe was plagued by delays and led to an unreasonable finding of gross misconduct, a tribunal has ruled.

  • July 10, 2024

    Pfizer, BioNTech Fight To Invalidate CureVac COVID Patents

    Pharma giants Pfizer and BioNTech urged a London court on Wednesday to invalidate COVID-19 vaccine patents owned by a German company, saying the rival vaccine patent should be nixed because it does not involve any novel inventive step.

  • July 10, 2024

    Finance Co. Can't Escape Liability In £1.7M Failed Investments

    A finance company has failed to duck liability for botched property investments worth approximately £1.7 million ($2.2 million) as a London appeals court found the firm had accepted responsibility for another business to arrange the deals.

  • July 10, 2024

    BA Must Pay Canceled Flight Claim Over Sick Off-Duty Pilot

    The U.K. Supreme Court ruled Wednesday that British Airways cannot refuse to pay out compensation to passengers of a canceled flight, finding that it does not constitute an "extraordinary circumstance" if a pilot falls sick before take off.

Expert Analysis

  • 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.

  • New Directors' Code Of Conduct May Serve As Useful Guide

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    Although the Institute of Directors’ current proposal for a voluntary code of conduct is strongly supported by its members, it must be balanced against the statutory requirement for directors to promote their company’s success, and the risk of claims by shareholders if their decisions are influenced by wider social considerations, says Matthew Watson at RPC.

  • Lego Ruling Builds Understanding Of Design Exam Process

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    In Lego v. Guangdong Loongon, the European Union Intellectual Property Office recently invalidated a registered design for a toy figure, offering an illustrative guide to assessing the individual character of a design in relation to a preexisting design, says Christoph Moeller at Mewburn Ellis.

  • Contractual Drafting Takeaways From Force Majeure Ruling

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    Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.

  • 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.

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