Commercial Litigation UK

  • February 23, 2024

    Big Brands Face Do-Or-Die Decision On Russian TMs

    The Kremlin has broadly upheld the intellectual property rights of foreign companies since international brands pulled out of the market two years ago. But lawyers tell Law360 that the clock is ticking for cancelation proceedings if brands don't get back to business in the next year.

  • February 22, 2024

    Spain Allowed To Reclaim Illegal Aid Given To Ship Buyers

    Spain can reclaim the financial benefits given to beneficiaries of a tax scheme that gave illegal state aid to purchasers of ships built in Spanish shipyards, the European Union's General Court has ruled.

  • February 22, 2024

    NatWest Settles £60M VAT Fraud Case Ahead Of Retrial

    NatWest Markets PLC and liquidators for several defunct trading companies have settled a £60 million ($75.9 million) dispute over whether the bank is liable for a huge value-added tax fraud scheme ahead of a retrial.

  • February 22, 2024

    Transneft Ordered To Halt Bid To Block $14B Conspiracy Claim

    The world's largest oil pipeline company has been ordered by a London court to pause its legal action trying to force an imprisoned Russian oligarch to drop his $13.8 billion claim alleging his business empire was unlawfully seized in a sprawling Russian state conspiracy.

  • February 22, 2024

    Fired Fund Exec Gets Deposit Order Axed In Harassment Feud

    A tribunal was too quick to impose a deposit order and decide that a compliance chief is unlikely to succeed in his £2 million ($2.53 million) claim that an investment fund unfairly axed him after a member of its legal and compliance departments accused him of sexual harassment, an appeals judge has ruled.

  • February 22, 2024

    HD Hyundai Loses TM Appeal Over Abstract Rival Sign

    An American company can register an "abstract" trademark after European intellectual property officials ruled that it was not similar to HD Hyundai's earlier marks, as consumers would only see vertical bars rather than a word.

  • February 22, 2024

    Hospital Forced Chef To Quit By Not Sharing COVID Measures

    A tribunal has ruled that a U.K. mental healthcare business forced a hospital chef to quit by repeatedly ignoring his requests for a COVID-19 risk assessment when it asked him to return to work during the outbreak.

  • February 22, 2024

    Sony Loses Bid To Stop Hendrix Bandmates' Copyright Trial

    Sony Music lost another attempt on Thursday to avoid facing a copyright challenge in England over music royalties from Jimi Hendrix's band, with a London judge saying the estates of his bandmates have an arguable case over IP rights for music streaming services.

  • February 22, 2024

    Britvic Sues Slushie Machine Biz Over Tango Ice Blast TM

    Soft drinks giant Britvic has sued a U.K. slushie machine business for allegedly infringing the copyright for its Tango Ice Blast drinks by mimicking the branding for its own drinks machines.

  • February 22, 2024

    Cypriot Companies Can't Halt Halloumi Registration

    A group of cheese-makers have failed to prevent the registration of "Halloumi" as a protected designation of origin, with a European court ruling that the application did not depart from previous national standards about its ingredients.

  • February 22, 2024

    Amy Winehouse's Friends Deny Selling Her Personal Items

    Two "very close friends" of Amy Winehouse have denied putting the property of the dead singer up for auction in their names, telling a London court that the £732,000 ($924,000) claim by her father does not show that the pieces belong to him.

  • February 22, 2024

    ECJ Told Personal Data Can Be Sold In Enforcement Cases

    An adviser to the EU's top court wrote Thursday that selling a database containing personal information without the subjects' consent does not breach the bloc's privacy rules if it's carried out in the context of enforcement proceedings.

  • February 22, 2024

    I'm Victim Of Morgan Stanley's Abuse, Ex-Frasers CEO Says

    Former Frasers chief executive Mike Ashley told a London court on Thursday that he was "a victim of Morgan Stanley's abuse" as he claims that the bank was motivated by "snobbery" when it hit the retail group with a margin call of almost $1 billion.

  • February 22, 2024

    Malta's Used Car Tax Breaches Law, Top EU Court Rules

    Malta is breaking EU law when it charges a higher annual tax for used cars bought in other countries in the bloc and brought to the island state, the European Court of Justice said in a judgment issued Thursday. 

  • February 22, 2024

    L'Oréal Scrubs Out Rival's 'Libre' TM Appeal At EU Court

    L'Oréal has persuaded a European Union court to throw out a competitor's latest attempt to register its "La Crème Libre" trademark, with the court ruling that consumers could confuse it with the French cosmetic giant's own "libre" sign.

  • February 22, 2024

    Argentina Must Pay Upfront In €1.3B Payment Challenge

    Argentina must make an upfront payment if it wants to challenge a ruling forcing it to pay out €1.3 billion ($1.4 billion) to bondholders for wrongly adjusting the way it calculates yields for government securities, an appeals court ruled Thursday.

  • February 21, 2024

    Morgan Stanley Accused Of 'Snobbery' Over $1B Margin Call

    Frasers Group told a London court Wednesday that Morgan Stanley hit it with an almost $1 billion margin call to force the British retailer off its books out of "snobbery" because it viewed Frasers' CEO as "an upstart."

  • February 21, 2024

    Face Mask May Have Triggered PTSD, Tribunal Rules

    A school technician has revived his disability discrimination case after an appellate panel ruled in a decision published Wednesday there was proof to back up his concerns that being forced to wear a face mask during the pandemic would trigger his post-traumatic stress disorder. 

  • February 21, 2024

    Lidl Tackles 'Bad Faith' TM Claims In Tesco Clubcard Spat

    Counsel for Lidl argued on Wednesday that a London court was wrong to rule that the German retailer had registered a trademark for a wordless variant of its logo in bad faith, as intellectual property lawyers await further guidance from the U.K.'s top court.

  • February 21, 2024

    Oxford University Academics Win Employee Status Challenge

    Two University of Oxford academics count as having been employed by the institution even though it hired them on temporary contracts designed to dodge an employer-employee relationship, a tribunal ruled in a decision made public Wednesday.

  • February 21, 2024

    End Of The Line For Cable-Laying Machine Patent Dispute

    A European patent board has revoked an Italian infrastructure company's protections for a cable-laying machine, concluding that it was obvious and others would have eventually figured out how to make it.

  • February 21, 2024

    Ex-Linklaters Atty Owes Saudi Royal $25M Over Missing Fund

    A former Linklaters LLP partner must pay at least $25 million after failing to return an investment fund to a Saudi princess, a London judge ruled Wednesday — but the final bill could reach nearly $40 million.

  • February 21, 2024

    Temp Workers Entitled To Dismissal Reasons, ECJ Rules

    When employers fire temporary workers they must tell them why, because not doing so could prevent them from legally challenging their dismissal, The European Union's top court said Tuesday.

  • February 21, 2024

    Pitmans Can't Strike Out Negligent Pension Advice Claim

    Pitmans Solicitors, BDB Pitmans' predecessor, has failed to strike out allegations that it gave former clients negligent advice on a pension scheme, after a London court found Wednesday that it is "clearly in the interests of justice" that the case proceed against it.

  • February 21, 2024

    Distiller's Amazonian TM Fails To Swing EU Court On Appeal

    A Spanish distiller lost his bid on Wednesday to register a trademark for "Amazonian Gin Co.," when a European court ruled that the mark was too descriptive of the origins and ingredients of the product.

Expert Analysis

  • 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.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • Employers Can 'Waive' Goodbye To Unknown Future Claims

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    The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

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