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Commercial Litigation UK
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October 24, 2024
Tribunals Increasingly Using WhatsApp Evidence, Study Finds
The number of employment tribunals using WhatsApp messages as evidence nearly trebled between 2019 and 2023 to reach 427 hearings, a law firm's study revealed Thursday.
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October 24, 2024
Lloyd's Affiliate Broker Sued For $33M Over Yacht Fire Damage
A Dubai-based insurance broker has sued a Lloyd's of London-accredited broker for more than $33.3 million over claims the latter failed to place adequate reinsurance cover that left the Dubai broker exposed after a fire broke out a Qatari shipyard, damaging three yachts.
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October 24, 2024
Russian Airline Kept Jets To Avoid Unrest, Lessor Exec Says
A Siberian regional airline had to retain leased aircraft after the Russian invasion of Ukraine to avoid "social unrest," an executive for one of the aircraft lessors suing their insurers told a London trial Thursday.
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October 24, 2024
Daimler Can't Get European 'Trucks You Can Trust' TM
Vehicle manufacturer Daimler has lost its appeal to win a trademark for the phrase "Trucks You Can Trust," after a European Union court found the mark was purely promotional.
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October 24, 2024
Property Co. Pays £300K After Dropping Ex-PM Adviser Libel
A family that runs a London property management business has dropped its libel case against a former adviser to ex-prime ministers David Cameron and Theresa May and paid a legal bill of more than £300,000 ($390,000), the adviser told Law360 Thursday.
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October 24, 2024
Monster Energy Sends Rival's 'Insomnia' TM Appeal To Bed
Monster Energy has stopped a rival from salvaging its green "Insomnia Energy" trademark at a European Union court, proving that the logo unfairly leans on the reputation of its familiar "M" branding.
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October 24, 2024
EU Law Trumps International Copyright Provisions
Europe's top court ruled Thursday that its member states cannot implement certain provisions of international copyright law for applied art in the EU, harmonizing protections for designs across the bloc.
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October 23, 2024
Top Human Rights Court Slams Russia Over Int'l Media Rule
An international court has ruled Russia is violating the right to freedom of expression enshrined in European human rights law by forcing independent media organizations to apply "foreign agent" labels to their content in an attempt to discredit them.
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October 23, 2024
Ex-Business Partners Deny Deceiving Investors For £12M
Two former business partners have denied deceiving investors about how much money was required to set up a specialist bank and said the investment company suing the lender was prepared to invest regardless.
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October 23, 2024
Police Not Liable For Ice Road Deaths, Top UK Court Rules
The U.K.'s highest court ruled Wednesday that English police had not negligently caused the deaths of two men who died in a road collision due to black ice, ruling that the police officers did not have a duty of care to prevent harm to drivers.
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October 23, 2024
Custom Electronics Maker Sued For £11.8M Contract Breach
A vehicle safety company has accused a bespoke electronics maker of breaching a contract to supply exclusively designed vehicle products, suing for £11.8 million ($15.3 million) for going over its head to attract other customers.
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October 23, 2024
Carnival Wins Redo Of Axed Staffer's Maternity Bias Case
Cruise operator Carnival has won the chance to reargue a former staffer's claim that it unfairly made her redundant while she was on maternity leave, convincing an appeals tribunal that an earlier judge wrongly held that there were suitable alternative roles.
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October 23, 2024
British Actuary Claims Regulator Favors Indian Nationals
A British actuary told an appeals court Wednesday that the public body for the profession in the U.K. racially discriminated against him by providing more favorable arrangements to Indian nationals.
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October 23, 2024
Telefónica Scores 2 More Wins In 'E-Plus' TM Saga
Telefónica's German arm has secured further victories in its ongoing "E-Plus" trademark feud with a U.S. tech company, persuading a European Union court Wednesday to chuck two last-ditch attempts to nix a pair of word marks.
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October 23, 2024
Driver On Gett App Was Self-Employed, Appeals Court Rules
An appellate judge has refused to grant a black-cab driver the worker status that Uber drivers have won, ruling that his circumstances were different as he ferried hundreds of passengers hailing rides through the Gett app.
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October 23, 2024
Animal Charity Says 'Frankenchicken' Farming Is Unlawful
An animal welfare charity on Wednesday told an appeals court that the British government is breaking the law by allowing the farming of fast-growing "Frankenchickens" that it says are prone to health problems because of selective breeding.
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October 23, 2024
Nike Loses Bid To Extend 'Support-Fit' TM At EU Court
Nike failed to convince a European court on Wednesday to allow the sportswear giant to register its Support-Fit trademark for clothing and footwear, after the court agreed with an earlier ruling that the mark directly described the items' characteristics.
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October 23, 2024
Manchester Arena Bombing Survivors Win Harassment Case
A self-professed journalist harassed survivors of the 2017 Manchester Arena bombing and caused them "enormous distress" by publishing theories that the attack was staged, a London court ruled Wednesday.
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October 23, 2024
BHP Pans 'Extreme' Brazilian Law Interpretation In £36B Trial
BHP argued at a £36 billion ($46.6 billion) London trial Wednesday that it was not legally liable to more than 600,000 Brazilians for the country's worst environmental disaster, arguing it could not be held liable vicariously for the alleged wrongdoing of its joint venture.
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October 23, 2024
SAP Faces Trademark Infringement Claim Over 'Joule' AI Tool
A financial trading platform provider has sued SAP for trademark infringement in a London court, alleging that the software giant's "Joule" artificial intelligence tool infringes its trademarks over the same word.
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October 23, 2024
UK Top Court Clarifies Solicitor Payment Rules In Fee Dispute
The U.K.'s highest court ruled Wednesday that a crash victim should be able to challenge solicitors fees because he had not been given an opportunity to question the costs, meaning the time limit for reassessment did not apply.
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October 22, 2024
Spain Can't Dodge Enforcement Of €101M Renewables Award
Spain can't use state immunity to escape enforcement of a €101 million ($109 million) arbitral award issued in a fight over slashed economic incentives for renewable energy, after a London appeals court ruled Tuesday that an exception was triggered when Madrid signed an underlying treaty.
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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.
Expert Analysis
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What Trustees Must Know About Virgin Media Pension Case
The High Court's recent decision in Virgin Media v. NTL Trustees could have significant consequences for salary-related contracted-out schemes, making it necessary for trustees to start examining any deeds of amendment during the affected time period, says James Newcome at Wedlake Bell.
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EU Illumina-Grail Fine Cools Cos.' Merger Control Approach
The European Commission's recent record-breaking fine on Illumina for acquiring Grail without approval underscores its tough stance on merger control enforcement, showing that companies in Europe need to be vigilant in complying with regulatory requirements, say Salomé Cisnal de Ugarte and Raphaël Fleischer at King & Spalding.
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UK Top Court Ruling Spells Uncertainty For Litigation Funders
The U.K. Supreme Court's recent decision in Paccar Inc. v. Competition Appeal Tribunal has called litigation funding agreements impermissible, causing astonishment in the legal industry and raising questions over how funders should now approach litigation, say Mohsin Patel at Factor Risk Management and Imran Benson at Hailsham Chambers.
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4 ADR Techniques To Know In Employment Cases
With increasing pressure on Employment Tribunal resources and recent presidential guidance highlighting alternative dispute resolution methods, practitioners should know the key types of ADR available for employment claims, how they differ and what the likely future implications are for those involved in tribunal litigation, says Sarah Hooton at Browne Jacobson.
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EU Privacy Framework Will Aid Int'l Data Transfer Compliance
The underlying certification mechanism in the EU-U.S. Data Privacy Framework recently adopted by the European Commission has pros and cons, and by understanding its mechanics businesses and organizations can grasp the means to ensure General Data Protection Regulation compliance in their data transfers, say lawyers at Chiomenti.
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Opinion
Plea For A New Int'l Tribunal For Russia's Crime Of Aggression
Legal experts worldwide should support the International Bar Association and other organizations calling for a United Nations special criminal tribunal to prosecute Russian leaders for the crime of aggression against Ukraine, or risk standing by as war atrocities and threats to global security increase, says Olga Kostina at Robert F. Kennedy Human Rights.
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EU Case Shows Wide Approach To Blocking Telecom Mergers
The EU court's recent judgment in Commission v. CK Telecoms may make it more challenging to secure clearance for telecom and other companies pursuing mergers, illustrating its broad approach to mergers that risk harming competition without creating a dominant position, say Dominic Long and Christopher Best at Allen & Overy.
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Protecting Reputation In The Age Of Shareholder Activism
With the rise in investors using equity ownership to influence the management of a company, shareholder activism has taken on fresh impetus, and general counsel have a critical part to play in safeguarding an organization's reputation by engaging in open communication and implementing effective corporate governance, says Neil McLeod at The PHA Group.
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Factors Driving Increased Litigation Against European Cos.
European government regulation and enforcement, economic inflation and litigation funding are driving an increase in litigation, especially class actions, against corporations in Europe, a trend that seems to be here to stay, says Henning Schaloske at Clyde & Co.
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US-EU Plan On AI Illustrates Differing Opinions On Regulation
While the recently announced U.S.-EU voluntary code of conduct for artificial intelligence demonstrates a commitment to deliberate management of the technology, differing views on AI regulation in both regions — and globally — highlight the challenges of achieving a universal solution, say attorneys at Dechert.
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EU Ruling Sets Antitrust Analysis For Vertical Price-Fixing
The European Court of Justice's recent ruling in Super Bock v. Autoridade da Concorrência marks a significant step forward by introducing well-established EU competition law principles in the context of vertical price-fixing agreements, and seems to align with the U.S. approach, say lawyers at McDermott.
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What Venezuelan Gold Fight Means For UK One Voice Doctrine
The Court of Appeal's judgment in Deutsche Bank v. Central Bank of Venezuela clarifies the application of the "one voice" doctrine to foreign court judgments, highlighting that the reasoning depends on the recognition or nonrecognition of a head of state or government that is contrary to the U.K. government's position, say lawyers at Latham.
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The Importance Of A Proactive Approach To Workplace Safety
Two recent Crown Court cases regarding gross negligence manslaughter highlight the costs of failing to prioritize safety at work, which should act as a catalyst for companies to review and update their health and safety policies, say lawyers at Fieldfisher.
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How Conflict Management Can Prevent Arbitration Disputes
Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.
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Loot Box Regulation In Europe Could Benefit From Reform
In light of recent court rulings concerning video game loot boxes, authorities across Europe are taking increasing note of this mechanism, yet with a coordinated approach, appropriate regulations and a focus on enforcement, there is no need to issue a ban, say Elia Kim and Hazal Kirci at Simmons & Simmons.