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Commercial Litigation UK
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January 16, 2025
Apple CFO Challenges App Store Profit Claim In £1.5B Trial
Apple's chief financial officer told a London antitrust tribunal Thursday that the profitability of the App Store could not be meaningfully measured as he gave evidence in a £1.5 billion ($1.8 billion) class action against the tech giant.
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January 16, 2025
Borough To Pay £64K After Poor Disclosure In Bias Case
A south London borough council must pay £63,772 ($77,959) for discriminating against a Black employee, as an employment tribunal has dismissed the council's defense because it did a "grossly inadequate" job disclosing documents for the proceeding.
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January 16, 2025
Litigation Funding Group Watching Mastercard Row For Now
The Association of Litigation Funders has said it is monitoring a spat between consumer advocate Walter Merricks and Innsworth Capital over the settlement of his multibillion-pound class action against Mastercard — but it has not yet intervened.
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January 16, 2025
Madeira Loses EU State Aid Case Over Tax Breaks
Portugal will have to recover money from companies granted reduced tax rates by its autonomous territory Madeira because the taxpayers failed to meet the terms of two European Commission decisions allowing state aid, the European Court of Justice ruled Thursday.
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January 16, 2025
Royal Mail Must Pay £34K To Postie Accused Of Faking Injury
A former Royal Mail postman has won £33,700 ($41,200) after convincing a tribunal that managers pushed him to quit by accusing him of faking an arm injury.
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January 16, 2025
Scottish Judge Named Prez Of Employment Appeal Tribunal
The head of the judiciary has appointed a Scottish judge to sit as president of the Employment Appeal Tribunal, succeeding Jennifer Eady, who has been in the role since 2022.
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January 16, 2025
Mega-Yacht Seizure Was 'Simply Unreasonable,' Oligarch Says
A Russian businessman urged Britain's highest court Thursday to overturn a government decision to detain his yacht in London in response to Russia's invasion of Ukraine, arguing that it was "simply unreasonable" to believe its seizure would pressure the Kremlin.
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January 16, 2025
Amazon Appeals Interim License Loss In Nokia Patent Spat
Amazon urged the Court of Appeal on Thursday to give it permission to argue that Nokia must offer it an interim license over the telecoms company's video streaming portfolio, saying that Nokia is trying to use litigation to force it into unfair licensing terms.
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January 16, 2025
PrivatBank Founder Must Try To Revive Dissolved Companies
PrivatBank's co-founder, Gennadiy Bogolyubov, must stop "stonewalling" and try to restore several struck-off British Virgin Islands companies that held his assets ahead of a judgment on his role in an alleged $4.2 billion fraud, a London court ruled Thursday.
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January 16, 2025
GSK Can't Appeal Pfizer's Win In Cold Vaccine Patent Fight
A judge on Thursday tossed GSK PLC's bid to appeal a decision to revoke two patents over a vaccine for a virus behind the common cold, ruling that its chances of overturning a successful challenge by rival Pfizer are too slim.
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January 16, 2025
Tech Biz Can't Revive Design For Remote-Controlled Devices
A manufacturer of safety systems has won its bid to ax a rival's design for a wireless remote-control accessory, as a European Union court ruled that all its aesthetic features were required for the product to work.
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January 16, 2025
FIFA Rules Must Be Open To Court Review, ECJ Adviser Says
Sport arbitration awards must be open to "full review" by national courts to ensure that FIFA rules comply with European Union law, an adviser to the bloc's Court of Justice said Thursday, before a Belgian football club's challenge over the sale of players' economic rights.
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January 16, 2025
Axed PE Associate Wins Worker Status In Claim Against Firm
A tribunal has greenlit an attempt by a sacked private equity associate to sue his former firm, ruling that he held worker's status even though he was a member of its partnership.
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January 15, 2025
NatWest Wins €155M Swap Funds Claim Against Mortgage Co.
NatWest's investment banking arm won its claim that a Dutch mortgage company owed it €155 million ($159 million) stemming from several swaps transactions, after a London court ruled Wednesday that this was consistent with the "objective commercial purpose" of the agreements.
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January 15, 2025
Getty AI Ruling Leaves Artists In The Dust
A London court's refusal Tuesday to let a class of potentially tens of thousands of photographers join the U.K.'s premier copyright claim over generative artificial intelligence has effectively left individual creatives without legal recourse against generative AI companies, lawyers say.
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January 15, 2025
Maloney Accuses ICG-Backed Fund Of 'Intimidatory' Tactics
The chairman of one of Ireland's most successful tech businesses accused a unit of a giant private equity group on Wednesday of "reckless and intimidatory behaviour" following a falling out over an investment restructuring plan.
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January 15, 2025
French Football Federation Wins Rooster Logo Battle
The French Football Federation successfully prevented Spanish company Kokito I Punt SL from registering a rooster logo, after a European Union court ruled Wednesday that it was too similar to the football body's iconic emblem.
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January 15, 2025
Whistleblowing Engineer Wins Unfair Firing Claim
A chief engineer has won his claim that he was unfairly fired after raising concerns that a job to replace gas mains in London violated health and safety regulations.
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January 15, 2025
Nationwide Staffer Wins Unfair Dismissal Claim
Nationwide Building Society unfairly fired an employee based on anonymous complaints against her without launching a formal investigation, but didn't discriminate against her based on race or disabilities, an employment tribunal has ruled.
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January 15, 2025
Russia Appeals For State Immunity In $60B Yukos Case
Russia sought Wednesday to block former Yukos Oil investors from enforcing an almost $60 billion arbitration award, telling a London appeals court that English courts must consider its claim to state immunity afresh.
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January 15, 2025
Shvidler Says Arbitrary Sanctions 'Shatter' His Reputation
A billionaire sanctioned for his close ties to Roman Abramovich urged Britain's highest court on Wednesday to lift the measures in a landmark case that could redefine the government's financial crackdown on Russia after it invaded Ukraine.
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January 15, 2025
HSBC Claims Trader Fired for Misconduct, Not Whistleblowing
HSBC has denied unfairly firing a former derivatives trader, arguing at a tribunal Wednesday that he was dismissed because he failed to cooperate with an investigation and for misuse of his work phone rather than as punishment for speaking up about problematic trades.
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January 15, 2025
Food Co. Says Ex-Director Moved Assets Amid Fraud Claim
A food product supplier has claimed a former director moved shares in a construction company to his wife and associates in the face of allegations of fraud and misrepresentation against him in the U.S. and London.
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January 15, 2025
'Enedo' TM Bid Fails Amid Risk Of Mix-Up With 'Enedis' Mark
A European Union court has blocked the latest attempt by a Finnish company to register an "Enedo" trademark, ruling Wednesday that it is too close to an energy firm's "Enedis" brand.
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January 15, 2025
Train Signaler Fired For 'Nazi Food Thrower' Jibe Wins £76K
A tribunal has ordered Network Rail to pay a train signaler £76,300 ($93,300) after it sacked him for allegedly calling a cleaner a "Nazi food thrower," citing a lack of proof that he actually made the comment.
Expert Analysis
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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.
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Putin Ruling May Have Unintended Sanctions Consequences
By widening the scope of control, the Court of Appeal's recent judgment in Mints v. PJSC opens the possibility that everything in Russia could be deemed to be controlled by President Vladimir Putin, which would significantly expand the U.K.'s sanctions regime in unintended ways, say attorneys at Greenberg Traurig.
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EPO Decision Significantly Relaxes Patent Priority Approach
In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.
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Landmark EU Climate Case May Shape Future Disputes
The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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Bias Claim Highlights Need For Menopause Support Policies
The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.
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UK Case Offers Lessons On Hiring Accommodations
The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA Law.
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Shifting From Technical To Clear Insurance Contract Wordings
Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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How Employers Can Support Neurodiversity In The Workplace
A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.
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What's In The Plan To Boost Germany's Commercial Litigation
Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.
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What To Consider When Making Brand Sustainability Claims
A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.
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Retained EU Law Act Puts Employment Rights Into Question
The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU Law Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.
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In Balancing Commerce And Privacy Interests, Consent Is Key
Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say Áron Hegyi and Máté Dura at Schönherr.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.