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Commercial Litigation UK
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October 22, 2024
Real Estate Co. Hits Back At Taylor Wessing's Fees Claim
A real estate company owned by Southend United Football Club's former chair has fought Taylor Wessing LLP's claim to recoup unpaid fees and expenses, saying the company is not liable to pay the football club's legal bills.
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October 22, 2024
Law Firm Wins Atty Fees In Texas Over Lies To Ghana Court
An African energy company has to pay nearly $166,000 in attorney fees to an international arbitration specialty law firm after the company was sanctioned for lying to a Ghanaian court about proceedings in Texas, a Texas federal judge has ruled.
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October 22, 2024
Patients Seek To Revive Class Action Over Google Data Use
Counsel for a group of patients urged an appeals court Tuesday to allow a claim accusing Google of misusing their health records for a kidney injury alert app to go ahead as a class action, arguing they had a reasonable expectation of privacy.
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October 22, 2024
Lenovo Accuses Ericsson Of 'Bullying' In 5G Patent Litigation
Lenovo and Motorola on Tuesday accused Ericsson of breaching its obligations by trying to coerce Lenovo into licensing its 5G patent portfolio at premium terms before courts determined a fair rate for a global cross-license, in the latest chapter of the patent litigation saga between the companies.
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October 22, 2024
Financial Ombudsman Beats Ex-Staffer's Whistleblowing Case
The Financial Ombudsman Service has defeated a former employee's claim that it did not offer him a new role due to his alleged whistleblowing, convincing a tribunal in a ruling released Tuesday that his emails were not protected disclosures.
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October 22, 2024
Commerzbank Urges Contempt Case Over False Assault Claim
Commerzbank AG asked a London court in a hearing Tuesday to allow it to bring contempt of court proceedings against a former employee who made false sexual assault allegations against a colleague as part of his failed harassment case against the bank.
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October 22, 2024
Firm Says Client Knew Risks In Historical Sex Abuse Case
Hugh James has said that a former client knowingly accepted the risk of being undercompensated when he followed the law firm's advice to accept an offer to settle a claim over alleged historical abuse at a Catholic school where he was a pupil.
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October 22, 2024
Dryrobe Sues Rival Over Copycat Athletic Gear
Dryrobe has accused a rival robe maker of imitating its Olympian-backed brand to sell more products under the name "D-Robe."
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October 22, 2024
Reforms Set To Foist 15% More Cases On Struggling Tribunals
Even though the U.K. government expects its proposed employment rights law to lead to a 15% rise in cases, it hasn't committed any additional funding for employment tribunals to handle such an increase, which would present an existential threat to the beleaguered system.
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October 22, 2024
Allianz Settles £16M COVID Loss Row With Restaurant Group
A restaurant group and insurance giant Allianz have settled a £16.4 million ($21.3 million) dispute brought by the hospitality business over payouts for COVID-19-linked lockdown restrictions.
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October 22, 2024
Food Supplier Denies It Owes Ex-Director Unpaid Commission
A food product business has said it never agreed to pay its former director £150,000 ($195,000) in commission he claims is outstanding, insisting instead that he owes over £1.1 million that he pocketed after artificially inflating suppliers' costs.
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October 22, 2024
Closed Law Firm Must Pay Ex-Staffer For Breach Of Contract
A tribunal has ordered a shuttered law firm to pay a former employee £2,400 ($3,100) after it breached their contract by dismissing them without notice.
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October 21, 2024
Russia Says Stay Needed In $208M Ukraine Utility Award Fight
The Russian Federation has once again asked a D.C. federal judge to pause litigation filed by a Ukrainian utility to enforce a nearly $208 million arbitral award, saying it is ignoring the potential impact of Dutch annulment proceedings on the award's confirmation.
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October 21, 2024
UK Director's Use Of Tax Planning Data Subject For Retrial
Whether a director of a U.K. company is liable for a breach of confidence over the misuse of information in marketing a complex tax structure is an issue to be retried, a London court ruled.
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October 21, 2024
Former Unite Official Loses Tribunal Claim Amid Fraud Probe
A tribunal has concluded that a former legal chief at Unite the Union did not face a "baseless" disciplinary investigation in connection with a police raid over a £112 million ($145 million) construction project that has since been referred to the Serious Fraud Office.
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October 21, 2024
Howard Kennedy LLP Ex-Partner Can't Claim £176K
An employment tribunal has dismissed a former partner's claims that Howard Kennedy LLP owed him £176,725 ($230,238) in unpaid wages because he wasn't entitled to employment law protections.
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October 21, 2024
Campaigners To Submit Whistleblowing Protections Bill
Campaigners announced plans Monday to submit a new bill before Parliament that would establish a new government office to crack down on retaliation against whistleblowers who reveal fraud, corruption and misconduct.
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October 21, 2024
D&G Wins Case Against Firms Over Fraudulent Cold Calls
A London court ruled Monday that a string of companies pretended to be associated with Domestic & General during cold calls to lure away its customers and steal business from the insurance and warranties giant.
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October 28, 2024
Commercial Barrister Joins Monckton From 2 Temple Gardens
Monckton Chambers has recruited a new barrister from 2 Temple Gardens in a move that adds expertise to its ranks across a broad range of arbitration and commercial matters.
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October 21, 2024
Insurance Broker Hit With £2M Negligence Case After Thefts
A British pipe seal and gasket manufacturer has sued its insurance broker for almost £2 million ($2.6 million), claiming that the broker negligently failed to arrange insurance for tools that were later stolen from shipping containers.
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October 21, 2024
Startup Funder Wants Co-Founder To Pay £7.1M In Fraud Case
A Paris-based startup funder asked a London court on Monday to order one of its co-founders to pay £7.1 million ($9.2 million) after his defense to allegations of "substantial and wide-ranging fraud" was struck out over failures to comply with court orders.
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October 21, 2024
Billionaire Fights PE Giant Over Software Co. Stakes
An Irish venture capitalist has accused a unit of a major private equity firm of stopping him from forcing it out of its stake in a major management software company to make him buy them out at a premium, in documents disclosed at a London court hearing.
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October 21, 2024
Lynton Crosby Consultancy Linked To Alleged Doc. Forgery
The strategic counsel and business intelligence branch of CT Group is the source of a forged report that allegedly suggested that Russian industrialist Oleg Deripaska misled arbitrators during a dispute with a former business partner, the consultancy told Law360 Monday.
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October 21, 2024
Exec Proves Co-Director Harassed Her For Blocking Advances
A recruitment company director harassed a fellow executive by pushing her out of the business after she rejected his sexual advances following a pub crawl, a tribunal has ruled.
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October 21, 2024
BHP Accused Of 'Cynically' Dodging Liability In £36B Trial
BHP was accused Monday of "cynically and doggedly" trying to avoid responsibilities to more than 600,000 Brazilians following the country's worst environmental disaster at the start of a £36 billion ($47 billion) High Court trial.
Expert Analysis
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How Life Science Companies Are Approaching UPC Opt-Outs
A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.
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New Directors' Code Of Conduct May Serve As Useful Guide
Although the Institute of Directors’ current proposal for a voluntary code of conduct is strongly supported by its members, it must be balanced against the statutory requirement for directors to promote their company’s success, and the risk of claims by shareholders if their decisions are influenced by wider social considerations, says Matthew Watson at RPC.
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Lego Ruling Builds Understanding Of Design Exam Process
In Lego v. Guangdong Loongon, the European Union Intellectual Property Office recently invalidated a registered design for a toy figure, offering an illustrative guide to assessing the individual character of a design in relation to a preexisting design, says Christoph Moeller at Mewburn Ellis.
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Contractual Drafting Takeaways From Force Majeure Ruling
Lawyers at Cleary discuss the U.K. Supreme Court's recent judgment RTI v. MUR Shipping and its important implications, including how the court approached the apparent tension between certainty and commercial pragmatism, and considerations for the drafting of force majeure clauses going forward.
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Behind The Stagecoach Boundary Fare Dispute Settlement
The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.
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The Unified Patent Court: What We Learned In Year 1
The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.
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Decoding Arbitral Disputes: Spanish Judicial Oversight
The recent conviction of arbitrator Gonzalo Stampa underscores the critical importance of judicial authority in the realm of international arbitration in Spain, and emphasizes that arbitrators must respect the procedural frameworks established by Spanish national courts, says Josep Galvez at 4-5 Gray’s Inn.
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F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits
A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.
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High Court Ruling Sheds Light On Targets For Judicial Review
The High Court's recent dismissal of iDealing.com's judicial review application for service complaint decisions by the Financial Ombudsman Service highlights the difficulty of distinguishing what decisions are amenable to judicial review, demonstrating that those made by statutory bodies may not always be genuine targets, say Alexander Fawke, Tara Janus and Bam Thomas at Linklaters.
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Appeal Ruling Clarifies 3rd-Party Contract Breach Liability
The Court of Appeal's recent decision in Northamber v. Genee World serves as a warning to parties that they may be held liable for inducing another party to breach a contract, even if that party was a willing participant, say Neil Blake, Maura McIntosh and Jennifer O'Brien at HSL.
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CPR Proposal Affirms The Emphasis On Early Mediation
While the recent proposal to incorporate mandatory alternative dispute resolution into the Civil Procedure Rules following a 2023 appeal decision would not lead to seismic change, given current practice, it signals a shift in how litigation should be pursued toward out-of-court solutions, say Heather Welham and Cyra Roshan at Foot Anstey.
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How Law Firms Can Handle Challenges Of Mass Claims
With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.
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Potential EPO Reproducibility Ruling May Affect IP Strategies
A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.
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Insurance Ruling Stresses High Hurdle To Fix Policy Wording
In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.
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Taking Stock Of Changes UK Economic Crime Act Will Bring
With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.