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Commercial Litigation UK
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June 12, 2025
Lost Russian Jets Ruling Has Global Implications For Insurers
A London court ruling that major insurers must compensate aircraft lessors for planes seized by Russia will provide useful support for companies seeking repayments for assets stranded in conflict zones with little probability of their return.
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June 12, 2025
Greeting Card Biz Exec's Firing Was Tied To £1 Share Grab
An Employment Tribunal has ruled that a co-founder and long-time managing director of a greeting card business was unfairly dismissed in a calculated and premeditated move by its new majority owners at a private investment firm.
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June 12, 2025
Reed Smith Appoints New Head Of Its Frankfurt Office
Reed Smith LLP said Thursday that it has appointed debt finance specialist Oliver Hahnelt as the managing partner of its office in Frankfurt following the departure of its previous incumbent.
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June 12, 2025
10,000 Wilko Workers Win £2M Payout Over Consultation Fail
Home goods retailer Wilko will pay a total of £2 million ($2.7 million) to more than 10,000 former staff whom it failed to properly consult about redundancies before it went bust in 2023, trade union GMB announced Thursday.
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June 11, 2025
Russia Must Face $5B Yukos Award Suit, DC Judge Rules
At D.C. federal judge on Wednesday denied Russia's bid to nix litigation filed by the financing arm of Yukos Oil Co. to enforce a nearly $5 billion arbitral award, saying the Kremlin's jurisdictional objections fell short.
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June 11, 2025
Coinbase Loses 'Bad Faith' TM Clash With Rival At EU Court
A European Union court tossed Coinbase's latest attempt to void a Japanese crypto exchange's "coinbase" trademark on Wednesday, ruling there was no proof the company acted in bad faith by registering the mark.
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June 11, 2025
EuroChem Fights Banks Over €212M Bonds In Sanctions Row
A Russian subsidiary of fertilizer producer EuroChem accused two European banks of using the pretext of sanctions imposed after the invasion of Ukraine to "never" pay out on €212 million ($244 million) in bonds, on the first day of a High Court trial Wednesday.
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June 11, 2025
Academics Lose Bias Claim Over Gender-Critical Film
The University and College Union has beaten allegations from two university academics and union members accusing the union of discrimination and harassment over its criticism that a film they directed was transphobic.
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June 11, 2025
UBS Sues Chelsea Group For $20.6M Over Greensill Deal
UBS' asset management unit has brought a $20.6 million claim in an English court against three companies in a Cyprus-based group alleging unpaid debt resulting from a supply chain finance deal with the now-defunct Greensill Capital.
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June 11, 2025
Man Group Exec Loses Whistleblowing Retaliation Claim
An employment tribunal has ruled that a former chief people officer at Man Group did not actually blow the whistle about email monitoring practices because she knew at the time that the system was legal.
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June 11, 2025
Ex-Yodel Director Can't Halt InPost Acquisition Transformation
Companies controlled by the ex-director of Yodel on Wednesday lost their bid to block Yodel from transforming after its acquisition by InPost SA, with a London court refusing to stop changes pending a battle for control of the package delivery company.
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June 11, 2025
Accountant Gets Maternity Bias Payout Boosted To £32K
A property development company must pay its former accountant £31,900 ($43,200) for maternity discrimination after she won her appeal against an initial figure of £5,000, a tribunal has ruled.
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June 11, 2025
Baklava Biz Denies Trying To Pass As Established Coffee Co.
A London dessert shop has denied claims that it copied the trademarks of a 150-year-old Turkish coffee brand to mislead consumers into buying baklavas and other regional treats.Â
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June 11, 2025
Michelle Mone-Linked PPE Firm Faces Trial Over £122M Deal
The U.K. government said a medical equipment company linked to Conservative peer Michelle Mone should pay back £122 million ($164.6 million) for breaching a deal to supply surgical gowns during the early days of the COVID-19 pandemic, at the start of a trial Wednesday.
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June 11, 2025
Pogust Goodhead Denies Seladore's Bid For £2M Success Fee
Pogust Goodhead has denied that it owes Seladore Legal more than £2.2 million ($3 million) amid an ongoing dispute over alleged unenforceable retainers and success fees stemming from litigation against mining giant BHP over the collapse of the Fundão dam.
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June 11, 2025
War Risk Insurers Held Liable For Jets Stranded In Russia
Major insurers are liable to payout in a multibillion-dollar dispute over hundreds of aircraft stranded in Russia following the invasion of Ukraine in 2022, after a London judge ruled on Wednesday that the jets and engines are officially lost.
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June 10, 2025
UK Refiner Wins A Round In $200M EU Energy Tax Dispute
An international tribunal has ruled that a British oil refiner's claim challenging a €175 million ($200 million) windfall tax in Europe will proceed without bifurcation, concluding that jurisdictional objections lodged by Germany, Denmark and the European Union should be weighed concurrently with the merits.
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June 10, 2025
Yukos Says $5B Russia Award Suit Must Proceed
Yukos Oil Co.'s financing arm has told a D.C. federal court that a recent U.S. Supreme Court decision rejecting the Ninth Circuit's outlier interpretation of a jurisdictional question moots Russia's request that the court pause enforcement of a $5 billion arbitral award against the country.
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June 10, 2025
Innsworth Seeks Review Of £200M Mastercard Settlement Split
Litigation funder Innsworth announced Tuesday it was launching a High Court challenge to how the Competition Appeal Tribunal decided to distribute a £200 million ($270 million) settlement reached between Mastercard and Walter Merricks to end litigation over credit card fees.
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June 10, 2025
Virgin Atlantic Beats Flight Attendant's Disability Bias Claims
An employment tribunal has tossed a flight attendant's suite of disability discrimination and harassment claims against Virgin Atlantic Airways, finding no evidence that her rare genetic condition caused her day-to-day issues.
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June 10, 2025
CMS Faces £10M Negligence Claim Over Investec Debt Advice
A property developer has alleged that law firm CMS owes him at least £10 million ($14 million) for negligent advice concerning a debt-restructuring plan that he says he never would have agreed to if he had been given proper warning.
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June 10, 2025
Mass Litigation Could Cost UK Economy £18B, Report Warns
A think tank has called on U.K. policymakers to urgently regulate the litigation funding sector, publishing a report Tuesday warning that a trend of increasing group litigation could eventually cost the British economy up to £18 billion ($24.3 billion).
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June 10, 2025
DHL British Unit On Hook For £3M In Duties, Court Says
A tax tribunal did not err when it upheld HM Revenue & Custom's decision to deny about £3 million ($4 million) in duty relief to cargo aircraft operated by DHL's British affiliate, a U.K. court said, dismissing the company's appeal.
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June 10, 2025
Gambling Watchdog Faces Challenge To £70M Lottery Subsidy
Publishing group Northern & Shell PLC has asked a London appeals tribunal to bin a decision by Britain's gambling regulator to give Camelot UK Lotteries Ltd. more than £70 million ($94 million) to help with marketing and promoting the National Lottery.
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June 10, 2025
Greensill Says He Was Trapped In Katerra Restructuring Deal
Lex Greensill said Tuesday that he was "between a rock and a hard place" in a restructuring deal involving his eponymous firm and SoftBank, a Japanese investment company, as the former banker gave evidence in a $440 million trial in London of a claim brought by a collapsed Credit Suisse fund.
Expert Analysis
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Proposed Amendment Would Transform UK Collective Actions
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.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
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.
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Employment Law Changes May Increase Litigation In 2024
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.
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How 'Copyleft' Licenses May Affect Generative AI Output
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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UK Compulsory Mediation Ruling Still Leaves Courts Leeway
An English Court of Appeal recently issued a landmark decision in Churchill v. Merthyr Tydfil County, stating that courts can compel parties to engage in alternative dispute resolution, but the decision does not dictate how courts should exercise this power, which litigants will likely welcome, say lawyers at Herbert Smith.
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Russia Ruling Shows UK's Robust Jurisdiction Approach
An English High Court's recent decision to grant an anti-suit injunction in the Russia-related dispute Renaissance Securities v. Chlodwig Enterprises clearly illustrates that obtaining an injunction will likely be more straightforward when the seat is in England compared to when it is abroad, say lawyers at Linklaters.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.
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PPI Ruling Spells Trouble For Financial Services Firms
The Supreme Court's recent decision in Canada Square v. Potter, which found that the claimant's missold payment protection insurance claim was not time-barred, is bad news for affected financial services firms, as there is now certainty over the law on the postponement of limitation periods, rendering hidden commission claims viable, say Ian Skinner and Chris Webber at Squire Patton.
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UPC Decision Highlights Key Security Costs Questions
While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.
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Extradition Ruling Hints At Ways Around High Burden Of Proof
The U.K. Supreme Court's recent ruling in Popoviciu v. Curtea De Apel Bucharest confirmed that, in a conviction extradition case, the requested person must establish a flagrant violation of their right to a fair trial, but the court's reasoning reveals creative opportunities to test this boundary in the U.K. and Strasbourg alike, says Rebecca Hughes at Corker Binning.
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IP Ruling Could Pave Way For AI Patents In UK
If implemented by the U.K. ÃÛÌÒÊÓÆµ Office, the High Court's recent ruling in Emotional Perception AI v. Comptroller-General of Patents, holding that artificial neural networks can be patented, could be a first step to welcoming AI patents in the U.K., say Arnie Francis and Alexandra Brodie at Gowling.
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UK Review May Lead To Lower Investment Screening Burden
The government’s current review of national security investment screening rules aims to refine the scope of mandatory notifications required for unproblematic deals, and is likely to result in much-needed modifications to minimize the administrative burden on businesses and investors, say lawyers at Simpson Thacher.
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What Prince Harry Privacy Case May Mean For Media Ethics
An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.
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How European Authorities Are Foiling Anti-Competitive Hiring
Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.
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When Can Bonuses Be Clawed Back?
The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.