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Commercial Litigation UK
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January 21, 2025
British Gas And E.ON Fight To Overturn Gov't Buyout Of Rival
Energy suppliers British Gas and E.ON urged the Court of Appeal on Tuesday to give them a second chance to argue that the government mishandled the taxpayer-supported buyout by Octopus Energy of a collapsed rival amid skyrocketing energy prices.
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January 21, 2025
Class Action Reps Face Tougher Bar On Leadership Capability
The recent outright refusal by the Competition Appeal Tribunal to certify a class action against Amazon and Apple due to concerns over the "independence" of the proposed class representative indicates the CAT's toughening approach to the suitability of those selected to lead high-value consumer claims.
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January 21, 2025
Police Force Arrests Officer's Victimization Claim On 2nd Try
A police force has persuaded a tribunal to dismiss an officer's allegation that the force victimized him for previously bringing a discrimination allegation, proving the second time around that an earlier settlement barred future claims.
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January 21, 2025
Retail Votes The Key To Deciding Investment Trusts' Future
Investment trusts on the London stock market should work at persuading retail investors that they have viable plans to increase value for shareholders if they want to defend against activist shareholders moving in to seize control, lawyers say.
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January 21, 2025
HMRC Wins Appeal In £197M BlueCrest Tax Battle
A London appeals court has sent a challenge by British-American hedge fund BlueCrest to a demand from HM Revenue and Customs for approximately £197 million ($242 million) in tax back to a lower tribunal for fresh consideration.
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January 20, 2025
GlobalData Loses Bid To Bar Ex-Director's Share Options Suit
A former director of GlobalData PLC can sue for employee share scheme options worth £840,000 ($1.1 million) after a court ruled Monday that he had a realistic shot at winning his case that the company from wrongly prevented him from cashing in.
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January 20, 2025
Solicitor's Past Contact With Judge No Reason To Retry Case
A tribunal has ruled that a solicitor cannot get a second shot at his victimization claim against his old firm, concluding it was not an issue that he had been involved in a case with the same judge two years before.
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January 20, 2025
IT Biz Denies Role In 'Outlandish Allegations' Against Charity
An IT consultancy has told a court it had "no role" in making allegedly "outlandish" accusations against a marine navigation charity, arguing that it should never have been dragged into a fight between the charity and its tech provider.
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January 20, 2025
Law Prof Wins Battle To Lead £2.7B Amazon Class Action
The Competition Appeal Tribunal ruled on Monday that a law academic can act as the representative in a proposed class action against Amazon, deciding that the professor presented a more viable claim than a trade organization also vying for the role.
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January 20, 2025
COVID Biz Insurance Litigation Returns With Test Case Appeal
A group of insurers will challenge test-case litigation over business interruption insurance in connection with the COVID-19 pandemic at the Court of Appeal in London on Tuesday, a hearing that lawyers say could have a long-term impact on disputes over cover.
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January 20, 2025
Prince Harry's Fight With Murdoch Media Empire Reaches Trial
Prince Harry's long-standing personal legal battle against tabloid newspapers for allegedly invading his privacy will reach a landmark stage on Tuesday, as his case against the U.K. arm of Rupert Murdoch's media empire goes to trial in London.
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January 20, 2025
Standup Comedian Sues Soho Theater For Antisemitism Libel
A comedian has sued a West End theater for releasing a "seriously defamatory" press statement which claimed he had intimidated and verbally abused a Jewish member of the audience after one of his shows.
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January 20, 2025
Legal Tech Biz Defeats Developer's Age Bias Claim
An employment tribunal has tossed a software engineer's age discrimination claim against a patent search platform developer, finding that his arguments would be more relevant in an unfair dismissal case.
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January 20, 2025
Sacked NHS Lab Assistant Wins £71K Over Disability Bias
A National Health Service trust must pay £71,000 ($86,600) to a disabled former lab assistant after it discriminated against her by firing her and providing a bad reference, a tribunal has ruled.
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January 20, 2025
SocGen Can't Move €140M Clifford Chance Case To France
Clifford Chance has beaten Société Générale SA's bid to move its €140 million ($145 million) negligence claim against the law firm's European arm to France, as the Court of Appeal ruled on Monday that the case should be heard in England.
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January 20, 2025
Aldi Copied Thatchers' Cider Branding, Court Rules
The makers of Thatchers cider persuaded a London appeals court on Monday that Aldi had copied its branding, dealing a significant blow to discount supermarket lookalike practices in the U.K.
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January 17, 2025
Jones Day Hires Ex-Justice Secretary Alex Chalk As Partner
Jones Day said Friday it has hired former justice secretary Alex Chalk KC as a partner in its London office, boosting its global disputes practice with both legal and political experience.
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January 17, 2025
Ryanair Can´t Blacklist Striking Pilots, Appeals Court Says
A London appeals court ruled Friday that Ryanair couldn't blacklist employees for striking, handing a victory to a group of pilots who claimed the low-cost giant was punishing them for picketing over pay and working conditions in 2019.
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January 17, 2025
Law Prof Says Litigation Over Firing Is Genuine, Not Vexatious
A former professor of law at the University of Warwick defended herself on Friday against an attempt by her former employer to get a court order to stop her from bringing any further claims, saying her attempt to clear her name is genuine and not vexatious.
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January 17, 2025
Ex-SFO HR Head Claims Bosses Forced Him Out
The former head of human resources at the Serious Fraud Office has sued the authority for unfair dismissal, telling a tribunal that executives forced him to quit after they "consistently undermined and sidelined" him before hiring someone else to take on his duties.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 17, 2025
Steve Coogan's Production Co. Defeats Comedy Rip-Off Claim
Steve Coogan's production company has defeated a claim that it ripped off a comedian's sitcom after a London court on Friday found that the original series was not capable of being protected by copyright.
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January 17, 2025
Scottish Power Loses £28M Redress Case Against HMRC
Scottish Power lost its appeal against HM Revenue and Customs on Friday, as a tribunal ruled that the energy company was wrong to argue that just over £28 million ($34 million) in redress payments it made after being investigated for regulatory failures was tax-deductible.
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January 17, 2025
Oligarch Loses $14B Claim Over Russian Asset-Stripping Plot
Imprisoned oligarch Ziyavudin Magomedov's $14 billion claim against Transneft, Rostatom, TPG and others over an alleged Russian state-led conspiracy to strip his assets in two major port operators was struck out at a London court on Friday.
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January 16, 2025
UK CMA Settles Sports Betting Company Divestiture
Spreadex has appealed an order from the U.K.'s competition enforcer commanding it to sell off a sports betting company that it acquired in 2023, but in the meantime, it is taking all the necessary steps to comply with the agency's order.
Expert Analysis
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Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds
With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.
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Nix Of $11B Award Shows Limits Of Arbitral Process
A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.
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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.