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Commercial Litigation UK
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July 03, 2024
Ship's Cook Wins £28K For Sacking Over Hip Pain
An employment tribunal has awarded a cook working for a Scottish ferry company over £28,000 ($35,749), ruling his employer unfairly sacked him after he developed a painful hip condition.
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July 03, 2024
Top UK Court To Define 'Payment' For Lawyer Fee Disputes
The U.K.'s highest court is set to rule on the meaning of "payment" for determining when the clock starts ticking for clients to challenge solicitors' fees as part of a personal injury claim row with an English firm heard by justices on Wednesday.
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July 03, 2024
UralChem Owner Can't Shift EU Sanctions
The European Union's General Court on Wednesday upheld sanctions against oligarch Dmitry Mazepin, finding he remains a leading businessperson in Russia's economy and a major owner of UralChem, one of the country's biggest mineral fertilizer manufacturers.
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July 02, 2024
Shelving Biz Hits Rival With Design Infringement Claim
An Australian shelving manufacturer has sued a British rival for registered design infringement, arguing that certain shelving support bars being offered on the rival's U.K. website copy significant features of its intellectual property without consent.
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July 02, 2024
Gambling Biz Settles €273M Buyout Dispute With Financier
Gambling hall operator MaxBet has settled a host of international legal disputes with Luxembourg-based financial holdings company Maximus stemming from a deal for Maximus to purchase various MaxBet-owned businesses that went south, lawyers for MaxBet told Law360 on Tuesday.
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July 02, 2024
Construction Boss' Choice To Cut His Salary Kills Benefits Bid
A director has failed to sway an employment tribunal that he was an employee of a now-defunct construction company, because his decision to cut his salary meant he wasn't earning enough to qualify as one.
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July 02, 2024
£8.5M Property Deal Said To Defraud Creditors In Debt Row
A British Virgin Islands-registered company has asked a London court to declare that the transfer of an estimated £8.5 million ($10.8 million) property by one of its debtors was done to intentionally hinder the company's chances to reclaim the money it is allegedly owed.
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July 02, 2024
Worldpay Faces Demand For Client Info In Alleged FX Fraud
An architecture firm has asked a London court to order merchant service provider Worldpay to hand over a virtual ledger of one of its customer's accounts in an attempt to track down $1.17 million allegedly missing in a forex broker fraud.
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July 02, 2024
Barristers Fight For Fees Stemming From Adjourned Trial
Two barristers on Tuesday urged a London appellate court to overturn a ruling that they were not entitled to the majority of approximately £150,000 ($190,140) in fees that a client had agreed to pay because the £20 million trial at which they were due to represent her was adjourned.
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July 02, 2024
Rolls-Royce, BMW Sue Parts Designer Over IP
Rolls-Royce and BMW have accused a U.K. platform that sells bespoke car parts of infringing their trademarks by using their iconic logos without consent and misleading consumers.
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July 02, 2024
Ex-Bird & Bird Pro Fights To Toss Sexual Misconduct Case
A former Bird & Bird LLP partner asked the Solicitors Disciplinary Tribunal on Tuesday to throw out allegations of sexual misconduct toward two junior female colleagues, arguing that the sector's watchdog was prosecuting him after "egregious" delays and an "inadequate" investigation.
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July 02, 2024
Toy Maker Sues Aldi Over Copycat Cuddly Teddy Dragon
A manufacturer of collectible cuddly toys has accused Aldi of selling a rip-off of its dragon teddy design in its stores in Britain.
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July 02, 2024
Textile Biz Sues Workers For Poaching Premier League Clients
A textile company with ties to several Premier League football clubs is suing two of its former employees after they committed "flagrant" breach of their duties by allegedly misusing trade secrets, copying designs and poaching clients when setting up their new company.
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July 02, 2024
Pfizer, BioNTech Infringed Moderna's MRNA Vaccine Patent
Pfizer and BioNTech are on the hook for infringing Moderna's protections over its mRNA vaccines after a London court upheld on Tuesday the validity of one of two key U.K. patents over the technology.
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July 02, 2024
Canal Owner Can Sue United Utilities For Sewage Pollution
Britain's highest court ruled unanimously on Tuesday that a shipping canal owner can bring a private law claim against the utility business that it alleged polluted its waterway, a landmark decision that could spur further claims against water companies.
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July 02, 2024
HSBC Beats Former Risk Chief's Race Bias Case
HSBC has dodged claims of discrimination and unfair dismissal from a former financial risk chief after the High Street bank proved that it let him go because his role had become redundant, convincing a tribunal that race played no part in the decision.
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July 01, 2024
German Co. Says Burford Fight Can Be Litigated
A company suing the German arm of law firm Hausfeld LLP for allegedly trying to circumvent a German ban on contingency fees in certain antitrust litigation is arguing that its discovery request to litigation funder Burford Capital for use in the Hausfeld litigation doesn't belong in arbitration in London.
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July 01, 2024
Solicitor's COVID Letters Had 'No Legal Merit,' SRA Says
The Solicitors Regulation Authority accused a solicitor at a London tribunal Monday of wrongly sending threatening legal letters to bodies for his clients who refused the COVID-19 vaccine, saying the letters had "no legal merit."
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July 01, 2024
Artist Not Entitled To Exhibition Profits, Argues Arts Charity
A charity has argued that an artist it previously sued for £100,000 ($125,500) over holographic portraits of the queen wasn't entitled to profits from a 2012 exhibition of those works.
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July 01, 2024
Union Fights For Damages At UK Top Court In Dues Case
A public services union took its bid for damages to the U.K.'s top court Monday, arguing that unions as well as employees should be awarded compensation after the government stopped deducting membership fees from civil servants' pay.
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July 08, 2024
Signature Litigation Opens In Frankfurt With Mayer Brown Duo
Signature Litigation LLP announced it launched a new office Monday in Frankfurt, with two former Mayer Brown LLP partners joining the dispute resolution firm to spearhead its operations in Germany.
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July 01, 2024
Pilots Fight TUI Over Changed Income Protection Scheme
A group of airline pilots launched their fight against TUI Airways Ltd. on Monday over allegations that the carrier breached their contracts by slashing its income protection policy for pilots who have to stop flying for health reasons.
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July 01, 2024
Accountant Loses Employee Status Bid In Partnership Fight
A tax accountant has failed to convince an appeals tribunal that he was an employee at the time of his dismissal, because despite a "shambolic" transition and lack of a written agreement, the genuine intention was to promote him to partner.
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July 01, 2024
Company Director Accused Of Funds' Use For Own Expenses
A supply chain company is suing a former director and his wife for over £2 million ($2.5 million), alleging he authorized company payments toward hotels in Dubai, a London private members club and his daughter's tuition fees for his family's benefit.
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June 28, 2024
UK Appeals Court Rules Businesses Can't Claim Allowances
Two U.K. businesses may not claim capital allowances from a transaction that was carried out as part of a marketed tax avoidance scheme, a British appeals court ruled Friday, overturning a lower court's decision.
Expert Analysis
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2024 Will Be A Busy Year For Generative AI And IP Issues
In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
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Regulating Digital Platforms: What's Changing In EU And UK
Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.
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Dyson Decision Highlights Post-Brexit Forum Challenges
The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.
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9 Takeaways From The UPC's First 6 Months In Session
Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.
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How Boards Can Mitigate Privacy, Cybersecurity And AI Risks
In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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The Outlook For UK Restructuring Plans At Home And Abroad
The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
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The Top 7 Global ESG Litigation Trends In 2023
To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.
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Proposed Amendment Would Transform UK Collective Actions
If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.
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Employment Law Changes May Increase Litigation In 2024
As we enter 2024, significant employment law updates include changes to holiday pay, gender equality and flexible working, but the sector must deal with the unintended consequences of some of these changes, likely leading to increased litigation in the coming year, says Louise Taft at Jurit.
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How 'Copyleft' Licenses May Affect Generative AI Output
Open-source software and the copyleft licenses that support it, whereby derivative works must be made available for others to use and modify, have been a boon to the development of artificial intelligence, but could lead to issues for coders who use AI to help write code and may find their resulting work exposed, says William Dearn at HLK.