Commercial Litigation UK

  • February 27, 2024

    Construction Biz Loses Challenge To Wall Tech IP Ownership

    A construction company lost its appeal Tuesday in its latest bid to assert intellectual property rights over a wall paneling system, with the judges saying the true owner of the patent is a now-bankrupt executive.

  • February 27, 2024

    Aldi Loses Appeal In M&S Gin Bottle Design Spat

    Aldi lost its appeal Tuesday that challenged a ruling that it copied the design of a line of Marks & Spencer light-up gin bottles after an appeals court rejected its arguments that a grace period should factor into the calculations.

  • February 27, 2024

    Struck-Off Lawyer Claims Mental Incapacity In Prison Appeal

    A struck-off solicitor on Tuesday challenged her one-year prison sentence for failing to hand over documents to a legal watchdog's investigation, telling an appellate court that proceedings should have been halted after concerns were raised about her mental capacity.

  • February 27, 2024

    Ex-Plexus Lawyer Suspended For Forging Signatures

    A disciplinary tribunal has handed a former Plexus Law partner a 28-day suspension for forging another lawyer's electronic signature on documents that were later filed at court.

  • February 27, 2024

    Embassy Chauffeur Treated Unfairly, But Not Due To Religion

    Officials at the embassy of Brunei in the U.K. mistreated a former chauffeur before sacking him following a series of motoring offenses — but the treatment had nothing to do with his religion, a London tribunal has ruled.

  • February 27, 2024

    Dyson Looks Responsible For Labor Abuses In TV Clip

    A London judge ruled Tuesday that viewers of a TV news broadcast that investigated conditions in Malaysian factories manufacturing Dyson products would think that the company had some responsibility for human rights abuses, in a decision on meaning in a long-running defamation case.

  • February 27, 2024

    Truckmaker DAF Can't Overturn £15M Price Fixing Judgment

    A London appeals court on Tuesday rejected DAF's attempt to overturn a £15.2 million ($19.3 million) judgment against the Dutch truckmaker for overcharging BT and Royal Mail, because the British companies suffered significant loss as the result of a price-fixing cartel.

  • February 27, 2024

    Moderna COVID Patent Case To Set Tone For Future Litigation

    A legal battle between rival developers of COVID-19 jabs over the technology underlying the vaccine could set the tone for future litigation, with intellectual property lawyers expecting a pledge made by Moderna at the height of the pandemic to dominate proceedings.

  • February 27, 2024

    Ex-Linklaters Pro Penalized Over Conduct In Saudi Fund Trial

    A former Linklaters LLP partner was hit on Tuesday with an indemnity costs order by a judge who dismissed his bid to challenge a $25 million ruling against him for failing to return an investment fund to a Saudi princess.

  • February 27, 2024

    Game Developer Accuses Rival Of Copying Mobile Game

    A French mobile game developer has accused a rival of infringing U.K. copyrights for its racing game app Pocket Champs to piggyback off its success.

  • February 27, 2024

    UK Insurers Call For Extension Of 'Whiplash' Injury Tariff

    Insurers said on Tuesday that they will campaign for changes to personal injury rules as part of a wider effort to curb spiraling hikes in the price of premiums.

  • February 27, 2024

    Abramovich Ally Loses Test Appeal To Upend UK Sanctions

    A billionaire with ties to Roman Abramovich lost his attempt on Tuesday to overturn sanctions imposed on him following Russia's invasion of Ukraine, in the first substantive appeal to challenge the U.K. government's sanctions regime since the war began.

  • February 26, 2024

    Consumers Face Big Setback In £10B Mastercard Class Action

    Britain's antitrust court dealt a blow to consumers Monday in a £10 billion ($12.68 billion) class action over Mastercard's fees by ruling that the credit card titan's European interchange fees didn't influence its domestic rate in the United Kingdom.

  • February 26, 2024

    Russia Says $5B Naftogaz Award Can't Be Enforced

    Russia urged a D.C. federal court to toss litigation filed by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award the company won after its Crimean assets were seized, arguing the court lacks jurisdiction since the underlying investments are in Ukraine.

  • February 26, 2024

    Consultant Sues Law Firm For Pursuing 'Hopeless' Defense

    A consultant has alleged Costigan King owes him £291,000 ($369,000) for legal costs he paid after the law firm served a "hopeless" defense on his behalf that had no real prospect of success.

  • February 26, 2024

    French Media Giant Can't Kill '+Music' TM

    French media giant Canal+ failed to stop the registration of the trademark "+music," when European intellectual property officials ruled that consumers would not confuse it with the TV brand for a majority of registered goods.

  • February 26, 2024

    Temu Accuses Shein Of Scaring Suppliers Away

    Temu has accused Shein of trying to subvert its operations through anti-competitive behaviors, claiming that its ultra-fast fashion rival has cornered suppliers and inundated it with "baseless notices" to disrupt U.K. sales.

  • February 26, 2024

    Cancer Drug Patent Obvious From Earlier Study, EPO Rules

    A pharmaceutical company has lost its cancer drug patent after the European Patent Office ruled that it was not inventive due to a previous study of the same treatment.

  • February 26, 2024

    Judge Wrong To Bar Ex-Barclays VP From Recording Trial

    A former Barclays vice president was unlawfully prevented from recording a hearing into his race discrimination claim against the lender, an appellate tribunal has ruled.

  • February 26, 2024

    Solicitor Who Lied To Cover Up Negligence Struck Off

    A solicitor at a subsidiary of Irwin Mitchell who lied to cover up her negligent handling of a client's cases has been struck off by a tribunal.

  • February 26, 2024

    Keep It Secret Or Safe? AI Developers Face Hard Choice On IP

    Companies developing generative artificial intelligence models will have to decide whether to keep their innovations under wraps as the technology explodes in popularity — or whether stronger patent protections are worth the risk to publicize their product, experts say.

  • February 26, 2024

    Decorator Told To 'Try Escorting' Wins £92K For Harassment

    An employment tribunal has awarded a decorator at a home-building company more than £92,000 ($116,700) in compensation for a series of assaults at work, after a colleague exposed himself to her on the job and her manager asked her to wear stockings and suspenders to work.

  • February 26, 2024

    Ex-Managing Partner Must Pay £210K Costs In Bias Claim

    A former managing partner of a law firm has lost his latest bid to avoid paying costs, after a tribunal blocked him from relitigating rulings that he hid information while off work with cancer to claim income protection insurance and a share of its profits.

  • February 26, 2024

    Dental Software Biz Bites Back In Infringement, Fraud Claim

    A dental software company has hit back against allegations of copyright infringement from a rival, saying the other business is seeking to intimidate it and only wants to cause commercial damage to a competitor.

  • February 26, 2024

    Boxing Body's Website Statement Didn't Defame Referee

    A judge threw out on Monday a defamation claim by a boxing referee against the governing body of the sport in the U.K., finding a statement on its website about a misconduct investigation into him did not imply he had committed any wrongdoing.

Expert Analysis

  • AI Is Outpacing IP Law Frameworks

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    In Thaler v. Comptroller-General, the U.K. Supreme Court recently ruled that artificial intelligence can't be an inventor, but the discussion on the relationship between AI and intellectual property law is far from over, and it's clear that technology is developing faster than the legal framework, says Stephen Carter at The Intellectual Property Works.

  • Tracing The History Of LGBTQ+ Rights In The Workplace

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    Pride History month is a timely reminder of how recent developments have shaped LGBTQ+ employees' rights in the workplace today, and what employers can do to ensure that employees are protected from discrimination, including creating safe workplace cultures and promoting allyship, say Caitlin Farrar and Jessica Bennett at Farrer.

  • Ruling In FCA Case Offers Tips On Flexible Work Requests

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    In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.

  • Pension Scheme Ruling Elucidates Conversion Issues

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    In Newell Trustees v. Newell Rubbermaid UK Services, the High Court recently upheld a pension plan's conversion of final salary benefits to money purchase benefits, a welcome conclusion that considered several notable issues, such as how to construe pension deeds and when contracts made outside scheme rules can determine benefits, say Ian Gordon and Jamie Barnett at Gowling.

  • New Fraud Prevention Offense May Not Make Much Difference

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    By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.

  • 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.

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