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Commercial Litigation UK
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October 28, 2024
Law Firm Scores Own Goal In Footballers' Data Row
A sports law firm cannot prevent a lender from advertising a winding-up petition over an unpaid loan of £500,000 ($650,000) to fund litigation over the alleged misuse of professional footballers' data, a London court has ruled.
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October 28, 2024
Allianz Beats Theater Biz Attempt To Revive COVID-19 Claim
Allianz has beaten a theater operator's attempt to revive a COVID-19 business interruption claim, as an appeals court ruled on Monday that the insurer's policy did not cover losses caused by government-mandated lockdowns.
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October 25, 2024
Ex-Chelsea FC Owner Wins £150K In Murder Libel Claim
Ken Bates, the former owner of Chelsea FC, has won £150,000 ($195,000) in damages from a motor-sports writer, after a judge found Friday that the reporter's article accusing the businessman of murdering rivals, multiple sophisticated frauds and tax evasion caused serious harm to his reputation.
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October 25, 2024
Celltrion Challenges Rival Asthma Treatment At Trial
Counsel for Celltrion Inc. kicked off at trial Friday alleging that a patent underpinning rival Genentech's asthma treatment should be nixed, marking the latest in an ongoing global spat over omalizumab.
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October 25, 2024
Barclays Slashes £330M From UK Investors' 'Dark Pool' Claim
Barclays on Friday won its bid to more than halve the value of a £560 million ($726 million) securities fraud claim brought by investors at the High Court in London based on allegations it misled them about its "dark pool" trading platform.
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October 25, 2024
Close Brothers Lose Appeal In Landmark Motor Finance Case
Close Brothers Ltd. and other motor finance lenders must fully disclose commissions charged to customers taking out a car loan, or face repaying the secret fee, a London appeal court ruled Friday in a landmark test case.
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October 25, 2024
'Business Guru' Denies Claim Of £5.6M Ponzi Scheme
A self-styled "business guru" has hit back at a £5.6 million ($7.3 million) fraud claim in the High Court, denying running a Ponzi scheme and duping an investor into funding a bogus loan scheme for a luxury hotel development.
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October 25, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.
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October 25, 2024
Sainsbury's Manager Threatened By Colleague Wins £59K
Sainsbury's must compensate a former manager more than £59,000 ($76,553) for failing to respond to threats and foulmouthed outbursts the manager faced from a colleague, a tribunal has ruled.
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October 25, 2024
Lloyds Hit With Fraud Claim By Collapsed Broadcast Co.
Lloyds Bank PLC has been sued by liquidators of a broadcasting equipment company in the latest legal claim to be filed against the bank by parties related to the collapse of Arena Television amid fraud allegations.
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October 25, 2024
Chambers Assistant Can Pursue Disability-Related Claims
An employment tribunal has ruled that an assistant practice manager at 3 Bolt Court Chambers suffered from severe anxiety and depression when she was fired, allowing her to bring disability-related claims against her bosses.
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October 25, 2024
Deutsche Bank Wins £360K Costs From Trader In Bonus Row
A London judge Friday ordered a former Deutsche Bank trader to pay more than £360,000 ($467,000) as an early payment of the bank's legal costs after she lost her breach of contract case over assurances allegedly given about her compensation.
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October 25, 2024
Pfizer Loses Hemophilia Gene Therapy Patent Row To UniQure
A London court held Friday that uniQure's patent covering hemophilia gene therapy is valid because the specific protein it uses is not obvious, and that Pfizer infringed the patent with the development of its own version of the treatment.
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October 25, 2024
Baker McKenzie Lawyer Fined For Refusing Breathalyzer Test
A Baker McKenzie lawyer who was convicted for refusing to take a roadside breath test after being pulled over by the police was fined £2,500 ($3,250) by the Solicitors Disciplinary Tribunal on Friday.
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October 25, 2024
BHP, Vale Reach $32B Brazil Dam Settlement Amid UK Trial
Mining giant BHP announced Friday that the Brazilian government has signed off a final $31.7 billion settlement package to compensate communities devastated by the collapse of a dam nine years ago.
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October 25, 2024
Commerzbank Can Pursue Staffer For Fake Sex Assault Claim
A London court ruled Friday that a former Commerzbank AG analyst will face contempt of court proceedings after making false sexual assault allegations against a colleague as part of his failed harassment case against the bank.
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October 25, 2024
Chubb Not On Hook For News Staffer's Discrimination Claim
Chubb is not liable for a discrimination claim by a former news company staffer because her employer's insurance policy ruled out liability for wrongful employment practices, a tribunal has ruled.
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October 24, 2024
Abbott Rival Exec Defends Diabetes Monitor Shape In TM Fight
The chief operating officer of medical device manufacturer Sinocare Inc. told a London court Thursday he "never imagined" that Abbott Laboratories could have trademarked a circular shape for a diabetes monitor that is at the center of copying allegations.
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October 24, 2024
Heineken Faces €160M Claim After Dutch Market Abuse Ruling
Heineken was held jointly liable for its Greek subsidiary abusing its dominant position to hold back competitors by a Dutch court, paving the way for a rival brewery to press home its over €160 million ($173 million) antitrust claim against the beer giant.
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October 24, 2024
Union Threatens First-Ever Private Case Over Museum Strike
A trade union threatened on Thursday to launch a private prosecution against the security contractors for London's Science and Natural History museums if they hire agency workers to replace workers who plan to strike during the busiest week of the year.
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October 24, 2024
EU Court Upholds Annulment Of Intel's €1B Antitrust Fine
Computer chip giant Intel Corp. has beaten the European Commission's €1.06 billion ($1.14 billion) fine against it after the European Union's highest court ruled that a lower court could invalidate the EU administrative arm's conclusions, ending a long-running legal battle over the 2009 fine.
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October 24, 2024
Judiciary Won't Make Panels The Exception For Bias Cases
Most discrimination and whistleblowing cases will continue to be heard by a full panel after the judiciary backed away from a plan to tackle the employment tribunals' crippling backlog by making it the default for judges to hear cases alone.
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October 24, 2024
Tribunals Increasingly Using WhatsApp Evidence, Study Finds
The number of employment tribunals using WhatsApp messages as evidence nearly trebled between 2019 and 2023 to reach 427 hearings, a law firm's study revealed Thursday.
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October 24, 2024
Lloyd's Affiliate Broker Sued For $33M Over Yacht Fire Damage
A Dubai-based insurance broker has sued a Lloyd's of London-accredited broker for more than $33.3 million over claims the latter failed to place adequate reinsurance cover that left the Dubai broker exposed after a fire broke out a Qatari shipyard, damaging three yachts.
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October 24, 2024
Russian Airline Kept Jets To Avoid Unrest, Lessor Exec Says
A Siberian regional airline had to retain leased aircraft after the Russian invasion of Ukraine to avoid "social unrest," an executive for one of the aircraft lessors suing their insurers told a London trial Thursday.
Expert Analysis
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What Trustees Must Know About Virgin Media Pension Case
The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.
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EU Illumina-Grail Fine Cools Cos.' Merger Control Approach
The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.
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UK Top Court Ruling Spells Uncertainty For Litigation Funders
The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.
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4 ADR Techniques To Know In Employment Cases
With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.
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EU Privacy Framework Will Aid Int'l Data Transfer Compliance
The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.
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Opinion
Plea For A New Int'l Tribunal For Russia's Crime Of Aggression
Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.
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EU Case Shows Wide Approach To Blocking Telecom Mergers
The EU court's recent judgment in Commission v. CK Telecoms may make it more challenging to secure clearance for telecom and other companies pursuing mergers, illustrating its broad approach to mergers that risk harming competition without creating a dominant position, say Dominic Long and Christopher Best at Allen & Overy.
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Protecting Reputation In The Age Of Shareholder Activism
With the rise in investors using equity ownership to influence the management of a company, shareholder activism has taken on fresh impetus, and general counsel have a critical part to play in safeguarding an organization's reputation by engaging in open communication and implementing effective corporate governance, says Neil McLeod at The PHA Group.
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Factors Driving Increased Litigation Against European Cos.
European government regulation and enforcement, economic inflation and litigation funding are driving an increase in litigation, especially class actions, against corporations in Europe, a trend that seems to be here to stay, says Henning Schaloske at Clyde & Co.
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US-EU Plan On AI Illustrates Differing Opinions On Regulation
While the recently announced U.S.-EU voluntary code of conduct for artificial intelligence demonstrates a commitment to deliberate management of the technology, differing views on AI regulation in both regions — and globally — highlight the challenges of achieving a universal solution, say attorneys at Dechert.
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EU Ruling Sets Antitrust Analysis For Vertical Price-Fixing
The European Court of Justice's recent ruling in Super Bock v. Autoridade da Concorrência marks a significant step forward by introducing well-established EU competition law principles in the context of vertical price-fixing agreements, and seems to align with the U.S. approach, say lawyers at McDermott.
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What Venezuelan Gold Fight Means For UK One Voice Doctrine
The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.
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The Importance Of A Proactive Approach To Workplace Safety
Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.
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How Conflict Management Can Prevent Arbitration Disputes
Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.
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Loot Box Regulation In Europe Could Benefit From Reform
In light of recent court rulings concerning video game loot boxes, authorities across Europe are taking increasing note of this mechanism, yet with a coordinated approach, appropriate regulations and a focus on enforcement, there is no need to issue a ban, say Elia Kim and Hazal Kirci at Simmons & Simmons.