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Commercial Litigation UK
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December 05, 2024
Worker Can Cite Colleague's Schedule In Flexible Work Claim
A worker for an outdoor clothing company has won her appeal to include evidence of another employee's working situation in her claim over the company's refusal to approve her request for flexible working.
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December 12, 2024
Clifford Chance Hires Willkie's European Competition Chief
Clifford Chance LLP has recruited the European competition chief of Willkie Farr & Gallagher LLP as it continues its push to bulk up with high-power antitrust veterans, the firm said Thursday.
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December 05, 2024
Catering Biz Denies Infringing F1-Inspired Fridge Maker's IP
A catering equipment company has denied it infringed a rival's patents and trademarks that covered a line of Formula One-inspired energy-efficient fridges, asking a London court to declare the patents invalid.
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December 05, 2024
Recruiter Accused Of Withholding £629K, WhatsApp Chats
A recruitment company has accused a third-party consultancy in a London court of failing to disclose key WhatsApp conversations with its clients, also alleging that it owes £629,000 ($803,000) in fees after ending their agreement.
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December 05, 2024
UAE Petrol Co. Denies Owing Bank For Unpaid Debt Advice
A United Arab Emirates state-owned petrol company has denied owing an investment bank almost $6.7 million for advice on debt restructuring, claiming the company only needed to pay the lender if it acted on the advice, which it didn't.
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December 05, 2024
Mail On Sunday Pays Damages To Settle 'Statin Deniers' Claim
The publisher of the Mail on Sunday newspaper has paid "very substantial damages" to settle libel claims brought by two doctors it had branded "pernicious liars" who made knowingly false statements about cholesterol-lowering drugs, a lawyer for the doctors told a London court Thursday.
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December 05, 2024
Solaris Says Binance Can't Use AML Gaps To Exit €144M Deal
Online banking group Solaris has rejected Binance's defense to its €144 million ($152 million) claim over a collapsed cryptocurrency debit card scheme, arguing that any alleged breaches of anti-money laundering rules did not entitle the global exchange operator to end the deal.
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December 04, 2024
Cerberus Liable For €358M Payment To Sabadell, Judge Rules
One of Spain's largest banks won €358.5 million ($376.5 million) from Cerberus when a London judge ruled Wednesday that the private equity giant wrongly interpreted investment agreements linked to the bank's Spanish real estate portfolios.
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December 04, 2024
Russian Boat Leaser Sues Charter Guarantors For $60M
A Russian state-owned boat leasing company has sued four Cypriot businesses for more than $60 million, claiming they promised to cover the cost of charters that were wrongfully terminated in the wake of sanctions on Russian companies.
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December 04, 2024
Law Firm Is Withholding £1.5M Trust Fund, Says Businessman
A Dubai-based businessman has alleged that a sports law firm has refused to return £1.5 million ($1.9 million) and deliberately not acknowledged that it held the money on trust for him.
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December 04, 2024
Mastercard Settlement Spat Will Test Class Action Regime
The U.K.'s collective action regime will face a new test after the financial backer of a claim against Mastercard over credit card fees criticized a proposed £200 million ($254 million) settlement that would end nine years of hard-fought litigation.
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December 04, 2024
PrivatBank Ex-Owner Can't Ease Freeze To Sell Stranded Jets
A London court on Wednesday refused to allow an ex-owner of PrivatBank to sell aircraft stranded in Ukraine after Russia's invasion, concluding the sale may risk breaching a freezing order in a $4.2 billion fraud case.
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December 04, 2024
Aviation Biz Sued Over Crash Gear Patent In UK
A company that makes ejection seats has been accused of infringing a rival's patent for a neck protection system by selling several pieces of crashworthy gear to stop fighter jet pilots from suffering neck injuries.
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December 04, 2024
Siemens Unit Beats Whistleblowing Claim Over Military Data
A Siemens-owned company is off the hook for firing a design engineer after an employment tribunal ruled that his contract wasn't renewed because of performance issues rather than his concerns over the transfer of military data.
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December 04, 2024
Lawyers Warn Of Boozy Christmas Party Risks As Claims Fall
Organizations are being warned to keep end-of-year work parties under control given a new legal duty on employers to prevent sexual harassment, but figures suggest fewer legal claims have emerged in recent years from December festivities.
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December 04, 2024
Samsung Says Eye Med Biosimilar Won't Flout Regeneron's IP
Samsung Bioepis has argued in a London court that its planned eye medicine biosimilar will not infringe Regeneron's patents over the treatment, doubling down on plans to market its own version.
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December 04, 2024
Legal Director Wins £6K For Botched Redundancy
An employment tribunal has ruled that a data management company must pay its former legal director £6,600 ($7,600), finding that the business failed to carry out a proper consultation before it made him redundant.
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December 04, 2024
US Immune From Embassy Staffer's Unfair Dismissal Claim
A motor pool supervisor cannot pursue a claim that he was unfairly dismissed from an American Embassy annex at a Royal Air Force base, after a tribunal found that the U.S. is shielded by state immunity.
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December 04, 2024
JPMorgan Accused Of Unfair Firing Over Spoofing Allegations
A former precious metals trader at JPMorgan has accused his former employer of unfair dismissal, as his lawyer argued on Wednesday that the bank dismissed him to appear tough on fraud after a criminal scandal in 2022.
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December 04, 2024
Puma Fails To Block 'Li Puma' Trademarks At EU Court
Puma has lost its latest attempt to stop a company registering two "Li Puma" trademarks for recycling services, failing on Wednesday to persuade a European Union court that it could damage its sporting goods brand.
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December 03, 2024
Surgeon Wins £529K For Race Bias, Whistleblowing Breaches
An Iraqi surgeon has won £529,000 ($670,000) after convincing a tribunal that a National Health Service trust racially discriminated against him and penalized him for blowing the whistle on alleged problems with the treatment of dozens of patients.
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December 04, 2024
Injury Lawyers 4U Hobbles Law Firms' Case In Ad Price Fight
Injury Lawyers 4U has beaten most of a case brought by three law firms in a fight over prices for TV advertising, as a court ruled that the company did not breach a contract that gave them preferential rates.
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December 03, 2024
Consumers Settle £10B Mastercard Swipe Fees Class Action
Representatives of more than 45 million U.K. consumers confirmed Tuesday that they had settled a multibillion-pound claim against Mastercard over its fees, which is likely to end one of the first cases to test the boundaries of Britain's collective proceedings regime.
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December 03, 2024
Makeup School Founder Wins £51K Over Madeup Redundancy
The co-founder of a makeup school has won more than £51,000 ($65,000) after a tribunal upheld her claims that it unfairly dismissed her by using redundancy as a front to oust her from the company.
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December 03, 2024
Retailers Argue For Higher Damages Bill In Swipe Fees Trial
Retailers suing Mastercard and Visa argued before the Court of Appeal on Tuesday that their damages bill from alleged unlawful overcharging by the card companies should incorporate continuing losses because the anticompetitive conduct has not yet stopped.
Expert Analysis
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.
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Examining The EU Sanctions Directive Approach To Breaches
In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.
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Trends, Tips From 7 Years Of EPO Antibody Patent Appeals
Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.
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4 Takeaways From Biotech Patent Invalidity Ruling
The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.
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Why Reperforming Loan Securitization In UK And EU May Rise
The recently published new U.K. securitization rules will largely bring the U.K.’s nonperforming loan regime in line with the European Union, and together with the success of EU and U.K. banks in reducing loan ratios, reperforming securitizations may feature more prominently in relevant markets going forward, say lawyers at Morgan Lewis.
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What French Watchdog Ruling Means For M&A Landscape
Although ultimately dismissed due to lack of evidence, the French competition authority’s recent post-closing review of several nonreportable mergers is a landmark case that highlights the increased complexity of such transactions, and is further testament to the European competition authorities’ willingness to expand their toolkit to address below-threshold M&As, say lawyers at Cleary.
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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.