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Commercial Litigation UK
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November 06, 2024
Motor Finance Ruling Could Spread To Insurance, RBC Warns
A landmark U.K. court ruling on motor finance could have wider implications for the insurance sector, an investment bank warned.
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November 06, 2024
Ex-Premier League Pro Mendy Can Get Up To £8.5M From Team
Former Manchester City footballer Benjamin Mendy won a shot at up to £8.5 million ($10.9 million) in wages withheld by the club after he was arrested on rape charges, although a judge dismissed his claim for £11 million on Wednesday.
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November 05, 2024
HMRC Tells High Court It Can Tax Canadian Bank's Oil Income
HM Revenue & Customs has the right to tax loan payments made to the Royal Bank of Canada relating to oil-drilling rights in the North Sea under the terms of a bilateral agreement, it told the British Supreme Court in the appeal of its case against the bank.
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November 05, 2024
NHS Forced Nurse To Quit Amid Alleged Patient Relationship
A National Health Service trust unfairly pushed a nursing assistant to resign by placing her in "double jeopardy" amid an allegation of a sexual relationship with a patient who later died, a tribunal has ruled.
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November 05, 2024
Energy Co. Says Traders Faked Illness To Take 'Gap Year'
An energy investing company told a London court Tuesday that two traders faked illness to avoid yearlong restrictions before working for a rival, accusing one of trying to take "a gap year on steroids" funded by his six-figure salary.
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November 05, 2024
Barrister Fights Suspension Over 'Vague' Client Money Case
A barrister suspended for mishandling client money urged a court Tuesday to reduce the 18-month sanction, arguing that the vagueness of the charges before the industry's disciplinary tribunal was unfair to his client.
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November 12, 2024
DWF Hires 2 Barristers For In-House Chambers
DWF LLP has taken on two senior barristers for its in-house set of chambers to boost its services in areas such as personal injury and civil fraud.
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November 05, 2024
MI5 Called 'Institutionally Defensive' After Manchester Attack
More than 250 survivors and the family members of people killed in the Manchester Arena bombing accused the U.K. intelligence services on Tuesday of "institutional defensiveness" about its failings to uncover information that would have prevented the attack.
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November 05, 2024
Bank Of Africa Appeals Whistleblower's Unfair Dismissal Ruling
The Bank of Africa urged the Employment Appeal Tribunal on Tuesday to toss out a judgment that it had unfairly dismissed an employee, arguing that the ruling was wrong to find she was punished for blowing the whistle on alleged regulatory failures.
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November 05, 2024
ICO Seeks To Appeal Dixons Carphone Data Breach Ruling
The U.K.'s Information Commissioner's Office is seeking permission to appeal a tribunal ruling that revived electronics retailer Dixons Carphone's bid to have a fine for a privacy breach affecting at least 14 million people reassessed.
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November 05, 2024
Greensill Bank Says Marsh Can't Dodge Australian Litigation
Greensill Bank AG has said that it should be allowed to add Marsh to litigation in Australia linked to the wider group's collapse, arguing in a court filing that it is not bound by an English jurisdiction clause in its contract with the insurance broker.
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November 04, 2024
Shipowner Loses Appeal To Cut Claim Over Damaged Cargo
A London appeals court has rejected a shipowner's argument that an agricultural company overstated a claim for damaged cargo against it by wrongly asking for more than $280,000 that had already been recovered, finding instead that the money was paid under a separate contract.
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November 04, 2024
Tesco Unit Unfairly Axed Staffer For Jibe In 'Lawless' Office
A subsidiary of retail giant Tesco came down too harshly on a delivery driver when it fired him for insulting a colleague considering that the office had a "lawless" and "toxic" culture, a tribunal has ruled.
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November 04, 2024
'I'm Watching You' Comment Was Harassment, Tribunal Rules
A cook at a Welsh community center has won her harassment and unfair dismissal claims after convincing a tribunal that her manager's comments about her second job and telling her he was "watching" her were discriminatory.
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November 04, 2024
Steve Coogan's Production Co. Denies Ripping Off Sitcom
Steve Coogan's production company hit back on Monday at accusations that it ripped off a sitcom of a London-based comedian, claiming at a London trial that any similarities were coincidental and that it was "deeply implausible" that it copied the show.
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November 04, 2024
Litigation-Funding Report Signals Overhaul Of Sector
A government advisory body has indicated that it is weighing whether it is time to regulate litigation-funding and cap fees, as the industry has exploded and potentially contributed to the collapse of a law firm specializing in consumer claims.
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November 04, 2024
Hedge Fund Lawyer Denies Role In £1.4B Cum-Ex Fraud
The former top lawyer at a hedge fund accused of defrauding Denmark's tax authority of £1.4 billion ($1.8 billion) told a London trial Monday he had no knowledge of cum-ex trading fraud at the business.
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November 04, 2024
Conservative MP Revives Bill To Target Abusive SLAPPs
A Conservative MP has reintroduced a bill to tackle spurious litigation brought by wealthy elites designed to gag reporting and silence criticism, reviving legislation that had broad cross-party support before July's general election.
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November 04, 2024
Questions Loom Over World-First Pay Reporting Regulations
A plan to require employers in Britain to report their ethnic and disability pay gaps would be a world first — but it is also fraught with data management challenges and uncertainty about how much it will actually improve pay equality, lawyers say.
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November 04, 2024
Law Firm Sues UK Gov't Over Axed Legal Aid Contract
A law firm has accused the U.K. government of unlawfully pulling a legal aid contract after it missed a key deadline, telling a London court that there were no grounds to terminate the deal.
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November 04, 2024
Channel 4 Fights Storm Chaser's Hurricane Footage Claim
British broadcaster Channel 4 told a London court that it did not infringe the copyright for an American videographer's footage of Hurricane Beryl, as the news outlet argued that it had used only small clips and always credited the self-described storm-chaser.
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November 04, 2024
Tende Energy And Finance Biz Settle $5M Loan Dispute
A financial services company in the Cayman Islands has settled its $5 million claim against energy developer Tende Energy over an allegedly unpaid debt that arose from its deal to transfer to Tende its rights to a loan with another oil and gas exploration company.
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November 01, 2024
Investors Solely Liable For £5.4M Investment, Say Law Firms
Two law firms have hit back against a £5.4 million ($7 million) negligence claim by property investors, arguing there was no indication that the building project the investors put their money into was a Ponzi scheme.
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November 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two industry magnates take on the Gambling Commission, Ordinance Survey hit with a claim from a Swiss GPS maker, and China's largest oil company PetroChina face a claim from a Polish documentary maker. Here, Law360 looks at these and other new claims in the U.K.
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November 01, 2024
Uber Sued For £199M By Cab Drivers Over Market Dominance
A group of more than 13,000 London black cab drivers have sued Uber for over £199 million ($258 million), arguing the ride-hailing app undercut their profits by unlawfully operating a private hire service in the capital.
Expert Analysis
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Clarifying Legal Elements To Support A Genocide Claim At ICJ
Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.
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Opinion
Employment Tribunal Fees Risk Reducing Access To Justice
Before the proposed fee regime for employment tribunal claims can take effect, the government needs much more evidence that low-income individuals — arguably the tribunal system's most important users — will not be negatively affected by the fees, says Max Winthrop, employment law committee chair at the Law Society.
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Tribunal Cases Illustrate Balancing Act Of Anti-Bias Protection
Recent employment tribunal discrimination cases show employers the complexities of determining the scope of protected characteristics under the Equality Act, and responding proportionately, particularly when conflicts involve controversial beliefs that can trigger competing employee discrimination claims, say Michael Powner and Sophie Rothwell at Charles Russell.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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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.