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Commercial Litigation UK
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November 05, 2024
Barrister Fights Suspension Over 'Vague' Client Money Case
A barrister suspended for mishandling client money urged a court Tuesday to reduce the 18-month sanction, arguing that the vagueness of the charges before the industry's disciplinary tribunal was unfair to his client.
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November 05, 2024
MI5 Called 'Institutionally Defensive' After Manchester Attack
More than 250 survivors and the family members of people killed in the Manchester Arena bombing accused the U.K. intelligence services on Tuesday of "institutional defensiveness" about its failings to uncover information that would have prevented the attack.
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November 05, 2024
Bank Of Africa Appeals Whistleblower's Unfair Dismissal Ruling
The Bank of Africa urged the Employment Appeal Tribunal on Tuesday to toss out a judgment that it had unfairly dismissed an employee, arguing that the ruling was wrong to find she was punished for blowing the whistle on alleged regulatory failures.
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November 05, 2024
ICO Seeks Appeal Of Ruling In Data Breach Affecting 14M
The U.K.'s Information Commissioner's Office is seeking permission to appeal a tribunal ruling that revived electronics retailer Dixons Carphone's bid to have a fine for a privacy breach affecting at least 14 million people reassessed.
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November 05, 2024
Greensill Bank Says Marsh Can't Dodge Australian Litigation
Greensill Bank AG has said that it should be allowed to add Marsh to litigation in Australia linked to the wider group's collapse, arguing in a court filing that it is not bound by an English jurisdiction clause in its contract with the insurance broker.
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November 04, 2024
Shipowner Loses Appeal To Cut Claim Over Damaged Cargo
A London appeals court has rejected a shipowner's argument that an agricultural company overstated a claim for damaged cargo against it by wrongly asking for more than $280,000 that had already been recovered, finding instead that the money was paid under a separate contract.
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November 04, 2024
Tesco Unit Unfairly Axed Staffer For Jibe In 'Lawless' Office
A subsidiary of retail giant Tesco came down too harshly on a delivery driver when it fired him for insulting a colleague considering that the office had a "lawless" and "toxic" culture, a tribunal has ruled.
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November 04, 2024
'I'm Watching You' Comment Was Harassment, Tribunal Rules
A cook at a Welsh community center has won her harassment and unfair dismissal claims after convincing a tribunal that her manager's comments about her second job and telling her he was "watching" her were discriminatory.
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November 04, 2024
Steve Coogan's Production Co. Denies Ripping Off Sitcom
Steve Coogan's production company hit back on Monday at accusations that it ripped off a sitcom of a London-based comedian, claiming at a London trial that any similarities were coincidental and that it was "deeply implausible" that it copied the show.
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November 04, 2024
Litigation-Funding Report Signals Overhaul Of Sector
A government advisory body has indicated that it is weighing whether it is time to regulate litigation-funding and cap fees, as the industry has exploded and potentially contributed to the collapse of a law firm specializing in consumer claims.
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November 04, 2024
Hedge Fund Lawyer Denies Role In £1.4B Cum-Ex Fraud
The former top lawyer at a hedge fund accused of defrauding Denmark's tax authority of £1.4 billion ($1.8 billion) told a London trial Monday he had no knowledge of cum-ex trading fraud at the business.
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November 04, 2024
Conservative MP Revives Bill To Target Abusive SLAPPs
A Conservative MP has reintroduced a bill to tackle spurious litigation brought by wealthy elites designed to gag reporting and silence criticism, reviving legislation that had broad cross-party support before July's general election.
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November 04, 2024
Questions Loom Over World-First Pay Reporting Regulations
A plan to require employers in Britain to report their ethnic and disability pay gaps would be a world first — but it is also fraught with data management challenges and uncertainty about how much it will actually improve pay equality, lawyers say.
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November 04, 2024
Law Firm Sues UK Gov't Over Axed Legal Aid Contract
A law firm has accused the U.K. government of unlawfully pulling a legal aid contract after it missed a key deadline, telling a London court that there were no grounds to terminate the deal.
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November 04, 2024
Channel 4 Fights Storm Chaser's Hurricane Footage Claim
British broadcaster Channel 4 told a London court that it did not infringe the copyright for an American videographer's footage of Hurricane Beryl, as the news outlet argued that it had used only small clips and always credited the self-described storm-chaser.
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November 04, 2024
Tende Energy And Finance Biz Settle $5M Loan Dispute
A financial services company in the Cayman Islands has settled its $5 million claim against energy developer Tende Energy over an allegedly unpaid debt that arose from its deal to transfer to Tende its rights to a loan with another oil and gas exploration company.
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November 01, 2024
Investors Solely Liable For £5.4M Investment, Say Law Firms
Two law firms have hit back against a £5.4 million ($7 million) negligence claim by property investors, arguing there was no indication that the building project the investors put their money into was a Ponzi scheme.
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November 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two industry magnates take on the Gambling Commission, Ordinance Survey hit with a claim from a Swiss GPS maker, and China's largest oil company PetroChina face a claim from a Polish documentary maker. Here, Law360 looks at these and other new claims in the U.K.
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November 01, 2024
Uber Sued For £199M By Cab Drivers Over Market Dominance
A group of more than 13,000 London black cab drivers have sued Uber for over £199 million ($258 million), arguing the ride-hailing app undercut their profits by unlawfully operating a private hire service in the capital.
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November 01, 2024
Gateley Blocked Ex-CEO In Meat Biz Acquisition, Client Says
Gateley PLC deliberately concealed the fact that a client, a former chief executive for a meat supplier, would be excluded from purchasing a business and instead acted for rival winning bidders, the ex-CEO has claimed.
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November 01, 2024
Fired Supercar Salesman's 'Racist Banter' Kills Bias Claim
A South African Lamborghini salesman has lost his race discrimination case, with a tribunal ruling that being insulted with reference to his nationality did not negatively affect him because it was "racist banter."
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November 01, 2024
UK Private Schools Challenging Plan To Charge VAT On Fees
The Independent Schools Council said Friday it plans to contest the government's decision to levy value-added tax on private school fees beginning in January.
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November 01, 2024
Portfolio Manager Loses Sex Discrimination Claims
A former senior manager at a London investment company has failed to convince a tribunal that she was excluded from meetings and faced sexist comments because she was a woman in a male-dominated workplace.
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November 01, 2024
Barclays Ruling A Blow For Passive Investors Suing In UK
The willingness of the High Court to cut passive investors from a shareholders' claim that accuses Barclays of making misleading statements about its "dark pool" trading venue presents a substantial challenge to the prospects of stock price-drop litigation against listed companies.
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November 01, 2024
Craig Wright Faces Contempt Case Over £911M Bitcoin Claim
Computer scientist Craig Wright was accused at a London court on Friday of violating a court order by claiming he was the inventor of Bitcoin, in a claim worth an estimated £911 million ($1.2 billion), after a judge had concluded he had repeatedly lied about creating the digital currency.
Expert Analysis
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Inside The Premier League's Financial Regulation Dilemma
The Premier League's arbitration award in its dispute with Manchester City Football Club has raised significant financial governance concerns in English football, and a resolution may set a precedent in regulatory development, say consultants at Secretariat.
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What UK Procurement Act Delay Will Mean For Stakeholders
The Procurement Act 2023’s delay until February 2025 has sparked debate among contracting authorities and suppliers, and the Labour Party’s preference for a broader reform package demonstrates the challenges involved in implementing legislative changes where there is a change in government, say lawyers at Shoosmiths.
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2 Highlights From Labour's Notable Employment Rights Bill
The Labour government’s recently unveiled Employment Rights Bill marks the start of a generational shift in U.K. employment law, and its updates to unfair dismissal rights and restrictions on fire-and-rehire tactics are of particular note, say lawyers at Covington.
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Inspecting The New Int'l Arbitration Site Visits Protocol
The International Bar Association's recently published model protocol for site visits is helpful in offering a standardized, sensible approach to a range of typical issues that arise in the course of scheduling site visits in construction, engineering or other types of disputes, say attorneys at V&E.
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Opinion
Why The UK Gov't Should Commit To An Anti-SLAPP Law
Recent libel cases against journalists demonstrate how the English court system can be potentially misused through strategic lawsuits against public participation, underscoring the need for a robust statutory mechanism for early dismissal of unmeritorious claims, says Nadia Tymkiw at RPC.
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5 Takeaways From UK Justices' Arbitration Jurisdiction Ruling
The U.K. Supreme Court's recent judgment in UniCredit Bank v. RusChemAlliance, upholding an injunction against a lawsuit that attempted to shift arbitration away from a contractually designated venue, provides helpful guidance on when such injunctions may be available, say attorneys at Fladgate.
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FCA's Broad Proposals Aim To Protect Customer Funds
The Financial Conduct Authority’s proposed changes to payments firms’ safeguarding requirements, with enhanced recordkeeping and fund segregation, seek to bolster existing regulatory provisions, but by introducing a statutory trust concept to cover customers’ assets, represent a set of onerous rules, says Matt Hancock at Greenberg Traurig.
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Complying With Growing EU Supply Chain Mandates
A significant volume of recent European Union legislative developments demonstrate a focus on supply chain transparency, so organizations must remain vigilant about potential human rights and environmental abuses in their supply chain and make a plan to mitigate compliance risks, say lawyers at Weil.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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What EU Antitrust Guidelines Will Mean For Dominant Cos.
The European Commission’s recent draft antitrust guidelines will steer courts' enforcement powers, increasing the risk for dominant firms engaging in exclusive dealing without any apparent basis to shift the burden of proof to those companies, say lawyers at Latham.
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Reflecting On 12 Months Of The EU Foreign Subsidy Regime
New European Commission guidance, addressing procedural questions and finally providing clarity on “distortion” in merger control and public procurement, offers an opportunity to reflect on the year since foreign subsidy notification obligations were introduced, say lawyers at Fried Frank.
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Employer Lessons In Preventing Unlawful Positive Action
A recent Employment Tribunal decision that three white police officers had been subjected to unlawful race discrimination when a minority detective sergeant was promoted demonstrates that organizations should undertake a balancing approach when implementing positive action in the workplace, says Chris Hadrill at Redmans Solicitors.
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Review Of EU Cross-Border Merger Regs' Impact On Irish Cos.
Looking back on the year since the European Union Mobility Directive was transposed into Irish law, enabling Irish and European Economic Area limited liability companies to participate in cross-border deals, it is clear that restructuring options available to Irish companies with EU operations have significantly expanded, say lawyers at Matheson.
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Decoding Arbitral Disputes: Spanish Assets At Risk Abroad
The recent seizure of a portion of London Luton Airport after an English High Court ruling is the latest installment in a long-running saga over Spain’s failure to honor arbitration awards, highlighting the complexities involved when state-owned enterprises become entangled in disputes stemming from their government's actions, says Josep Galvez at 4-5 Gray's Inn Square Chambers.
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Comparing Apples To Oranges In EPO Claim Interpretation
A referral before the Enlarged Board of Appeal could fundamentally change the role that descriptions play in claims interpretation at the European Patent Office, altering best drafting practices for patent applications construed there, say lawyers at Finnegan.