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Commercial Litigation UK
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July 03, 2024
Royal Mail Faces £878.5M Mass Claim Over Bulk Deliveries
The owner of Royal Mail is facing an estimated £878.5 million ($1.1 billion) collective action, as the representative of potentially 290,000 retail businesses asked the U.K.'s specialist antitrust court to approve the class claim Wednesday.
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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.
Expert Analysis
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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.
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Patent Plausibility Uncertainty Persists, EPO Petition Shows
While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.
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In Int'l Arbitration Agreements, Be Clear About Governing Law
A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.
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Risks The Judiciary Needs To Be Aware Of When Using AI
Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.
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Post Office Scandal Stresses Key Directors Duties Lessons
The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.