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Commercial Litigation UK

  • June 04, 2025

    UK Mortgage 'Coercion' Ruling Raises Bank Liability Risk

    A decision by the U.K. Supreme Court on Wednesday could substantially increase the liability on mortgage lenders to undertake checks on their customers, raising implications for repossessions in a move that is likely to require new rules from the Financial Conduct Authority, according to lawyers.

  • June 04, 2025

    Consultancy Sues Ex-Director For £3.6M Over Client Poaching

    A consulting firm has accused its former director of causing it to lose out on £3.6 million ($4.8 million) in revenue, arguing in a London court that his synced email calendar revealed he had conspired to steal clients.

  • June 04, 2025

    Ex-Amazon Warehouse Worker Scrapes Win Over Health Bias

    Amazon's U.K. branch has dodged most of the disability discrimination allegations brought by a former warehouse worker, with a tribunal finding that his dismissal was justified even though the company committed a misstep in how it handled his extended medical absence.

  • June 04, 2025

    Pharma Biz Denies Infringing Rival's Blood Pressure Patent

    Roma Pharmaceuticals has fought back against claims that it infringed SyriMed's blood pressure treatment patent, claiming that its rival should not have received protections because the drug was not new.

  • June 04, 2025

    Chef Wins £13K After Hotel Missed Mental Health In Firing

    An employment tribunal has awarded a chef £13,000 ($18,000) after ruling that a spa hotel failed to accommodate her disabilities during a disciplinary probe over a foul-mouthed argument — but said the company was justified in firing her.

  • June 04, 2025

    Knight Frank Can't Chuck Home REIT Fund's Conspiracy Case

    Knight Frank LLP has failed to convince a London court to toss a Home REIT sister fund's allegedly "speculative" claims of procuring breach of contract, unlawful means conspiracy and negligence over the global real estate consultancy's property valuation services.

  • June 04, 2025

    UK Bank Failed To Spot Coercion In Mortgage Case

    Britain's highest court ruled on Wednesday that a bank had a duty to check whether a woman was under the undue influence of her partner when she took out a mortgage that would be used partly to pay off her partner's debts.

  • June 03, 2025

    Irish Court Says US Co.'s Irish Units Not Owed Treaty Benefits

    Three Irish subsidiaries cannot benefit from the U.S.-Ireland tax treaty's provision of equally favorable treatment between U.S. and Irish residents because their ultimate parent entity, a Delaware financial firm, is disregarded for U.S. tax purposes, Ireland's Court of Appeal said in a judgment.

  • June 03, 2025

    Insurer Seeks £34M From Cigna For Missold PPI Complaints

    PA (GI) Ltd. said it is entitled to recover from Cigna more than £34 million ($46 million) it has spent dealing with missold payment protection insurance claims, arguing at trial on Tuesday that it dealt with those complaints in the "fairest" and "most cost-effective" way.

  • June 03, 2025

    3 Key Takeaways From The UK's Litigation Funding Review

    A government-backed review has set out 58 recommendations to reform the litigation funding sector in England and Wales, in a move that could deliver a significant boost to third-party funders after two years of uncertainty.

  • June 03, 2025

    HS2 To Pay £319K Over Whistleblower's Exclusion

    The company behind high-speed rail project HS2 has agreed to pay a former analyst more than £319,000 ($431,500) after he accused the company of excluding him from two roles following his warning that cost forecasts were being manipulated to secure funding.

  • June 03, 2025

    SRA Accuses Solicitor Of 'Antisemitic' And 'Offensive' Tweets

    The solicitors' watchdog accused a lawyer on Tuesday of making comments on social media that were "offensive" and "antisemitic" and which undermined the public trust in the legal profession.

  • June 03, 2025

    Ex-Managing Partner Loses Appeal To Ax £210K Costs Bill

    The former managing partner of a Yorkshire law firm on Tuesday lost his appeal against a £210,000 ($284,000) costs bill stemming from an earlier ruling that he hid information while off work with cancer to inflate his income.

  • June 03, 2025

    Pogust Goodhead Fired Staffer Over Conduct, Tribunal Finds

    An employment tribunal has ruled that Pogust Goodhead fired a client services supervisor because of her "extraordinary and alarming" behavior during a meeting rather than as a result of her multiple sclerosis condition, rejecting her discrimination claim.

  • June 03, 2025

    Novartis Seeks To Block Rival's Generic Blood Pressure Drug

    Novartis has asked a London court to halt a competitor's plans to sell a generic version of its blood pressure medication, arguing that a replica drug will infringe its extended patent protections over the treatment.

  • June 03, 2025

    NMC Health Fraud Was 'Systematic,' Administrator Testifies

    An NMC Health administrator on Tuesday said that the healthcare group's financial statements were "structured to conceal" the group's real financial position including $3.8 billion of unreported debt, as he testified during the London trial against the group's auditors, EY.

  • June 03, 2025

    Media Biz Founder Sues BC Partners Unit Over €200M Bonus

    A business controlled by the founder of United Group BV has accused the private equity-owned holding company of the telecommunications firm of refusing to pay a €200 million ($228 million) bonus allegedly due on the €1.5 billion sale of two subsidiaries.

  • June 03, 2025

    Mirror Accused Of Defaming Couple In 'Cancer Con' Articles

    A British couple who run a cancer healthcare facility in the U.S. have sued the publisher of the Mirror newspaper in the U.K., alleging the newspaper made false accusations that they provided counterfeit medication to patients.

  • June 03, 2025

    Ex-Pandora Boss To Blame For His Own Tax Bill, Adviser Says

    A tax adviser has denied exposing the former president of jewelry giant Pandora, Peter Andersen, to significant liabilities tied to a €2.2 million ($2.5 million) French property deal, saying that any losses were caused by the ex-chief's deliberate and independent decisions.

  • June 03, 2025

    Italy Gets €190M Offshore Energy Award Nixed

    Italy on Monday succeeded in convincing an annulment panel to nix a controversial €190 million ($216.3 million) arbitral award issued to a British energy company after the country banned oil and gas projects off its coastline, an award that helped fuel a movement against investor-state arbitration in the European Union.

  • June 03, 2025

    UK Gov't Backs Legal Tech To Modernize Dispute Resolution

    The government is committed to investing in legal technology as part of its growth agenda and to help ensure that dispute resolution "evolves with the times," a minister told a legal conference in London on Tuesday.

  • June 03, 2025

    UK Threatens To Sue Abramovich Over Chelsea FC Sale

    The government has threatened to sue Roman Abramovich to make sure that £2.5 billion ($3.4 billion) made from the sale of Chelsea Football Club is used to support humanitarian aid in Ukraine.

  • June 02, 2025

    Tennis Coach Loses Sex Bias Claim Over Photo Shoot  

    An employment tribunal has dismissed a tennis coach's sex bias claims over a photo shoot featuring a male coach, ruling that the nonprofit organization hadn't specifically invited men but had taken pictures of available staff. 

  • June 02, 2025

    Remote Workers Take German Tax Case To EU's Top Court

    The European Court of Justice said Monday it will hear the case of two taxpayers against a German regional tax authority over whether Swiss residents working remotely are taxable in Germany.

  • June 02, 2025

    Ex-Law Firm Boss Loses 2nd Bid For Solicitor Reinstatement

    A former law firm owner and equity partner has lost a second attempt to regain authorization to work as a solicitor after he was struck off for being dishonest and failing to spot fraud, with a tribunal ruling on Monday that his latest bid was "premature."

Expert Analysis

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Decoding UK Case Law On Anti-Suit Injunctions

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    The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

  • EU Product Liability Reforms Represent A Major Shakeup

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    The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.

  • Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer

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    An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.

  • Building Safety Ruling Offers Clarity On Remediation Orders

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    The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • EU Report Is A Valuable Guide For Data Controllers

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    The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • Employers Can 'Waive' Goodbye To Unknown Future Claims

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    The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Ruling Elucidates Tensions In Assessing Employee Disability

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    An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.

  • What Extending Corporate Liability Will Mean For Foreign Cos.

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    Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.

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