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Commercial Litigation UK
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August 01, 2024
Ex-Labour Exec Denies Race Bias In Staffer's Sacking
A former Labour Party director told the Employment Tribunal Thursday that the race of a staff member of Pakistani heritage had "nothing whatsoever to do" with a decision to sack her for accessing a confidential file about the suspension of a broadcaster from the party.
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August 01, 2024
Law Firm, Partners Fined Over Misuse Of Client Cash
A law firm and two of its name partners have been fined a total of £36,000 ($46,000) plus costs after a tribunal found that they had used client funds to provide banking services rather than legal services and failed to have any anti-money laundering protections in place.
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August 01, 2024
Italy's Banca Generali Beats Credit Note Issuer's Appeal
A London appeals court has ruled an Italian bank can remove and replace a special purpose vehicle's financial agents working on a series of securities transactions that went south, without needing the SPV's consent.
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August 01, 2024
Signature Litigation Can't Stop Billionaire's £13M Fees Probe
A Georgian billionaire can challenge the £12.8 million ($16.4 million) that Signature Litigation LLP charged him for advice because the firm's invoices under a conditional fee agreement were not final, a London appeals court ruled Thursday.
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August 01, 2024
Tchenguiz Can't Dodge £8M IG Index Spread Betting Debt
Real estate investor Robert Tchenguiz has to repay an investment platform a spread-betting debt of £8 million ($10.2 million) after a court ruled Thursday that the company had correctly characterized him as a professional investor.
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August 01, 2024
'Gender War' Researcher Settles Bias Claim Against University
An academic has reached a settlement over her claims that a London university harassed and fired her because it did not want to publicize her research about the persecution of feminists who believe that sex is immutable.
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July 31, 2024
Ghanaian Oil Co. Hit With Sanctions In Discovery Fight
A Texas federal judge has slapped sanctions against an African energy company after finding that it lied in Ghanaian court about a discovery dispute related to a case in Ghana, saying attorney fees and costs are appropriate in relation to several proceedings.
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July 31, 2024
Temp Gov't Worker Loses Bias Case Over Gender Views
A temporary worker has lost his claim that the Scottish government discriminated against him over his belief that sex is immutable after an employment tribunal found that he was deliberately provoking colleagues who might disagree with him.
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July 31, 2024
Jusan, News Outlet End Libel Dispute Over Ex-Kazakh Leader
Jusan Technologies Ltd. has settled its defamation claim against the Bureau of Investigative Journalism stemming from online reports that the company was set up to hide assets belonging to a former president of Kazakhstan, the news organization said Thursday.
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July 31, 2024
FCA Can't Avoid Paying Julius Baer Bankers' Legal Costs
Britain's financial watchdog lost its appeal to avoid paying part of the legal costs for two former employees of Swiss bank Julius Baer accused of acting recklessly and lacking integrity with specific foreign exchange transactions.
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July 31, 2024
Tesla Gets 2nd Wind In InterDigital FRAND Claim
A London judge gave Tesla the go-ahead Wednesday to appeal part of a ruling blocking it from seeking to litigate licensing rates for a 5G patent pool against InterDigital and Avanci in the U.K.
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July 31, 2024
Care Home Company Fails To Trim Workers' Payouts
A London appeals judge on Wednesday refused to let a care home company reduce the amount of money it must pay out to workers fired for protected disclosures about their pay, saying that the lower tribunal had been right that it was not "just and equitable" to do so.
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July 31, 2024
Retired Couple Can't Duck Ex-Solicitor's Forex Deceit Win
A London appellate court ruled Wednesday that a financial advisor and his wife cannot escape liability to compensate a former lawyer over £500,000 ($642,135), after the appellate judge found they were partners in a now-defunct foreign exchange trading scheme.
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July 31, 2024
Amazon, Eversheds Lawyers Can't Shake Whistleblower Claim
Amazon's senior employment lawyer and two Eversheds Sutherland solicitors have failed to block an unfair dismissal claim brought by an ex-employee of the tech giant's cloud business, after a London tribunal found it was too early to rule on their responsibility for his leaving.
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July 31, 2024
Rosling King's Defense Trimmed In Negligence Claim
A judge on Wednesday tossed out part of Rosling King LLP's defense to a negligence claim brought by a former client, finding the law firm could not challenge an earlier decision that a litigation strategy was bound to fail.
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July 31, 2024
Eversheds Sutherland Launches Arbitration Practice In Poland
Eversheds Sutherland has launched an arbitration and complex commercial disputes practice in its Warsaw, Poland, office, bringing over three attorneys previously with Kochanski & Partners to operate it.
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July 31, 2024
Ex-Fieldfisher Lawyer Says Sex Assault Claim Was Conspiracy
A former senior associate at Fieldfisher LLP sacked over sexual harassment allegations told a tribunal Wednesday that a "group of close friends" had conspired to falsely accuse him of sexually assaulting a co-worker in a toilet during a work event.
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July 31, 2024
The 1975 Sued For £2M Over Same-Sex Kiss On Stage
The organizers of a Malaysian music festival are suing The 1975 and the British band's members for almost £2 million ($2.6 million) over a same-sex kiss initiated by frontman Matty Healy on stage at the event, which the organizers say breached the country's law and led to the festival being canceled.
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August 07, 2024
RPC Recruits New Insurance Partner From Womble Bond
Reynolds Porter Chamberlain LLP has hired Christian Charlesworth as an insurance partner from Womble Bond Dickinson (UK) LLP to join its office in the southwestern English city of Bristol.
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July 31, 2024
Holding Co. Can't Dodge Liability In IP Misrepresentation Feud
A London court has rejected a holding company's bid for a declaration that a cashpoint software business it sold in 2020 owns a disputed set of intellectual property, dashing the company's hopes of shielding itself from potential liability for other shareholders' alleged misrepresentations during the sale.
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July 30, 2024
Georgia Fends Off Massive Port Project Claim
An international tribunal has rejected a multinational consortium's claim against the Georgian government for nixing a contract to construct a deep-water port on the eastern shore of the Black Sea.
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July 30, 2024
Tanzania To Pay Indiana Resources $90M In ICSID Dispute
Tanzania has agreed to pay $90 million to a trio of Indiana Resources Ltd.'s majority-owned firms in a settlement over the African country's alleged unlawful expropriation of a nickel sulfide project, according to the Australian mining company.
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July 30, 2024
Consumers Can Appeal Some Blocked UK Mastercard Claims
The United Kingdom's specialty antitrust court gave the go-ahead Tuesday for a partial appeal of its June decision scrubbing as time-barred a swath of claims from a £10 billion ($12.7 billion) class action against Mastercard, while concluding some grounds of appeal have no "real prospect of success."
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July 30, 2024
Gov't To Boost Judicial Salaries By 6% To Tackle Vacancies
All salaried judges in England and Wales will get a 6% pay rise, the U.K. government said Tuesday, after a salary advice body revealed that "significant and persistent problems" have worsened delays in filling some vacancies.
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July 30, 2024
Samsung Gets J&J Unit's UK Stelara Patent Invalidated
Samsung Bioepis on Tuesday persuaded a London court to invalidate Janssen's patent over its blockbuster Stelara drug, proving that the medicine is not inventive over a 2018 presentation on the medicine's efficacy.
Expert Analysis
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.
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UK Courts Continue To Struggle With Crypto-Asset Cases
Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.
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Why Computer Evidence Is Not Always Reliable In Court
Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.
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Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases
The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.
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Employer Lessons From Ruling On Prof's Anti-Zionist Views
In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.
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Design Rights Can Build IP Protection, EU Lego Ruling Shows
The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.
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ECJ Ruling Clarifies Lawyer Independence Questions
The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.
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Unpacking The Law Commission's Digital Assets Consultation
The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.
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1st Appellate Ruling On Digital Terms Sets Tone For Disputes
The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.
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Insurance Policy Takeaways From UK Lockdown Loss Ruling
An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.
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How Employers Should Respond To Flexible Work Requests
U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.
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What COVID Payout Ruling Means For Lockdown Loss Claims
While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Opinion
PACCAR Should Be 1st Step To Regulating Litigation Funders
Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.