Commercial Litigation UK

  • 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.

  • February 26, 2024

    Tribunal Fees 'Green Light To Bad Employers,' Gov't Told

    Plans to reintroduce employment tribunal fees in Britain would block "worthy claims" and "give a green light to bad employers to exploit their workers," dozens of organizations warned the government on Monday.

  • February 23, 2024

    VAT Refunds For Tax Errors Don't Require Interest, ECJ Rules

    European Union law does not require interest to be paid on value-added tax reimbursements if they are being made as a result of administrative errors or changes in tax calculations, the European Court of Justice determined.

  • February 23, 2024

    Therium Can't Block Law Firm's Claim Over VW Scandal

    A London court refused Friday to end a law firm's claim that litigation funder Therium breached a confidentiality agreement for group emissions litigation against Volkswagen, even though the case involves some facts similar to one decided by the U.K.'s top court.

  • February 23, 2024

    Ex-Kurdish Energy Minister Largely Fails To Ax Libel Defense

    An Iraqi politician largely failed to throw out an investigative reporting organization's defense to his defamation claim, after a London judge ruled that journalists had a real chance of showing they fairly and accurately reported legal proceedings in an article about alleged corruption in the Iraqi oil business.

  • February 23, 2024

    Ex-Ofsted Inspector Wins Claim Over Skin Graft Adjustments

    The Employment Tribunal has ruled that school inspection agency Ofsted failed to make proper adjustments for a school inspector with skin cancer when she returned to work after receiving a skin graft.

  • February 23, 2024

    Toyota Engine Patent Stalls At EPO For Lack Of Inventive Step

    Toyota has lost protections over its exhaust heat recovery system after an emissions specialist showed that the Japanese automotive giant's engine tech lacked an inventive step, the European Patent Office said Friday.

  • February 23, 2024

    Ex-Law Firm Worker Can't Nix Sanction Over Siphoned Funds

    An ex-employee of a law firm failed to convince a tribunal Friday that it should overturn a restriction on his ability to work in law after he was exonerated in criminal proceedings on accusations that he had embezzled at least £89,000 ($113,000).

  • February 23, 2024

    HIV Status Can't Shield Worker After 4-Month Absence

    A Scottish government worker has failed to prove that he was fired because of his disabilities, after a tribunal ruled that he left his bosses with few options after he was absent for 148 days during a probationary period.

  • February 23, 2024

    'Dry January' Campaign Launcher Can't Trademark Name

    A British nonprofit organization has failed to register a trademark for "Dry January," after the country's intellectual property officials ruled that it simply described non-alcoholic drinks and had become too widely used to become exclusive.

  • February 23, 2024

    EasyGroup Hits Dead End In 'EasyTaxi' TM Battle

    EasyGroup Ltd. has lost its fight to keep a trademark for "easyTaxi" after a European Union intellectual property authority concluded that the brand is merely descriptive and "devoid of distinctive character."

  • February 23, 2024

    Philips Patent Gets Brushed Off On Appeal

    Philips has failed to patent a method for tracking the movement of a toothbrush inside the mouth after European officials ruled that the amendments proposed by the Dutch electronics giant extended beyond its original application against the rules.

  • February 23, 2024

    Russian Tycoon Can Take Sanctions Case To UK's Top Court

    An oligarch can take his attempt to halt a $850 million fraud claim brought by two Kremlin-backed banks to the U.K.'s highest court after it granted him permission to challenge a decision allowing the case to proceed despite one of the lenders being under British sanctions.

  • February 23, 2024

    New Rules Aim To Widen Nonparties' Access To Court Docs

    Proposed changes to civil court rules would significantly broaden nonparties' access to documents including witness statements, expert reports and written arguments, further strengthening the principle of open justice that applies in English courts.

  • February 23, 2024

    Lawyers Question UK's Sanction Muscle 2 Years After Invasion

    A lack of enforcement over suspected sanctions breaches two years on from Russia's invasion of Ukraine has left lingering doubts about the effectiveness of the U.K.'s response — even though prosecutors recently opened the first such criminal case, legal experts say.

  • February 23, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Tesco target competing retailer Lidl with a copyright claim as they battle in the Court of Appeal over the design of Tesco’s Clubcard, the directors of a taxi business sue the creator of an AI route mapping app for professional negligence, Global Aerospace Underwriting Managers tackle an aviation claim by an Irish investment company, and Robert Bull hit with a general commercial contracts claim by Hancock Finance.

Expert Analysis

  • Tracing The History Of LGBTQ+ Rights In The Workplace

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!