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Commercial Litigation UK
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May 08, 2025
Ex-Man United Goalkeeper Saves 'DDG' Trademark
Former Manchester United goalkeeper David de Gea Quintana has kept his hands on a trademark bearing his initials "DDG," despite attempts by a German board games company to convince a European court it is too much like its "DOG" mark.
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May 08, 2025
The Times Pays Pogust Goodhead Damages Over BHP Article
The Times newspaper has apologized to Pogust Goodhead for falsely suggesting that the law firm had pressured clients to reject a settlement offer in their £36 billion ($48 billion) Brazilian dam collapse claim against global mining giant BHP.
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May 08, 2025
Aon Sued For $1.3M By Ex-Exec Over 'Unpaid' Bonus, Stock
Aon's former insurance consulting chief has sued for more than $1.3 million worth of bonus and stock options, accusing the company of failing to live up to the original deal he negotiated when he joined from Willis Towers Watson.
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May 08, 2025
HKA Argues It Can Sue Ex-Partners Who Left For Rival
HKA Global LLC has told a London court that two former partners it is pursuing in Delaware for millions of dollars after they moved to a competitor are bound by noncompete clauses which protect the company's "obviously" legitimate business interests.
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May 08, 2025
Franco Manca Owner Settles COVID-Cover Fight With QIC
The owner of popular high-street pizzeria Franco Manca has agreed to settle its dispute with QIC Europe Ltd. over losses the restaurant chain claimed to have suffered after it temporarily closed sites at the height of the COVID-19 pandemic.
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May 07, 2025
AmTrust Hit With £11.7M Claim Over Post-Grenfell Repairs
A social housing provider has sued AmTrust Europe Ltd. for over £11.7 million ($15.6 million) for allegedly refusing to pay out to fix issues the provider uncovered during an investigation prompted by the deadly Grenfell fire in 2017.
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May 07, 2025
UK Supreme Court Boosts Creditor Protection In Fraud Cases
Britain's highest court has handed administrators more power to pursue businesses that turn a blind eye to fraud, with a ruling on Wednesday that will bolster protection for creditors and could raise the stakes for companies flying too close to the wind, lawyers say.
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May 07, 2025
Leigh Day Can't Ax £26M Negligence Claim Over Clinical Case
Leigh Day can't strike out a former client's £26 million ($34.7 million) professional negligence claim after failing to convince a London court that the allegations are time-barred and have no real prospect of succeeding.
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May 07, 2025
Construction Biz Denies Owing Costs For Rival's Lost Sales
A construction product company has told a London court that its rival deserves only minimal compensation for its infringement of a wall paneling patent, claiming the competitor licensed the patent but never sold the product itself.
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May 07, 2025
Solicitor Wins Unpaid Wages From Shuttered Ex-Firm
An employment tribunal has awarded a former solicitor at a defunct law firm in northwest England more than £4,000 ($5,346) in unpaid wages and other entitlements.
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May 07, 2025
RFB Beats Ex-Partner's Claim He Was Ousted By Boss
The ex-head of employment law at Ronald Fletcher Baker LLP has lost his claim that he was forced to quit by the conduct of its former managing partner, after an employment tribunal rejected his allegation that he was demoted unfairly and exposed to bullying.
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May 07, 2025
Daily Mail Says Celebs Should Reveal 'Watershed Moments'
The publisher of the U.K.'s Daily Mail urged a judge Wednesday to order celebrities who are suing the company over allegedly committing unlawful acts against them, to disclose when they were told the information that caused them to make their claims.
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May 07, 2025
Consultant Disputes Golf Retailer's VAT Invoice Claim
A former consultant to a U.K. golf retailer on Wednesday disputed the company's allegations in London court that he overcharged it nearly $1 million and failed to pay value-added tax to HM Revenue & Customs.
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May 07, 2025
Disclosure Blunder Boosts Northern & Shell In Lottery Case
Northern & Shell PLC can use a trove of privileged documents accidentally revealed to its lawyers by Britain's gambling regulator through a bungled disclosure process in its case over the award of the National Lottery license, a court has ruled.
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May 07, 2025
Gas Co. Wins Cash From Staffer Who Took 2nd Job While Sick
Gas distributor SGN has won compensation from a former employee after persuading a tribunal that he had fraudulently claimed sick pay while working a second job at a competing company.
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May 07, 2025
Top UK Court Expands Fraud Liability In Carbon Credits Case
Britain's highest court ruled Wednesday that a major brokerage firm can be held liable for millions of pounds owed to Britain's tax collector from a carbon credits tax fraud, a decision that could expand the reach of insolvency proceedings.
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May 06, 2025
Russia Loses DQ Bid In Ukraine Case Over Arbitrator's Tweet
An international tribunal has voted by majority to reject Russia's bid to disqualify an arbitrator appointed to oversee Ukraine's claim against Moscow over the detention of Ukrainian naval vessels and servicemen, a challenge based in part on a social media post made by the arbitrator in Feb. 2022.
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May 06, 2025
Souvenir Seller Admits Paddington Bear Copyright Violations
A London-based souvenir company accused of selling unauthorized Paddington Bear merchandise has admitted that it was behind the sale of some items featuring the famous bear — but says it wasn't responsible for all the infringing products.
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May 06, 2025
CNN Loses Bid To Block Journalist From Suing It In UK
An Employment Appeal Tribunal upheld Tuesday the right of journalist Saima Mohsin to pursue claims of discrimination and unfair dismissal against CNN's international arm in England, despite her contract being governed by U.S. law and most of her work having taken place in Asia.
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May 06, 2025
Prince Harry Demands Daily Mail Reveal 'Web Of Illegal Acts'
Public figures including Prince Harry and Elton John urged a judge on Tuesday to force the publisher of the Daily Mail newspaper to hand over more information about what they allege was a "web of illegal acts" committed against them.
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May 06, 2025
HSBC Settles Reporting Whistleblowing Fight With Ex-Exec
HSBC Bank PLC on Tuesday settled its dispute with a former senior employee who had accused the retail banking giant of firing him for making protected disclosures about the lender's alleged capital reporting failings.
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May 06, 2025
Lewis Silkin Says Property Sale Advice Was Not Its Job
Lewis Silkin LLP said it was never hired to advise a developer on the sale of a former car dealership, denying his bid for up to £8.7 million ($11.6 million) in alleged losses from a rushed sale.
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May 06, 2025
Marsh Blamed For $143M Loss On Greensill As Trial Opens
The investment firm White Oak said it would never have invested in a financial scheme set up by now-collapsed Greensill Capital if it had not relied on misleading statements provided by the insurance broker Marsh about its cover, the firm's lawyers said at the opening of an almost $143 million trial Tuesday.
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May 06, 2025
Law Commission Sued For Bias Over Recruiting Test Aid Fail
An aspiring researcher for the Law Commission argued Tuesday that she should be able to sue the organization for disability discrimination after it declined to provide her with adjustments for her reduced vision during an online recruitment test.
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May 06, 2025
Bahamas Businessmen Challenge £2.7M Yacht Sale Verdict
Two Bahamas businessmen told the Judicial Committee of the Privy Council Tuesday that the undervalued sale of a yacht intended to pay off their loan to a subsidiary of Caterpillar Inc. left them unfairly liable for the extra cash that the deal should have covered.
Expert Analysis
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.
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Putin Ruling May Have Unintended Sanctions Consequences
By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.
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EPO Decision Significantly Relaxes Patent Priority Approach
In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.
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Landmark EU Climate Case May Shape Future Disputes
The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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Bias Claim Highlights Need For Menopause Support Policies
The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.
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UK Case Offers Lessons On Hiring Accommodations
The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.
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Shifting From Technical To Clear Insurance Contract Wordings
Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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How Employers Can Support Neurodiversity In The Workplace
A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.
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What's In The Plan To Boost Germany's Commercial Litigation
Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.
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What To Consider When Making Brand Sustainability Claims
A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.
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Retained EU Law Act Puts Employment Rights Into Question
The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.
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In Balancing Commerce And Privacy Interests, Consent Is Key
Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Recent Trends In European ESG-Related Shareholder Activism
New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.