Legal News

The Xuhui District People’s Court in Shanghai has recently considered the case, representing one of the earliest examples of a streaming service bringing copyright actions against AI firms. As Shanghai contends with Beijing and Shenzhen for the ‘ AI City’ mantle, Xuhui stands out as a central incubator for the region’s AI sector. Its importance lies in the court’s forthcoming guidance on how intellectual property safeguards apply to AI businesses involved in processing training data. It likewise underscores the tribunal’s task of striking a balance, given the Chinese authorities’ backing for both established online platforms and nascent technologies such as AI. Mini Max was accused of leveraging i QIYI’s protected content to train AI, using i QIYI’s copyrighted materials, as alleged in court proceedings......

Editor’s note Welcome to the closing 2024 instalment of the Public Law case law quarterly, reporting on the year’s fourth quarter and bringing the year to a close with this quarter’s developments. We open with the Supreme Court’s ruling in Skykick, where the Justices confirmed that the EU Trade Mark Regulation applies directly in the UK as a matter of continuity to ongoing actions already on foot before a UK court designated as an EU trade mark court prior to IP completion day, and that such courts retain their pre‑ Brexit jurisdiction in those matters. We then turn to UKSC decisions in Mc Aleenon, holding that neither criminal nor standard civil proceedings provide adequate alternative remedies for a claimant seeking to compel regulators to discharge their duties, and in JR222, where the Supreme Court addressed the standard a minister should apply when deciding whether to pause a...

Private actions The CAT has published the summary of an application to launch collective proceedings under section 47B of the Competition Act 1998 in Dr Maria Luisa Stasi v Microsoft Corporation, Microsoft Limited & Microsoft Ireland Operations Limited, a claim brought by Dr Maria Luisa Stasi (the proposed class representative) against Microsoft Corporation, Microsoft Limited and Microsoft Ireland Operations Limited (together, Microsoft), seeking damages for alleged infringements of the Chapter II prohibition under the Competition Act 1998 and/or Article 102 TFEU concerning licensing abuses by Microsoft relating to the software known as ‘ Windows Server’ and cloud computing services—see further, the Summary of collective proceedings claim form NOTE— For all private actions in the UK that have been made public, see further, UK private actions—ongoing cases tracker Upcoming dates For dates of upcoming UK competition developments, see further, UK Competition...

Following Donald Trump’s re-election in November 2024, EU policymakers have indicated they will press ahead with a digital taxation fix regardless of US backing. The European Commission, the bloc’s executive arm, appears willing to brave another trade dispute with the US to achieve this. Meanwhile, under its new Polish presidency, the Council of the EU has pledged 2025 tax policy updates, including tougher rules on information exchange. Here are key European tax developments to watch in 2025. Digital services taxes A renewed US– EU standoff over the EU’s approach to taxing the digital economy looks likely. Rasmus Corlin Christensen, an economist at Copenhagen Business School, told Law360 that the EU will push for digital services taxes ( DSTs), with the US countering by threatening trade sanctions. Previously, that dynamic has triggered another round of talks, which have proved difficult to conclude, and a similar cycle is easy to...

Guidance 1: When electrical and electronic equipment ( EEE) becomes waste Taking effect on 1 January 2025, this guidance supports a range of organisations, such as approved authorised treatment facilities, designated collection facilities, producer compliance schemes, groups preparing used EEE for re-use, and waste carriers. It sets out what counts as EEE and indicates the point at which it can become waste. Under the Waste Electrical and Electronic Equipment ( WEEE) Regulations 2013, SI 2013/3113, EEE means equipment that relies on electric currents or electromagnetic fields to operate correctly, together with equipment intended for the generation, transfer and measurement of those currents and fields. Before deciding if EEE is liable to become waste, the principles of re-use and the Circular Economy should be weighed. These re-use considerations should come first in any such assessment......

To begin with, the High Court is slated to hear submissions on whether training generative AI models infringes the copyrights of underlying works, as the first significant infringement action over this trend‑defining technology moves towards trial. The UK’s top court is likewise expected to weigh if an AI‑devised invention merits patent protection, while the government continues to dawdle on putting guardrails around the technology. Intellectual property practitioners also caution about a persistent gulf between the UK’s and EU’s copyright regimes, as a stove manufacturer seeks to probe the limits of what may qualify as an artistic work. Law360 spoke with lawyers to explore the standout disputes and themes to watch in 2025. Getty images v Stability AI After a sluggish start, the UK’s best‑known copyright suit is due for trial in summer 2025 to decide whether AI software that creates synthetic images infringes the rights in the...

Here are five cases to watch over the next year. Next Era Energy v Spain, 9REN Holding v Spain and Blasket Renewable Investments v Spain In August 2024, the DC Circuit ruled that about US$377m in arbitral awards against Spain are enforceable, even though they are treated as invalid under EU law. The stage is therefore set for a possible US Supreme Court clash in 2025, which EU investors will monitor closely. Whatever the justices determine will have wide-reaching implications, as courts within the EU continue to decline enforcement of intra- EU awards like those in these disputes. The DC Circuit also found that US district courts hold jurisdiction to enforce awards issued against Spain stemming from the rollback of economic incentives for renewable energy projects. Its ruling bears on enforcement not only of these particular awards, but also of over a dozen other...

Chancellor Rachel Reeves used her first Mansion House address in the City in November 2024 to outline the government’s programme, cautioning that oversight had become excessively risk-averse. She said ministers would reweight this focus towards growth while preserving robust regulatory standards. That shift will ease certain financial rules. For instance, HM Treasury plans to scrap the Financial Conduct Authority’s certification regime, which defines conduct standards for employees who are not senior managers. The tax department has signalled that a more proportionate framework will replace it, cutting costs and spurring business expansion, though solicitors worry about a slide in corporate behaviour. In November 2024 the FCA pledged to back the government’s growth ambitions after receiving a note from Whitehall urging it to co-operate. The perceived tension with the FCA’s recent prioritisation of its Consumer Duty has regulatory lawyers questioning how the two aims can sit...

What is the background to the government’s consultation? In July 2023, the Chancellor at the time used the Mansion House address to set out a suite of detailed proposals in respect of the UK pensions market, with a particular focus on consolidating pension schemes to achieve greater investment scale and impact. At the same time, a number of large DC pension funds established for auto-enrolment entered into what became known as the ‘ Mansion House’ compact. Following the General Election in July 2024, the new government formally commenced its Pensions Review. This included a call for evidence on pensions market reform to boost investment, improve returns for savers, and address inefficiencies within the pensions system. The government’s latest consultation describes the purpose of reform as twofold, namely: to secure value for pension savers by shifting emphasis from costs to the value for money...

Mergers The CMA has opened its phase 1 review and issued an invitation to comment on IBM’s anticipated purchase of Hashi Corp—see the case page for details. Note— For all live mergers before the CMA, see UK mergers—ongoing cases tracker Private actions The CAT has published a summary of an application to commence collective proceedings under section 47B of the Competition Act 1998 in Clare Mary Joan Spottiswoode CBE v Airwave Solutions Limited, Motorola Solutions UK Limited & Motorola Solutions, Inc. Brought by Clare Mary Joan Spottiswoode CBE (the proposed class representative) against Airwave Solutions Limited, Motorola Solutions UK Limited and Motorola Solutions (together, Motorola), the claim seeks damages for an alleged breach of the Chapter II prohibition under the Competition Act 1998 concerning Motorola’s provision of Airwave Services—see the Summary of collective proceedings claim form. Note— For all UK private actions that have been...

As the FCA zeroed in on the duty, which obliges companies, individuals and partnerships to deliver good outcomes for clients and customers, it ran a consultation until the end of October 2024 on streamlining detailed conduct rules and guidance. According to lawyers, the FCA signalled it wanted teams of staff and senior figures inside financial firms to challenge assumptions about the Consumer Duty, introduced in 2023, and to take ownership of how they comply. ' I frequently hear firms call the duty nebulous, and I concur,' said Sara Cody, contentious regulation counsel at Linklaters LLP. ' Working out what “good” actually looks like can be elusive, and the FCA’s position keeps developing. ' You should therefore be prepared to revisit whether your approach could be enhanced,' Cody continued. In her first Mansion House address in the City in November 2024,...

The Kingdom of Spain v Lorenzo [2024] EWCA Civ 1602 The Court of Appeal determined that the discrimination alleged by Lydia Lorenzo, a dual British and Spanish national working as a translator at the Spanish Embassy in London, was not a sovereign or governmental act and therefore did not attract state immunity. Giving the leading judgment for a three-judge panel, Lord Justice David Bean dismissed the notion that whatever a senior diplomat says or does at an embassy is automatically a sovereign act. He noted that, if the legislature had intended to prevent foreign states being sued by anyone employed at their embassies for matters said or done by a diplomatic agent under an employment contract, it would have been straightforward to say so. In December 2023, the Employment Appeal Tribunal likewise ruled that Spain could not invoke diplomatic or state immunity to...

Mergers The CMA has released the public version of its phase 1 ruling, concluding that Alphabet Inc.’s ( Google LLC) collaboration with Anthropic PBC does not meet the criteria for inquiry under the merger provisions of the Enterprise Act 2002—see further, decision. Note—for details of all live mergers before the CMA, see UK mergers—ongoing cases tracker. Upcoming dates For dates of forthcoming UK competition developments, see the UK Competition calendar......

Hackney London Borough Council v Weintraub [2024] EWCA Civ 1561 What are the practical implications of this case? Lady Justice Asplin’s leading judgment offers a helpful overview of earlier case law in this sphere and ought to be considered by local authorities and legal practitioners. The decision turns on a point not previously explored in the authorities and, while noteworthy, is unlikely to have broad, everyday application. Even so, it gives greater weight to a tenant’s claim that they will return to the dwelling once the right to buy has completed, and makes clear that they may come back as an owner-occupier rather than as a tenant. Disputes concerning the tenancy condition more commonly focus on the risk of eviction than on preventing a right to buy from moving forward. The court concluded that a right to buy application may proceed if the tenant can...

The Consultation advances the reforms to the compulsory purchase order ( CPO) regime and compensation framework brought in by the Levelling-up and Regeneration Act 2023 ( LURA 2023), to honour the Labour government’s manifesto promise to amend compulsory purchase compensation rules ‘to improve land assembly, speed up site delivery, and deliver housing, infrastructure, amenity, and transport benefits in the public interest’, see News Analysis: What the planning industry can expect from the new Labour government. Its intention is that, for defined types of development schemes, landowners receive what the government regards as ‘fair’ compensation, rather than amounts it considers inflated by the prospect of planning permission. Additional proposals aim to accelerate the process and cut the administrative load and expense of implementing CPOs... Changes to the power to limit hope value The first strand of the Consultation builds on LURA 2023, s 190, which amends the...

Mergers The Commission received notifications for: Macquarie/ Dow/ Dow Infraco JV ( M.11855) (simplified merger procedure) OTPP/ Nordic Capital XI/ Max Matthiessen ( M.11816) (simplified merger procedure) The Commission released in the Official Journal its Summary Decision, the Advisory Committee’s Opinion, and the Hearing Officer’s Final Report in Norsk Hydro/ Alumetal ( M.10658)—for more, see: Summary Decision, Opinion of the Advisory Committee, and Final Report of the Hearing Officer Note— For all ongoing merger investigations before the Commission, see further the EU mergers—ongoing cases tracker Upcoming dates: For dates of forthcoming EU competition developments, see further the EU Competition calendar......

Jones v Aston Risk Management Ltd [2024] EWHC 2553 ( Ch) What are the practical implications of this case? The ruling confirms that a director’s continuing links with non-trading or winding-down companies—such as unpaid loans and the performance of directors’ duties—do not, without more, amount to ‘carrying on business’ for jurisdictional purposes. This is especially pertinent where entities are being wound up. Advisers should scrutinise the substance and quality of any ongoing role, rather than simply noting residual ties. A clear line must be drawn between acts undertaken as a director/shareholder and conduct that amounts to a separate business. Directors’ loans, outstanding debts or comparable arrangements are, on their own, inadequate to establish jurisdiction, even where the sums are substantial and the relationship continues for a lengthy period. Providing guarantees for company liabilities and injecting funding are treated in the same way for...

PSIG stated that its personnel continue to operate on a voluntary footing at present, significantly constraining any additional services it might provide. PSIG has been instrumental in shaping government policy within the pensions landscape, notably the 2021 rules compelling trustees to pause or stop pension transfers when 'red flags' arise, for example where savings are channelled into unregulated investments. PSIG opened a consultation on its own organisational future in May 2024. It reported receiving responses from the retirement sector suggesting it would......

London International Exhibition Centre v RSA Britain’s highest court has confirmed it did not grant permission to appeal in the case of London International Exhibition Centre v RSA, which examined ‘at the premises’ policy wording in relation to government-ordered lockdowns during the crisis. The largest strand of the test litigation is a £16m claim by the London International Exhibition Centre, better known as Excel London, based in Docklands. This outcome means the Court of Appeal’s September 2024 decision remains authoritative and will now stand, paving the way for thousands of policyholders with matching wording to pursue insurance recoveries from their policies. A Supreme Court spokesperson stated that the application for permission to appeal was refused. The test case consisted of a bundle of six claims, which the appeals court considered together as a single matter. In all, thirteen insurers and fourteen...

Subsidy control The Subsidy Advice Unit has released its final report, setting out advice to Tees Valley Combined Authority ( TVCA) on its proposed subsidy to Jomast Developments Limited—see the report. Note— For all decisions referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see the UK subsidy control—ongoing cases tracker. Upcoming dates: For dates of forthcoming UK competition developments, see the UK Competition calendar......