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Commercial Litigation UK
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July 12, 2024
Lawyer Beats Allegation He Helped Tycoon Duck Asset Freeze
A leading Monégasque lawyer did not conspire to help an embattled Taiwanese shipping magnate evade an asset freezing order, as he "honestly believed" he was entitled to transfer $26 million from the sale of the businessman's villas, a London judge ruled Friday.
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July 12, 2024
Met Officer Gets £37K For Disability Discrimination Claim
A Metropolitan police officer won nearly £37,000 ($48,000) in damages on Friday, with the Employment Tribunal deciding to compensate him for disability discrimination that caused him severe distress and "made his life intolerable."
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July 12, 2024
Apple, Amazon Fight Over Class Terms In £500M Price Claim
A consumer advocate clashed in a London tribunal on Friday with Apple and Amazon over the terms of her £500 million ($649 million) class action that accuses them of inking a secret deal to limit independent sales of Apple's products.
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July 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
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July 12, 2024
Israeli Aquafarm Blames War For Unpaid $21M Debt
An Israeli aquafarming company has hit back at an asset management firm trying to recover $21 million for an allegedly unpaid settlement agreement, arguing it has been impossible to raise money following Hamas' Oct. 7 attack in Israel.
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July 12, 2024
Dentons To Face SRA Appeal On AML Misconduct Ruling
The Solicitors Regulation Authority has appealed against a London tribunal's decision that inadvertent anti-money laundering failures at the U.K. arm of Dentons over a politically exposed client did not amount to professional misconduct.
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July 12, 2024
NFU Mutual Sued For £10.5M Over COVID Business Losses
A group of hospitality and farming businesses have sued the National Farmers Union Mutual Insurance Society Ltd. for around £10.5 million ($13.6 million) to cover losses the companies allegedly suffered from closures during the COVID-19 pandemic.
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July 12, 2024
Rock Bands Sue PRS Over 'Abusive' Music Licensing Regime
Three rock bands and their rights management company have sued the Performing Right Society at a London court for allegedly abusing its dominant market position by imposing onerous fees and requirements on its members.
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July 12, 2024
Oil Co. Loses Bid To Alter £43M Legal Bills In $11B Nigeria Win
The Court of Appeal refused on Friday to change the currency used in the payment of Nigeria's legal costs arising from an $11 billion battle over a fraudulent arbitration award for the "straightforward" reason that the solicitors' invoices are in sterling.
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July 12, 2024
Judicial Diversity Data Finds Small Gains For Ethnic Minorities
More work needs to be done to accelerate improvements in judicial diversity, lawyers groups have said, as industry statistics reveal that little has changed in representation of ethnic minorities and that solicitors still trail behind barristers in recruitment.
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July 12, 2024
Axiom Owes Ex-Staff £37K In Redundancy, Notice Payments
A tribunal has ruled that Axiom Ince must pay two more former staff a total of at least £36,700 ($47,500) in redundancy and notice payments, with one of the ex-employees also winning compensation for breaches of trade union rules when the firm collapsed.
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July 11, 2024
Avionics Companies Say Lufthansa Can't Amend Patent Claim
A Panasonic subsidiary and an Astronics unit urged a London court on Thursday to block German airline Lufthansa from being allowed to amend its claim in a long-running patent spat, saying the late change would place their case "at risk."
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July 11, 2024
Volvo Wasn't Properly Served In Cartel Case, ECJ Says
The European Union's top court ruled Thursday that Volvo was not validly served when documents were sent to its Spanish subsidiary, in a major setback for a competition damages claim in the Iberian country.
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July 11, 2024
Consumer Groups Get EU Court's OK To Bring Data Claims
Representative organizations can bring privacy litigation for individuals if the organizations can prove a breach resulted from the processing of personal data, the European Union's top court ruled Thursday in tech giant Meta's dispute with a German consumer rights body.
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July 11, 2024
Former EuroChem CEO Escapes EU Sanctions
The European General Court has lifted sanctions on the former chief executive officer of Russian fertilizer manufacturer EuroChem, finding there is not enough evidence to show the businessman is still involved in sectors generating revenue for the Russian government.
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July 11, 2024
Medical Device Maker Defends Bladder Stone Removal IP
A Chinese medical device maker has hit back at a rival's bid to invalidate its patent for a suction device to remove bladder stones, saying that it is new and doesn't add extra subject matter.
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July 11, 2024
NCA Can Seize Money Linked To £55M Tax Scam
A 13-year money laundering investigation involving a lottery winner, a bomb hoax and a £55 million ($71 million) tax fraud neared its end at a London court on Thursday as a judge ordered funds from three defunct companies to be forfeited to the National Crime Agency.
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July 11, 2024
BHS Liquidators Sue Former Owner For Role In £133M Loss
Liquidators for BHS have sued its former owner in their latest effort to recover money after the high street chain's £133 million ($171 million) collapse, telling a London court that the law firm partner had wrongly pocketed millions of pounds of the company's cash.
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July 11, 2024
Barclays Sued By Trader For Suspending Investor's Account
Barclays is being sued for allegedly blocking a customer from trading on the bank's investor platform and failing to tell the market trader when selling could resume, losing him £6.7 million ($8.6 million) in profit.
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July 10, 2024
Arabic Tea Seller Wins EU TM Bid On Appeal
An Arabic-style food shop won its bid Wednesday to reinstate a trademark covering tea with the words "Al Assad" and "Thé Vert de Chine," after a European court ruled that buyers would differentiate it from a rival's mark.
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July 10, 2024
CMA Bids To Reverse Nixed £100M Fine In Drug-Pricing Case
The U.K.'s competition watchdog on Wednesday sought to overturn a ruling that upended more than £100 million ($128.4 million) in fines against drug companies for allegedly reaching agreements related to hydrocortisone tablets, in a major case for U.K. competition law.
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July 10, 2024
Beverly Hills Polo TM Owner Can't Overturn Polo Club Ruling
The owner of trademark rights for the Beverly Hills Polo Club fashion brand failed to convince an appellate court that the existence and activities of other polo-themed trademarks was irrelevant to its infringement claim.
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July 10, 2024
Music Distributor Says Contract Claim A Minor Complaint
Sheet music distributor Hal Leonard has told a U.K. classical music publisher that accusations it failed to improve sales and generate royalties are off-key, especially since Hal Leonard says it went beyond its obligations to promote and sell the music.
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July 10, 2024
HMRC, CPS Beat Financier's Claim Over Botched Prosecution
HM Revenue and Customs and the Crown Prosecution Service have beaten claims of malicious prosecution and misfeasance in public office by a corporate financier following a failed criminal fraud case, with a judge finding that they had enough evidence to pursue him.
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July 10, 2024
Nursery Gets 2nd Shot To Fight Font Size Discrimination Case
A nursery won a shot on Wednesday at overturning a ruling that it discriminated against a staffer with poor vision by using a standard font size in documents, with an appeals tribunal questioning an earlier decision that the use of the "small" font size was unjustified.
Expert Analysis
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Extradition Ruling Hints At Ways Around High Burden Of Proof
The U.K. Supreme Court's recent ruling in Popoviciu v. Curtea De Apel Bucharest confirmed that, in a conviction extradition case, the requested person must establish a flagrant violation of their right to a fair trial, but the court's reasoning reveals creative opportunities to test this boundary in the U.K. and Strasbourg alike, says Rebecca Hughes at Corker Binning.
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IP Ruling Could Pave Way For AI Patents In UK
If implemented by the U.K. Intellectual Property Office, the High Court's recent ruling in Emotional Perception AI v. Comptroller-General of Patents, holding that artificial neural networks can be patented, could be a first step to welcoming AI patents in the U.K., say Arnie Francis and Alexandra Brodie at Gowling.
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UK Review May Lead To Lower Investment Screening Burden
The government’s current review of national security investment screening rules aims to refine the scope of mandatory notifications required for unproblematic deals, and is likely to result in much-needed modifications to minimize the administrative burden on businesses and investors, say lawyers at Simpson Thacher.
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What Prince Harry Privacy Case May Mean For Media Ethics
An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.
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How European Authorities Are Foiling Anti-Competitive Hiring
Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.
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When Can Bonuses Be Clawed Back?
The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.
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The State Of UK Litigation Funding After Therium Ruling
The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.
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Trial By AI Could Be Closer Than You Think
In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.
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Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds
With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.
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Nix Of $11B Award Shows Limits Of Arbitral Process
A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.
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How The Netherlands Became A Hub For EU Class Actions
As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.
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Navigating The Novel Challenges Facing The Legal Profession
The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.
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New Fixed Costs Rules May Have Unforeseen Consequences
The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.
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A Look At Enforcing And Contesting Arbitral Awards In Qatar
As Qatar aspires to become a regional investment hub as part of its Qatar Vision 2030, it has committed to modernizing its arbitration practices in accordance with international standards, including updating the process of enforcing and contesting arbitration awards, say attorneys at Crowell & Moring.
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Deal Over Jets Stranded In Russia May Serve As Blueprint
In the face of a pending "mega-trial" over leased airplanes held in Russia after its invasion of Ukraine, a settlement between leading aviation lessor AerCap Holdings NV and NSK, the Russian state-controlled insurance company, could pave the way for similar deals, say Samantha Zaozirny and Timeyin Pinnick at Browne Jacobson.