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Commercial Litigation UK
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April 18, 2024
Head Of Chambers Accused Of Bullying By Expelled Barrister
A barrister told an employment tribunal on Thursday that the head of an English criminal chambers put him through "absolute hell" by bullying him and trying to end his career before expelling him from the chambers.
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April 18, 2024
Slater And Gordon Wins Bid To Rebut Ex-Analyst's Appeal
Slater and Gordon won permission on Thursday to challenge a former costs analyst's appeal that he was harassed for having mental illnesses after arguing that a lower tribunal's ruling suggests the accused individuals didn't know enough about his condition to have done so.
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April 17, 2024
Ex-JPMorgan Analyst Liked 'Winding Up' Autonomy CEO, Jury Told
A former JPMorgan stock analyst testifying Wednesday in the criminal fraud trial of former Autonomy CEO Michael Lynch said that he "took pleasure in winding up Lynch" and once even used a Hitler analogy to describe his performance, but said his critical coverage was never personal.
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April 17, 2024
Firefighter, Doctor Unions Lose Appeal Over Pensions Swap
Trade unions representing firefighters and doctors lost an appeal Wednesday to help their members recover losses resulting from a change to pension plan rules after justices concluded that HM Treasury had the right to pass the cost on to scheme members.
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April 17, 2024
Raid On Broker In Cum-Ex Fraud Case Was Lawful, Court Says
A raid on the London office of commodity brokerage MCML Ltd. following a request from Danish prosecutors investigating an alleged £56 million ($70 million) tax fraud was lawful, a London court ruled Wednesday.
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April 17, 2024
Gov't, Employers Face Pressure After Right To Strike Ruling
The U.K. will face fresh pressure to improve protections for striking workers after the country's highest court declared Wednesday that part of a foundational trade union law is incompatible with employees' human rights.
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April 17, 2024
Escobar TM Too Shocking For General Public, EU Court Rules
A European court refused Wednesday to let cocaine kingpin Pablo Escobar's family trademark his name because of its "highly offensive and shocking" associations with drug trafficking and narcoterrorism.
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April 17, 2024
Merchants Bring Modified Bid For Swipe Fee Class Actions
A group of merchants urged Britain's competition tribunal on Wednesday to approve proposed class actions accusing Visa and Mastercard of unfairly imposing interchange fees on retailers for several years, arguing they had sufficiently addressed concerns that led to their initial proposals being rejected.
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April 17, 2024
Gazprom Unit Fights Ruling Blocking Russian UniCredit Claim
A Gazprom joint venture told the U.K. Supreme Court on Wednesday that appeal judges in England did not have jurisdiction to grant an anti-suit injunction blocking its €450 million ($480 million) claim in Russia against UniCredit Bank.
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April 17, 2024
UK Wins Appeal Of Border Officer's Compressed Hours Case
An appellate judge has told an employment tribunal to take another look at a pay discrimination claim by a Border Force officer against the security and immigration body, casting doubt on the earlier court decision to allow him to bring a second claim over the same pay policy.
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April 17, 2024
Coinbase Loses EU Appeal To Bloc Rival TM
Coinbase lost part of its bid Wednesday to stop an Estonian company bearing the same name from registering a trademark, with a European court saying the cryptocurrency platform cannot block the trademark of the Baltic state business for news services, publishing or education.
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April 17, 2024
6,000 Tesco Workers Demand Documents In Equal Pay Case
Thousands of Tesco staff whose equal pay claims have been stayed pending the outcome of a leading case argued in an appeal Wednesday that they should get all correspondence between the supermarket and the claimants in the lead case.
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April 17, 2024
Insurers Deny Liability In €403M Nord Stream Pipeline Claim
Two insurers have argued that the damage caused to two Baltic Sea gas pipelines hit by explosions is not covered under their policies with the lines' operator, and they are therefore not liable for over €403 million ($429 million) claimed to cover repairs.
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April 17, 2024
Chinese Vape Maker Accuses UK Co. Of Bumming Designs
A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.
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April 17, 2024
Intel Urges Court To Revoke Semiconductor's Chip Patent
Computer processor giant Intel denied infringing the intellectual property of R2, telling a judge Wednesday that the chip patent that the semiconductor maker is trying to enforce is invalid because it represents developments already known in the industry.
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April 17, 2024
'Non-Feminist' Staffer Fails To Prove Anti-Men Conspiracy
The Environment Agency did not mistreat a sacked employee based on his non-feminist views, a tribunal has ruled, finding that his complaints were nothing more than simple workplace squabbles and deeming his views discriminatory in their own right.
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April 24, 2024
Fieldfisher Goes On German Media, Tech And IP Hiring Spree
Fieldfisher LLP has recruited 11 lawyers across its German offices, including several new partners, to boost its intellectual property offerings, and strengthen its position in the media sector.
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April 17, 2024
Construction Co. Settles £5M Bathroom Fault Insurance Claim
A major construction company has settled its £5.1 million ($6.3 million) claim against four insurers that allegedly failed to cover the costs of repair damage caused by faulty bathroom floor designs.
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April 17, 2024
Hugh Grant Settles Privacy Suit Against UK Tabloid Publisher
Actor Hugh Grant has settled his claim against the U.K. arm of Rupert Murdoch's media empire over alleged invasions of his privacy, according to London court filings made public Wednesday.
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April 17, 2024
Employers Can't Punish Workers For Striking, Top Court Rules
Employers cannot punish workers for taking part in industrial action, the U.K.'s highest court ruled Wednesday, handing a major victory to trade unions amid disputes over new barriers to calling workers out on strike.
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April 16, 2024
Autonomy CEO Pressured JPMorgan Over Analyst, Jury Told
An ex-JPMorgan stock analyst testifying Tuesday in the criminal fraud trial of former Autonomy CEO Michael Lynch told jurors that the software company founder responded with hostility when his research reports questioned its growth, and that Lynch offered JPMorgan millions in business if he were taken off the Autonomy beat.
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April 16, 2024
Womble Bond Sued Over Advice On £126M Real Estate Project
Two businessmen and a management company have sued Womble Bond Dickinson (UK) LLP in a London court after the law firm's allegedly negligent advice caused a £126 million ($157 million) property redevelopment project to fall through.
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April 16, 2024
Cigna Denies Insurer's Claim For PPI Complaints Indemnity
Cigna hit back at insurer PA (GI) Ltd.'s claim to recover its costs of dealing with missold payment protection insurance for healthcare cover, saying that it is not entitled to any compensation.
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April 16, 2024
Hill Dickinson Bolsters Disputes Team With New Partner
Hill Dickinson LLP has snapped up a partner from Teacher Stern LLP to join its commercial litigation team, bringing a wealth of dispute resolution and crisis management experience to the table.
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April 16, 2024
Charity Pushed Out Exec But Not Over Whistleblowing
A charity unlawfully pushed its former head of governance out of the organization by treating her unfairly, but not because she voiced concerns that a property sale might violate industry regulations, an employment tribunal ruled.
Expert Analysis
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How The Netherlands Became A Hub For EU Class Actions
As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.
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Navigating The Novel Challenges Facing The Legal Profession
The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.
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New Fixed Costs Rules May Have Unforeseen Consequences
The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.
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Oil And Gas Case Highlights Judicial Review Climate Trends
Although the High Court recently dismissed a judicial review challenge concerning the U.K. oil and gas industry licensing regime, the case highlights how environmental campaign groups are increasingly taking formal steps through court proceedings to challenge the fossil fuel industry and influence government policy, say lawyers at CMS.
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Collapse-Risk Buildings Present Liability Challenges
Recently, buildings, such as Harrow Crown Court, have been closed due to risk of collapse from use of reinforced autoclaved aerated concrete in their construction, but identifying who will pay for the associated damages may be challenging due to expired limitation periods, say Theresa Mohammed, Jonathan Clarke and Villem Diederichs at Watson Farley.
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Age Bias Cases Illustrate Key Employer Issues On Retirement
Recent Employment Tribunal cases demonstrate that age discrimination claims are increasingly on employees' radars, particularly regarding retirement, so employers should be proactive and review their current practices for managing older employees, say Jane Mann and Lucy Sellen at Fox Williams.
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Why Indonesia Feels Frustrated By Airbus Dispute Outcome
Although the U.K. Serious Fraud Office’s Airbus bribery investigation achieved a record payout for regulators, Indonesia’s threat to sue for lack of credit for its contribution serves as a reminder of the need to take care when settlements are distributed among investigating partners, says Niall Hearty at Rahman Ravelli.
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UAE Bank Case Offers Lessons On Enforcing Foreign Rulings
The High Court recently clarified in Invest Bank v. El-Husseini that foreign judgment debts may be enforceable in England, despite being unenforceable in their jurisdiction of origin, which should remind practitioners that foreign judgments will be recognized in England if they are final and conclusive in their court of origin, say lawyers at Macfarlanes.
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9 Hallmarks Of The New German Class Action Regime
By recently adopting a new class action regime, Germany is taking an incremental step toward more collective redress, which may fundamentally change its litigation landscape amid increased European regulatory activity, a growing focus on private enforcement of regulations, and a consumer-friendly German judiciary, say lawyers at Gibson Dunn.
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Protecting The Arbitral Process In Russia-Related Disputes
Four recent High Court and Court of Appeal rulings concerning anti-suit injunction claims illustrate that companies exposed to litigation risk in Russia may need to carefully consider how to best protect their interests and the arbitral process with regard to a Russian counterparty, say lawyers at Linklaters.
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Examining US And Europe Patent Disclosure For AI Inventions
As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.
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Incontinence Drug Ruling Offers Key Patent Drafting Lessons
In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.
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RSA Insurance Ruling Clarifies Definition Of 'Insured Loss'
A London appeals court's recent ruling in Royal & Sun Alliance Insurance v. Tughans, that the insurer must provide coverage for a liability that included the law firm's fees, shows that a claim for the recovery of fees paid to a firm can constitute an insured loss, say James Roberts and Sophia Hanif at Clyde & Co.