Commercial Litigation UK

  • May 17, 2024

    Red Bull Fends Off 'Gives You Wings' TM Challenge

    Red Bull has beaten a challenge to its "Gives You Wings" trademark after the energy drink giant convinced an appellate panel at the European Union Intellectual Property Office that it had genuinely used the trademark to promote the beverage.

  • May 17, 2024

    Unite, GMB Unions Lose Pay Claim Against Housing Co.

    More than 100 trade union members at a housing association have lost their employment tribunal claim accusing their employer of ducking out of pay negotiations after the tribunal found the charity did not intend to "narrow" the negotiations.

  • May 17, 2024

    Sports Direct Loses Newcastle Replica Kit Injunction Bid

    Sports Direct has failed to force Newcastle United to stock its stores with replica kits of the Premier League football club, as an appeals court found Friday that the damage caused by a wrongly granted injunction would be "more fundamental" to the club.

  • May 17, 2024

    Risk For Employers As Bar For Protected Belief Claims Shifts

    Employees face a low bar to gaining legal protection for objectionable views, as lawyers say it has become almost impossible for employers to distinguish philosophical beliefs akin to religion from politicized public debates.

  • May 17, 2024

    Sanctions Ruling Clarifies Force Majeure Contractual Rights

    A decision by Britain's highest court that a shipowner could reject a client's attempt to sidestep payment restrictions imposed by U.S. sanctions has implications for disputes over force majeure clauses sparked by the effects of those measures, the war in Ukraine and the COVID pandemic on supply chains.

  • May 17, 2024

    Exec Was Fired Because His Wife Had Cancer, Tribunal Rules

    The head of sales for a Hong Kong software company has won more than £90,000 ($114,000) after he was fired because his wife had terminal breast cancer.

  • May 17, 2024

    Disabled NHS Therapist Loses Forced Resignation Claim

    A therapist has lost all her claims against an NHS trust after an employment tribunal ruled that her bosses had done their best to accommodate her disabilities during the COVID-19 pandemic.

  • May 17, 2024

    Post Office Used Womble Bond To Avoid Looking Like 'Bullies'

    The Post Office retained Womble Bond Dickinson in a civil case brought by victims of the Horizon scandal because a more aggressive law firm might make it look like "bullies," an executive for the organization told an inquiry Friday.

  • May 17, 2024

    Local Authorities Bid To Toss Truck Makers' Pass-On Defense

    A lawyer acting for 136 local authorities across the U.K. urged a tribunal on Friday to prevent European truck manufacturers from arguing that they passed on higher costs allegedly paid for vehicles through higher tax and service charges for residents.

  • May 17, 2024

    Translation Lecturer At SOAS Loses Race Discrimination Case

    A professor has lost her claim for racial discrimination and harassment against her London university, as a tribunal found that a colleague speaking with her about a Japanese restaurant was not being detrimental and that the exchange did not constitute discrimination.

  • May 16, 2024

    Post Office's Ex-IT Head Says She Blocked Ex-CEO Requests

    The Post Office's former head of information technology said she blocked phone communication from former chief executive Paula Vennells after Vennells contacted her for help to "avoid an independent inquiry" into the wrongful prosecutions of sub-postmasters, according to a document made public in the probe Thursday.

  • May 16, 2024

    Tesco Warehouse Staff Lose 'Hopeless' Claims Against Union

    A trade union successfully struck out negligence and breach of duty claims brought against it by two Tesco warehouse workers over a preceding collective agreement, after a London court ruled that they had "no real prospect of succeeding."

  • May 16, 2024

    Bayer Fights To Overturn Xarelto Blood Thinner Patent Loss

    Pharma giant Bayer AG took its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto to the Court of Appeal on Thursday, saying the lower court was wrong to nix the patent and that it does contain an important inventive step.

  • May 16, 2024

    TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs

    A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.

  • May 16, 2024

    NCA Says Uyghur Cotton Probe Would Soon Unravel

    The National Crime Agency defended on Thursday its decision to refuse to investigate imported cotton produced in a Chinese province with forced labor, telling an appeals court that it would be kneecapped by the difficulty of separating legal goods from criminal property.

  • May 16, 2024

    No Docs Due To 6,000 Tesco Workers In Equal Pay Case

    Thousands of Tesco workers lost their appeal on Thursday for correspondence between the supermarket and other equal pay claimants.

  • May 16, 2024

    Russian Wealth Fund Fails To Curb EU Sanctions

    The European Union's General Court has upheld sanctions against a Russian sovereign wealth fund, ruling it is the "archetypal" company for attracting international investors who sustain the country's war in Ukraine.

  • May 16, 2024

    M&G Accounts Manager Wins £13K Over Resignation Dispute

    An accounts manager at M&G PLC has won more than £13,000 ($16,500) after an employment tribunal found that the company wrongly refused to let him see out his 12-week notice period while on garden leave.

  • May 16, 2024

    EUIPO Didn't Deny Fair Hearing To TM Opponent, Court Says

    An industrial technology company has survived a challenge to its "UC" trademark hopes as an opponent failed to persuade a European Union court that officials had failed to handle his case fairly in earlier proceedings.

  • May 15, 2024

    800 Drivers Join Minimum Wage Claim Against Used Car Biz

    More than 800 drivers have joined the legal battle against a secondhand car dealer to be classified as "workers," in a bid for minimum wage and paid holidays, the law firm steering the action said on Thursday.

  • May 15, 2024

    Justices Mull What Defines A Computer In AI Appeal

    A London appeals court grappled Wednesday with what exactly constitutes a "computer" under patent law, as counsel for an AI company attempted to convince the courts to let be a ruling that held its AI invention is neither a computer nor a program, and therefore patentable.

  • May 15, 2024

    AbbVie Unit Protects 'Juvéderm' Cosmetics TM At EU Court

    An AbbVie unit on Wednesday fought off a challenge to its "Juvéderm" trademark at a European Union court, convincing officials that it did not monopolize the dermal filler brand in bad faith to capitalize on its opponent's earlier use of the brand name in Lebanon.

  • May 15, 2024

    Uyghur Group Fights To Revive Bid For Chinese Cotton Probe

    Campaigners for the Uyghurs told an appellate court Wednesday that Britain was wrong to refuse to launch a broad investigation into imported cotton produced in China with forced labor rather than specific shipments, arguing that the decision could create a market for criminal property.

  • May 15, 2024

    Food Supplier's £1.1M Suit Alleges Ex-Director Inflated Price

    A food product company has alleged its former director owes it over £1.1 million ($1.4 million) for devising a scheme to artificially inflate suppliers' costs and pocketing the difference between the real price.

  • May 15, 2024

    Crypto 'Academy' Closed After Probe Into False Assurances

    A cryptocurrency firm that "recklessly" persuaded customers to put money into investment plans has been wound up after the government's insolvency agency found that the company had given false assurances and traded without regulatory approval.

Expert Analysis

  • Trial By AI Could Be Closer Than You Think

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    In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.

  • Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds

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    With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.

  • Nix Of $11B Award Shows Limits Of Arbitral Process

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    A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.

  • How The Netherlands Became A Hub For EU Class Actions

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    As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.

  • Navigating The Novel Challenges Facing The Legal Profession

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    The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.

  • New Fixed Costs Rules May Have Unforeseen Consequences

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    The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.

  • A Look At Enforcing And Contesting Arbitral Awards In Qatar

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    As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.

  • Deal Over Jets Stranded In Russia May Serve As Blueprint

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    In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.

  • Oil And Gas Case Highlights Judicial Review Climate Trends

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    Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.

  • Collapse-Risk Buildings Present Liability Challenges

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    Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.

  • Age Bias Cases Illustrate Key Employer Issues On Retirement

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    Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.

  • Why Indonesia Feels Frustrated By Airbus Dispute Outcome

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    Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.

  • UAE Bank Case Offers Lessons On Enforcing Foreign Rulings

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    The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.

  • 9 Hallmarks Of The New German Class Action Regime

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    By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.

  • Protecting The Arbitral Process In Russia-Related Disputes

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    Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.

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