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Commercial Litigation UK
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May 28, 2024
Lawyer Wants To Strike COVID Probe As Abuse Of Process
A solicitor asked the profession's disciplinary tribunal on Tuesday to strike out his prosecution, claiming the legal regulatory body's attempt to sanction him over his representation of workers opposed to the COVID-19 vaccine is an abuse of process.
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May 28, 2024
Berkeley Energia Hits Spain For $1B Over Nixed Uranium Plant
Clean energy company Berkeley Energia Ltd. announced Tuesday that it is seeking $1 billion in preliminary compensation from Spain in international arbitration after the country shut down the company's bid to construct a uranium mine and processing plant.
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May 28, 2024
Eastman Group Accused Of Owning No Rights In IP Spat
A company selling paint protection film for cars is fighting allegations that one of its managers stole a database belonging to Eastman Group in order to jumpstart the business, arguing the information wasn't confidential.
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May 28, 2024
Prison OK To Fire Absent Staffer After Boss' Sexual Assault
A prison did not unfairly sack an employee who was off sick with no likelihood of returning even though the absence began after a supervisor sexually assaulted her, a tribunal has ruled.
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May 28, 2024
Vardy Says Lawyer Worked On Xmas In 'Wagatha' Costs Battle
Two spouses of football players fought over legal bills in a London court Tuesday in the aftermath of their high-profile libel battle, as one argued that her costs were not unreasonable because her leading barrister had worked on Christmas Day.
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May 28, 2024
Major Insurers Face £472M Claim For Russia-Stranded Planes
An aircraft lessor has brought a £472 million ($604 million) claim against dozens of major insurers over planes stranded since the invasion of Ukraine, following a landmark London court ruling that blocked attempts to move similar cases to Russia.
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May 28, 2024
Samsung Bioepis Fights AstraZeneca Unit Over Soliris Patent
Samsung Bioepis has challenged the validity of Alexion's Soliris drug in a London court in a bid to clear its path to sell a biosimilar version of the rare blood disease medicine — but the AstraZeneca unit has hit back amid hopes to maintain its monopoly over the treatment.
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May 28, 2024
EasyGroup Sues Biz Owner For Confidentiality Breach
EasyGroup, the parent company of easyJet, has accused a U.K. business owner of flouting a confidentiality agreement with the brand by contacting a journalist at The Times newspaper about the group's legal action against him.
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May 28, 2024
UK Gov't Faces Threat Of Fresh Infected-Blood Litigation
Lawyers representing victims of the infected blood scandal have said they could restart civil litigation against the government unless it accepts findings that officials failed to warn the public of the risks of treatment and keep patients safe.
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May 28, 2024
Israeli Aquaculture Firm Sued Over $21M Unpaid Settlement
An asset management firm based in the Cayman Islands is seeking more than $21 million from an Israeli aquaculture company over an allegedly unpaid settlement agreement intended to resolve earlier arbitration proceedings.
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May 28, 2024
NatWest Unaware Of Former Trader's Asperger's Diagnosis
A former NatWest trader has lost his bid to revive his disability discrimination claim against the high street lender's investment banking arm as an appeals tribunal upheld findings that it did not know about his Asperger's syndrome diagnosis when he unsuccessfully applied to rejoin the company.
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May 24, 2024
The UK Laws That Will Pass Or Fail As Election Looms
Prime Minister Rishi Sunak's decision to call an early general election to be held on July 4 has left several pieces of legislation hanging in the balance during the so-called "wash-up" period before Parliament is formally dissolved, while others have been pushed through.
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May 24, 2024
Ex-Soccer Player Loses Early Libel Battle With TV Presenter
Former professional soccer player Joey Barton lost an early legal battle against U.K. television presenter Jeremy Vine on Friday over online posts labeling Vine a "bike nonce" after a London judge ruled that they were accusations of pedophilia.
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May 24, 2024
UK's 2nd CPO Settlement Points To More Scrutiny On Payouts
Britain's competition tribunal scrutinized how the U.K.'s second-ever class action settlement will be handed out to rail passengers before approving the deal, shedding light on what information it will expect to see before signing off on future settlements.
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May 24, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.
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May 24, 2024
Law Firm Partner Says Sorry For Expert Witness Interference
A Penningtons Manches Cooper LLP partner has apologized to a London court for overstepping in his interference with an expert witness' statement amid his client's feud with AXA XL.
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May 24, 2024
Generali Italia Denies Owing £1M To Exec With Eye Disease
Italy's largest insurance company has denied that it owes more than £1 million ($1.2 million) in incapacity benefits and damages to a Quest Software sales director suffering from a degenerative eye disease after rejecting his claim.
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May 24, 2024
Bayer Loses Bid To Overturn Xarelto Patent Loss
Pharma giant Bayer AG lost its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto, when an appeals court ruled Friday that the drug involved no inventive step and should not be given protection.
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May 24, 2024
Ex-Post Office Boss Blames Scandal On Bad Legal Advice
Paula Vennells blamed the advice of her senior lawyers for not becoming aware of the wrongful prosecutions by the Post Office of innocent people based on faulty IT data, as she gave evidence to the inquiry into the scandal Friday.
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May 24, 2024
Tesla Hits Back At InterDigital's Bid To Ax 5G FRAND Case
Tesla told a London court Friday that it is entitled to challenge the terms of licenses for 5G vehicle technology owned and licensed by InterDigital and Avanci LLC, hitting back at the two companies' bid to have its case thrown out.
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May 24, 2024
Travelers Insurance Sued Over Fire-Damaged Warehouse
A U.K.-based building operator is suing its insurer for breach of contract for refusing to pay out on its multimillion-pound policy after fires destroyed its Scottish warehouse because the company allegedly fell short of security requirements and other policy provisions.
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May 24, 2024
Ex-Aviva Staffer's Tribunal Outbursts Not A Bar To Fair Trial
Aviva must face a former employee's discrimination claim even though her actions during hearings — including accusations of institutional racism in employment cases — is likely to prevent the trial being fair, a tribunal has ruled.
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May 24, 2024
PE Firm, Pharma Cos. Overturn £31M Drug Price-Fixing Fines
Private equity group Cinven and three pharmaceutical companies have successfully overturned a decision by the U.K. antitrust regulator to fine them £31 million ($39 million) for allegedly fixing the price of drugs sold to the National Health Service.
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May 23, 2024
Investors Lose $600M Mass Claim Over Cyprus Bank Failures
The Republic of Cyprus said Thursday that an international arbitral tribunal has dismissed an unprecedented $600 million mass claim by Greek depositors and bondholders affected by the restructuring of Laiki Bank and Bank of Cyprus.
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May 23, 2024
NY Top Court Revives FanDuel Investors Suit
New York's top appeals court on Thursday revived a suit brought by FanDuel investors who claim they were deprived of profits from a merger, disagreeing with a lower court's interpretation of Scottish law.
Expert Analysis
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Why The UK Needs Tougher Fraud Enforcement
The Crown Court's recent conviction of Anthony Constantinou for running a Ponzi scheme is a rare success for prosecutors, highlighting the legal system's painfully slow course when it comes to complex fraud, and the need for significant funds and resources in the fight against financial crime, says James Clark at Quillon Law.
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Global M&A Outlook: Slow But Moving Along
Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.
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Emmentaler Case Elucidates Recipe For EU Food Trademarks
In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.
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Why Int'l Investors Should Keep An Eye On German M&A Regs
While German reform proposals will digitize corporate law formalities that have long been immune to change, international limitations remain, particularly for countries outside the European Union, as Germany moves to tighten regulatory hurdles to control inbound investment, say Marcus Geiss and Sonja Ruttmann at Gibson Dunn.
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Mass EU Privacy Litigation May Be Imminent After GDPR Case
While the EU Court of Justice decision in Österreichische Post, clarifying that personal data infringements under the General Data Protection Regulation must be effectively compensated, has not yet opened the floodgates for data breach litigation, it has definitely encouraged individuals to pursue damage claims, says Jan Spittka at Clyde & Co.
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What Google Case Means For Privacy Class Action Litigation
While the recent High Court decision in Prismall v. Google UK and DeepMind highlights the high bar for bringing collective actions on an opt-out basis and the difficulties of relying on the tort in misuse of private information, it is not impossible as long as the case is right, says Kingsley Hayes at Keller Postman.
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Meta Fine Offers EU Data Privacy Compliance Warning
The recent record €1.2 billion fine against Meta highlights that all transfers of EU personal data to U.S. companies inherently risk breaching the General Data Protection Regulation, so companies should examine whether privacy compliance is sufficiently built into their business model, says Eddie Powell at Fladgate.
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Failed Libel Claim Shows Need For Political Donation Controls
While the recent High Court decision to throw out a Tory donor's libel claim demonstrates that courts will not hesitate to pull the plug on baseless and resource-draining claims, it also highlights the need for robust checks on political party donations and stronger anti-SLAPP legislation, says Helen Taylor at Spotlight on Corruption.
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Unified Patent Court Advantages Leave US Trailing Behind
Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.
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Examining The Effects Of Increased Construction Insolvency
With a significant rise in construction firm insolvencies, proactive monitoring of key counterparties is paramount, and if early warning signs such as failure to pay suppliers or a turnover in key management are triggered, parties should take steps to minimize exposure and potential losses, say lawyers at Reynolds Porter.
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Ensuring Construction Project Insurance Cover Is Adequate
There are a number of ways for practitioners to secure appropriate insurance for a construction project, and it is as important to consider who is covered under the policy as it is the specific terms and obligations, say lawyers at Gowling.
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GDPR Case Sheds Light On Threshold For Individual Damages
The recent EU Court of Justice judgment in Österreichische Post clarified that an individual must suffer damages from an infringement of the General Data Protection Regulation to claim compensation, but the lack of guidance regarding calculation creates further ambiguity for organizations and an opportunity for individuals to forum shop, say lawyers at Van Bael & Bellis.
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What Private Investment Can Bring To Barristers' Chambers
The recent private equity investment in The Barrister Group, believed to be the first at the Bar of England and Wales, demonstrates how an upgrade in chambers' business processes and technology can be achieved, both essential for the future of the profession, says Harry Hodgkin at The Barrister Group.
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The Path Forward For Blockchain Patents In The UK And EU
The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.
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High Court Case Nearly Settles Fixed-Or-Floating-Charge Test
While the High Court recently clarified in the Avanti Communications case that a limited freedom of a charger to deal with permanent assets will not create a floating charge, it does not resolve the differences in opinion between borrowers' and lenders' lawyers about the extent of that freedom, say Paul Denham and Bruce Johnston at Morgan Lewis.