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Commercial Litigation UK
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August 02, 2024
Post Office Probe Reveals Ethical Conflict Facing Lawyers
In-house and external lawyers who gave evidence during the most recent phase of the Post Office inquiry, which concluded on Wednesday, revealed widespread poor conduct by barristers and solicitors that contributed to a major miscarriage of justice.
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August 02, 2024
Top UK Court To Hear HMRC Car Park Tax Dispute With NHS
HM Revenue and Customs has been granted permission by Britain's highest court to challenge a ruling that a National Health Service trust qualified for value-added tax exemption for hospital car parking, a decision that could affect appeals brought by NHS entities.
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August 02, 2024
Tribunal Member Sanctioned For Calling Tories A 'Tumor'
A lay member of an employment tribunal has been issued with a formal warning, after he said on social media that the collective noun for Conservatives should be a "tumor."
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August 02, 2024
Gov't Manager Fired For Falsifying Doc Loses Bias Case
The Cabinet Office has defeated a claim by a job applicant that he was the victim of racial discrimination as an employment tribunal ruled he was rejected because he falsified part of a document while working for a different government department.
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August 02, 2024
Royal Mail Copyright Case To Go Ahead In Joint Trial
Royal Mail and another company suing software firm Codeberry over alleged unlawful use of postcode data can have their cases tried together, a judge ruled Friday, although he refused to allow Codeberry's counterattack to be included in the same trial.
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August 02, 2024
Ex-F1 Boss Sues HSBC For £5.5M For Wrongly Selling Bonds
Former Formula One team boss Eddie Jordan has sued HSBC for £5.5 million ($7 million) for losses suffered as the result of the bank's allegedly false and negligent advice over a bond in which he invested tens of millions of pounds.
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August 01, 2024
Headteacher Loses Challenge To Sanction For Sharing Data
A London judge ruled Thursday that a headmaster was rightly accused of damaging public trust in the teaching profession by sharing confidential information about pupils with her husband.
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August 01, 2024
DAF Can't Take Trucks Cartel Appeal To Top UK Court
The U.K. Supreme Court has refused to hear an appeal brought by DAF Trucks Ltd. against a ruling requiring it to shell out more than £15.2 million ($19.3 million) to BT and Royal Mail over a price-fixing scheme.
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August 01, 2024
'Father Ted' Writer's Harassment Comments Defamed Actor
Comedy writer turned "gender critical" activist Graham Linehan defamed an actor whom he accused of being a serial harasser of women, a London judge ruled in a preliminary hearing on the libel case Thursday.
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August 01, 2024
Barclays Wins £13.7M Freezing Order Action Against Directors
Barclays Bank PLC has proven that two businessmen breached freezing orders on £13.7 million ($17.5 million) of assets, after a London court on Thursday ruled it was beyond reasonable doubt the men allowed the assets to move offshore.
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August 01, 2024
Investor Wins $180M Claim Over Plane Leases Against VietJet
A global private investment company's unit has won its $180 million claim against a Vietnamese budget airline it alleged was a "delinquent debtor," after a London judge said that the air carrier had waged a campaign to stop the planes being returned to their owner.
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August 01, 2024
Care Home Wins 2nd Shot At Nurses' Work Transfer Claim
A tribunal must take another look at a claim brought by a group of care home nurses, after an appellate judge cast doubt on findings that the sale of a nursing home met the criteria for work transfer regulations.
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August 01, 2024
Cérélia Can't Fight Order To Sell Jus-Rol, UK Top Court Rules
The U.K.'s top court refused Thursday to allow dough maker Cérélia a chance to appeal a decision forcing it to sell its Jus-Rol brand, ruling there were no legal grounds to challenge the finding that the move is necessary to protect competitive markets.
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August 01, 2024
Tragedy And A Hustle: 5 Takeaways From The 'Tuna Bonds' Ruling
A London judge took the opportunity as he delivered a ruling that Mozambique was defrauded in a controversial maritime project to raise questions about the role played by international banks and the lack of financial standards in the multibillion-dollar "tuna bonds" scandal.
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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.
Expert Analysis
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Employer Lessons From Red Bull's Misconduct Investigation
Red Bull’s recent handling of a high-profile investigation into team principal Christian Horner’s alleged misconduct toward a colleague serves as a reminder of the importance of thorough internal grievance and disciplinary processes, and offers lessons for employers hoping to minimize media attention, say Charlotte Smith and Adam Melling at Walker Morris.
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Breaking Down The EPO's Revised Practice Guidelines
The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.
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Pharma Remains A Key Focus Of EU Antitrust Enforcement
The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.
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Employment Tribunal Fee Proposal Raises Potential Issues
The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.
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ECHR Climate Rulings Hint At Direction Of Future Cases
Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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What UK Energy Charter Treaty Exit Would Mean For Investors
While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.
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What To Know About The Russia-Stranded Plane Ruling
The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.
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Uber Payout Offers Employer Lessons On Mitigating Bias
Uber Eats' recent payout to a driver over allegations that the company's facial recognition software was discriminatory sheds light on bias in AI, and offers guidance for employers on how to avoid harming employees through the use of such technology, says Rachel Rigg at Fieldfisher.
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Apple Ruling Offers Morsel Of Certainty On Litigation Funding
An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.
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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.