Commercial Litigation UK

  • June 20, 2024

    Top EU Court Clarifies UK Interest In TM Claims Post-Brexit

    The European Union's top court has backed a prior ruling holding that a U.K. trader's interest in bringing trademark opposition proceedings against an EU application should not disappear after the U.K.'s departure from the European Union.

  • June 20, 2024

    Group Can Challenge UK Policy's Exclusion Of Onshore Wind

    Campaigners can challenge the government's decision to exclude onshore wind from its renewable energy policy, after a judge ruled at a hearing Thursday that their claim it breached the U.K.'s climate obligations is arguable.

  • June 20, 2024

    Next Copied Diamond Logo For Its Reputation, Rival Claims

    Next Retail sports clothing brandishing a black diamond took advantage of a global outdoor business' very similar logo in an attempt to "live dangerously" and ride off its rival's reputation, according to a London court claim.

  • June 20, 2024

    Academic Revives Sex Bias Claim Over Absences

    A university lecturer has won his bid to revive his claim he was discriminated against as a man after an appellate tribunal found an initial ruling failed to properly identify his complaints.

  • June 20, 2024

    Ex-Racecourse Assoc. Worker Can Revive Maternity Bias Case

    An accountant won her bid on Thursday to revive her pregnancy discrimination case, with an appeals panel saying an employment tribunal failed to consider whether her redundancy was legitimate or, as she claimed, the result of maternity discrimination. 

  • June 20, 2024

    Mastercard Settles Retailers' Swipe Fees Group Litigation

    Mastercard has settled a class action claim brought by more than 1,900 businesses in ongoing litigation over allegations it imposed excessively high credit card fees on merchants, a person familiar with the case has confirmed.

  • June 20, 2024

    Womble Bond Denies Fault In Failed £126M Property Deal

    Womble Bond Dickinson (UK) LLP has denied botching a £126 million ($160 million) London property redevelopment project and said it advised competently on the instructions of a businessman who abandoned the deal because the market looked bad.

  • June 20, 2024

    Builder.ai Loses 'Builder' TMs In Infringement Claim With Rival

    App-building tech company Engineer.ai Global Ltd. lost its trademark battle with an Indian rival over the alleged exploitation of its "Builder" sign on Wednesday, losing trademark protection for its branding across a host of computer-related classes.

  • June 20, 2024

    Law Firm Wrongly Axed Pregnant Lawyer's Promotion

    A law firm discriminated against a solicitor when it withdrew its offer to promote her to director after learning she was pregnant and later fired her, an employment tribunal has ruled.

  • June 20, 2024

    UK Gov't Must Face War Crime Libel Claim, Top Court Rules

    A Bangladesh-born British citizen can revive his libel claim over a Home Office report that said he was guilty of war crimes after the U.K. Supreme Court ruled Thursday that it was not an abuse of process, allowing it to continue to trial.

  • June 20, 2024

    Top UK Court Quashes Decision To OK Oil Well Expansion

    A local authority's decision to greenlight expansion of an oil field was unlawful and must be quashed, the U.K. Supreme Court said Thursday, ruling that the council was obliged to consider the effects of greenhouse gas emissions.

  • June 19, 2024

    Drivers Sue Amazon Over Alleged Work Visa Scam

    A group of drivers for Amazon who say they were lured to the U.K. from Spain as part of a sophisticated visa scam have filed an employment claim against the retail giant and its logistics provider.

  • June 19, 2024

    Rosling King And Ex-Client Clash Over Negligence Claim

    Tonstate Group and its former legal counsel Rosling King LLP sought Wednesday to toss parts of each other's cases in the claim by the investment company accusing the law firm of negligently managing litigation against Tonstate's ex-CEO.

  • June 19, 2024

    Stripe Seeks To Revoke ATM Network's TMs

    Stripe has urged a court to revoke trademarks owned by the main ATM network in the U.K., which accused the online payment processor of infringement and hijacking its reputation by using the "Link" name for a payment service.

  • June 19, 2024

    Russian Billionaire Loses Bid To Overturn EU Sanctions

    The European Union's General Court upheld sanctions against Russian billionaire Igor Rotenberg on Wednesday, ruling that there is enough evidence to show he profited from Russia supporting companies he managed and owned shares in.

  • June 19, 2024

    Sales Reps Win Discrimination Claim Over 'Somali Pirate' Slur

    An employment tribunal has ruled that used car seller Stellantis & You discriminated against two sales advisers following evidence of racial slurs, including staff calling one a "Somali pirate" and another a "Black bastard."

  • June 19, 2024

    Mastercard Cuts Time-Barred Claims From £10B Class Action

    A London tribunal has wiped out a swathe of claims from a £10 billion ($12.7 billion) class action against Mastercard for being time-barred, dismissing allegations on Wednesday that the credit card giant had hidden information about its interchange fees from consumers.

  • June 19, 2024

    Gaming Execs Deny Copying Ex-Firm's Code For New Game

    Two former directors of an online gambling company have denied its claim that they plagiarized copyrighted source code for its "Slingo" online betting game to produce several competing products through the rival business they joined.

  • June 19, 2024

    Coinbase Loses Bid For EU Trademark Resembling Letter 'C'

    Cryptocurrency exchange platform Coinbase failed to persuade a European court to upend an intellectual property office ruling that rejected its figurative trademark for a shape resembling the letter "C" as the court backed the ruling that the application lacked distinctive character.

  • June 19, 2024

    Plane Not 'Lost' In $15M Stranded Jet Row, Chubb Says

    Chubb European Group SE has said it is not liable for $14.7 million claimed by the Irish wing of a U.S. aircraft leasing company to cover the claimed loss of a plane stranded in Russia because the insurer says it is not actually lost.

  • June 19, 2024

    Barrister Sanctioned Over Fight At The Opera

    A barrister was sanctioned by a disciplinary board on Wednesday for getting into a fistfight at an opera as the panel found that he had behaved in a way that is likely to diminish public trust in the legal profession.

  • June 19, 2024

    PPE Distributor Claims $11M Lost In 'Secret Commissions'

     A British medical supplier is suing its former agent for $10.8 million for allegedly defrauding it by taking secret commission on orders of personal protective equipment during the COVID-19 pandemic.

  • June 19, 2024

    Train Operator Denies Hiding Cheaper Fares From Passengers

    A rail operator told a class action trial in London on Wednesday that allegations by rail passengers that it had concealed the existence of cheaper tickets from customers are not backed up by any evidence.

  • June 18, 2024

    Train Operators' Boundary-Fare Class Action Trial Opens

    At a class action trial in London on Tuesday, rail passengers accused English rail operators of abusing their dominant market position by failing to sell cheaper tickets to some customers and forcing them to pay up to double the price for their journey.

  • June 18, 2024

    NHS Surgeon Loses Appeal Over Fixed-Term Status

    A locum consultant breast surgeon lost her bid to become a permanent employee at a London hospital trust Tuesday after an appellate judge found that the trust was entitled to keep her on a fixed-term contract.

Expert Analysis

  • 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.

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • High Court Ruling Sheds Light On Targets For Judicial Review

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    The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.

  • Appeal Ruling Clarifies 3rd-Party Contract Breach Liability

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    The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.

  • CPR Proposal Affirms The Emphasis On Early Mediation

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    While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.

  • How Law Firms Can Handle Challenges Of Mass Claims

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    With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Insurance Ruling Stresses High Hurdle To Fix Policy Wording

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    In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.

  • Taking Stock Of Changes UK Economic Crime Act Will Bring

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    With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.

  • Sanctions Ruling Opens Door For Enforcer To Clear Up Rules

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    In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.

  • How Gov't Response Addresses Investment Act Concerns

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    The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • How Generative AI Can Enhance Disclosure Review Processes

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    As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.

  • Decoding Arbitral Disputes: The Benefits Of Non-EU Venues

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    In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.

  • Experian Ruling Helps Cos. Navigate GDPR Transparency

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    In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.

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