Commercial Litigation UK

  • February 20, 2024

    Tesco Branding Does Suggest Price-Matching, Lidl Tells Court

    Counsel for Lidl told an appeals court Tuesday that a London judge was clear in its reasoning why rival supermarket Tesco's club card branding conveyed a "price matching message" to its shoppers in order to benefit from Lidl's reputation for discount prices.

  • February 20, 2024

    Law Firm Says It Can Charge For Work As Estate's Executor

    A solicitor should have been entitled to charge for the work he carried out as the executor of an estate despite the absence of a charging clause in the will, a law firm told an appeals court Tuesday.

  • February 20, 2024

    Lundbeck Patent For Alcohol Dependence Treatment Fails

    A European appellate board refused to let Lundbeck patent an alcohol-dependence treatment, ruling that it might have been new, but other scientists would have eventually reached the same conclusion about which patients were most likely to benefit from a drug.

  • February 20, 2024

    Sodexo OK To Sack Prison Officer Over 'Torrent Of Abuse'

    An employment tribunal has ruled that prison management company Sodexo rightly fired a prison officer for gross misconduct after a prisoner accused him of a "torrent of abuse."

  • February 20, 2024

    Banking Oligarch's Wife Loses Russian Sanctions Challenge

    A Ukrainian-Russian tycoon's wife lost a bid on Tuesday to lift sanctions imposed on her after Russia invaded Ukraine, with a London court finding they strike a fair balance between the U.K.'s foreign policy objectives and her individual rights.

  • February 20, 2024

    Fire Brigade Workers Fight To Overturn Pensions Loss

    The firefighters union urged an appeals court on Tuesday to overturn its failed bid to prove that HM Treasury unfairly distributed costs when compensating workers who had received unlawful pensions in the past, arguing that the policy caused sex, age and race discrimination.

  • February 20, 2024

    Straumann Scores Win In Dental Implant Patent Appeal

    A dental implant maker has won its bid to patent an implant with a ceramic surface made of zirconia, after European patent officials found that an amended version was not obvious.

  • February 20, 2024

    Firm Faces Claim From Cleaner Fired For Eating Leftovers

    A cleaner is planning to sue a London law firm and its private cleaning contractor after bosses allegedly fired her for eating a tuna sandwich that lawyers had left behind after a meeting, a trade union has said.

  • February 20, 2024

    Aspiring Judge Loses Race Bias Case Over Failed Application

    An Asian-British solicitor has lost his case accusing a High Court judge of downgrading his application for a judicial post because he wasn't white, with a tribunal concluding that his failure had "nothing whatsoever" to do with his race.

  • February 20, 2024

    Piping Hot Can't Ride TM Wave For Sea-Inspired Products

    An Australian company has failed to register a trademark for "Sea by Piping Hot," after European intellectual property officials ruled that shoppers might think it was a new line of products from U.S. supplement maker Piping Rock.

  • February 20, 2024

    Top 5 Cases To Watch At The Unified Patent Court

    The long-awaited opening of Europe’s Unified Patent Court has brought a period of uncertainty, leaving patent litigators navigating a new frontier for IP disputes and watching closely for the first major decisions set to be handed down in 2024.

  • February 20, 2024

    Insurers Fight To Overturn 'Mixed Injury' Compensation Ruling

    Britain's highest court wrestled on Tuesday with how motorists bringing so-called mixed injury claims should win compensation from insurers, in landmark test litigation that could affect thousands of other cases.

  • February 20, 2024

    Uni Unfairly Fired Lecturer But Fair Dismissal Was Inevitable

    A tribunal has awarded a senior lecturer one week's salary in damages after ruling that his university unfairly sacked him following a procedural redundancy failure but would have fairly dismissed him a week later.

  • February 20, 2024

    Liquidators, Claiming Fraud, Blast Tycoon's Bid To Keep $1B

    Liquidators of U.K. companies that allege a diamond and jewelry tycoon swindled over $1 billion from banks have denied forming trumped-up fraud accusations to destroy his business, telling a London court the businessman has suffered as a "consequence of his own orchestration."

  • February 20, 2024

    Royal Parks Contractors Appeal For Equal Pay With Staff

    Britain's Royal Parks racially discriminated against its cleaners by approving a contract that paid them less than its employees, a group of workers argued at an appeals court Tuesday in a case that could force employers across the U.K. to revisit similar arrangements.

  • February 20, 2024

    HarperCollins Settles With Maxwell Assistant In Epstein Book

    The lawyer for a former assistant to Ghislaine Maxwell said Tuesday that her client has been "vindicated" after HarperCollins admitted that a book it published wrongly said she led one of Jeffrey Epstein's victims to his bedroom.

  • February 20, 2024

    Soccer Club Unfairly Axed Coach Over N-Word Allegations

    A top-tier English soccer club unfairly sacked a part-time coach after mishandling its investigation into allegations that he said a racist slur to a colleague, a tribunal has ruled.

  • February 19, 2024

    Tesco Says Judge 'Over-Impressed' By Lidl TM Evidence

    Tesco argued in an appeals court Monday that a judge relied too heavily on accounts from consumers to determine whether it had tried to pass off its products as being as good as Lidl's when it adopted fresh branding for its loyalty pricing scheme.

  • February 19, 2024

    Unilever Dissolves P&G's Laundry Powder Patent

    Unilever has convinced a European patent board to scrap Procter & Gamble's protection for technology used to dry out laundry powder, with officials concluding the same process was set out in manufacturing handbooks from decades ago.

  • February 19, 2024

    UK Poised For TM Reforms After Joining Pacific Trade Bloc

    Now that the U.K. has signed up to a trans-Pacific trade bloc worth approximately £12 trillion ($15 trillion), intellectual property professionals are preparing for a handful of changes to trademark and geographical indications likely to be introduced in 2024,

  • February 19, 2024

    Oatly Loses Fight To Block 'Oat My Gosh' Milk TM

    Swedish oat drink company Oatly has lost its fight to nix an "Oat My Gosh" trademark after a European intellectual property authority concluded that consumers were unlikely to confuse the two brands.

  • February 19, 2024

    Barrister Hit With 18-Month Ban For Mishandling Client Funds

    A barrister has been handed an 18-month ban for mishandling a direct access client's money and lying to legal complaints investigators about his ability to repay the funds, a London tribunal said Monday.

  • February 19, 2024

    Sex Offense Suspect Can't Get Evidence From BBC

    An anonymous, internationally known figure under investigation for alleged serious sexual offenses cannot use a witness statement from the BBC to persuade prosecutors not to charge him, a London court ruled on Monday.

  • February 19, 2024

    UK Launches Crackdown On 'Fire And Rehire' Tactics

    Employers could face sanctions for firing staff and rehiring them on worse contracts under new rules that will strictly police the practice, the U.K. government said Monday.

  • February 19, 2024

    Brainlab Patent Appeal Fails For Surgery Planning Image Tool

    Brainlab AG has failed to patent an imaging system for anatomical structures that shows soft and hard tissue, as European patent officials ruled that the device lacked any inventive step.

Expert Analysis

  • 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.

  • Ruling Elucidates Tensions In Assessing Employee Disability

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    An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.

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