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Commercial Litigation UK
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September 09, 2024
Asda Faces 60,000 Claims In Largest-Ever Equal Pay Case
A group of retail workers for the Asda supermarket chain urged a tribunal Monday to find that their work is of equal value to warehouse employees, in the opening of the U.K.'s largest-ever private sector equal pay claim.
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September 09, 2024
Broker Denies Botching Cover In £1.3M Parsley Payment Row
An insurance broker has said it is not liable for nearly £1.3 million ($1.7 million) claimed by an herbs and spice producer for allegedly organizing inadequate cover that the business said left it short after a fire broke out at its facility.
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September 09, 2024
Borough Must Pay £4.5M To Director With Grenfell Fire PTSD
An employment tribunal has ordered a London borough to pay £4.5 million ($5.9 million) for harassing and discriminating against a director who suffered secondary post-traumatic stress disorder from work linked to the Grenfell Tower fire.
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September 09, 2024
Millicom Denies Ignoring Staffer's Assassination Plot Claim
Millicom denied claims at a London employment tribunal on Monday that it took no action on allegations that its Tanzanian subsidiary illegally gave the country's government a political opponent's mobile phone location data before a suspected assassination attempt.
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September 09, 2024
Delivery Co. Must Pay £46K To Fire Safety Whistleblower
A former senior manager at a delivery company has won £46,100 ($60,300) after a tribunal ruled that his employer pushed him to quit by failing to probe his fire safety concerns over the rechargeable batteries on courier bikes.
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September 06, 2024
Apple Wins Sex Bias Case Over Remote Work Refusal
Apple defeated claims that it discriminated against a female Spanish employee by ordering her to return to her London-based role as part of a post-pandemic policy, an employment tribunal has ruled.
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September 13, 2024
WilmerHale, Hanotiau Duo Launch New Arbitration Boutique
Two international arbitrators from WilmerHale and Hanotiau & van den Berg have left their previous firms after near-20-year stints to set up their own boutique practice.
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September 06, 2024
Talent Agent Denies 'Luring' Clients With Online Model's TM
A U.K.-based talent manager has denied allegations that he used the trademark of a rival's Instagram model as fake bait to lure others into signing management contracts.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Disabled Police Officer Wins Harassment Case
An employment tribunal has ruled that the Lancashire police force discriminated against an officer with post-traumatic stress disorder and failed to support her remote work requests when her commute increased by nearly two hours.
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September 06, 2024
Magnate Can't Stop Sale Of Airline Shares In €50M Dispute
A company with links to aviation magnate German Efromovich on Friday failed to get an order restraining the chairman of Aeroitalia SRL from selling the assets of the budget carrier pending the determination of a €50 million ($55 million) dispute.
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September 06, 2024
Swiss Oil Trader Wins Pause Of Wholesaler's Abuja Claims
A Swiss oil trader won an interim court order Friday to prevent a Nigerian company from pursuing civil claims in the West African country over an alleged fraudulent scheme to misappropriate its cargo or proceeds arising out of a diesel fuel deal.
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September 06, 2024
Finance Co. Beats Would-Be CEO's Whistleblowing Claim
A U.K. finance company sacked its would-be chief executive because he lacked the experience and skills for the role — not because he had flagged alleged compliance breaches, a tribunal has ruled.
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September 06, 2024
Imam Sues Over 'Liar' Comment After Arena Bombing Inquiry
A former imam at a mosque attended by the Manchester Arena bomber has sued the place of worship and one of its trustees for defamation, alleging that the official called him "a liar" over his evidence to an inquiry into the terror attack.
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September 06, 2024
CMA Wins Bid To Revive £100M Pharma Cartel Fine
A London appeals court has upheld more than £100 million ($130 million) in fines against a group of pharmaceutical companies over an alleged price-fixing cartel, finding on Friday that the Competition and Markets Authority had properly argued its case.
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September 06, 2024
UK Insurers Could Face New Wave Of Biz Interruption Claims
Insurers in Britain could be on the hook for hundreds of millions of pounds in additional business interruption claims after a landmark court ruling on "at the premises" clauses, as the long-running insurance dispute from the COVID-19 pandemic enters its endgame.
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September 06, 2024
English Nationalist Loses Appeal For Protection Of His Views
English nationalism is not a legally protected philosophical belief, the Employment Appeal Tribunal has ruled in a claim by a health worker — the latest in a string of cases that seek a legal shield for controversial, non-religious worldviews.
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September 06, 2024
Frame Makers Sue Photo Printers Over Nail-Free Patent
The owners of a nail-free picture frame patent have accused a photo-printing company of infringing the rights to their invention by selling a near-identical picture frame that uses sticky strips instead of hooks.
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September 06, 2024
Ex-Akin Lawyer Can't Sue Wikipedia For Defamation In UK
A London court prevented a former Akin lawyer on Friday from suing the organizer of Wikipedia for libel, ruling that England is not the right forum for the claim because it turns on his criminal conviction in Switzerland.
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September 06, 2024
ExCeL Wins Landmark £16M COVID Biz Insurance Test Case
An English appeals court agreed with London's ExCeL exhibition center and other policyholders on Friday that national lockdowns during the COVID-19 pandemic triggered "at the premises" clauses in their insurance policies in a test case likely to bolster thousands of other claims.
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September 05, 2024
Rosenblatt Beats Ex-Partner's Race Discrimination Claims
A former Rosenblatt Ltd. partner has lost his race bias claims against the firm as an employment judge ruled that he had waited too long to sue over a former CEO's use of a racial slur at a work dinner.
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September 05, 2024
The Law Firms That Made Millions Representing ENRC
City law firms earned more than $67.8 million defending ENRC and its executives against the Serious Fraud Office’s decadelong criminal corruption and bribery probe. Here, Law360 looks into the firms, more than two dozen of them, whose expenses the SFO might have to cover.
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September 05, 2024
Millicom May Be Linked To Assassination Plot, Ex-Staffer Says
A former Millicom internal investigator told a tribunal on Wednesday that he was sacked for whistleblowing after reporting suspicions that the telecom giant illegally provided the Tanzanian government with an opposition leader's mobile phone data before a suspected assassination attempt.
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September 05, 2024
Notary Authorizing Russian Sale Doesn't Breach Sanctions
A notary does not breach European Union sanctions on Russia when they authenticate the sale of a property owned by a Russian firm, because they act as an independent holder of a public office, an EU court ruled Thursday.
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September 05, 2024
Investors Claim £12.6M Bank Investment Started With A Lie
An investment company and its owner have sued two business partners for more than £12.6 million ($16.6 million) paid to set up a specialist bank, accusing the pair of lying by saying less than half that amount would be needed to get the bank off the ground.
Expert Analysis
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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.
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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.