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Commercial Litigation UK
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October 11, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Lakshmi Mittal sue steel magnate Sanjeev Gupta in a long-running clash to claw back €140 million ($153 million) of debt, a high-profile AI researcher take action against the Intellectual Property Office to register his software as a listed patent inventor and troubled housing trust Home Reit face a claim by a real estate developer. Here, Law360 looks at these and other new claims in the U.K.
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October 11, 2024
Courier Biz Rebukes EasyGroup TM Claim Over 'EasyCargo'
Courier price comparison website EasyCargo has told a London court that its company trademark does not infringe two of easyGroup's trademarks, after the easyJet owner launched its latest bid to stop what it calls "brand thieves."
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October 11, 2024
Day 1 Unfair Dismissal Right Risks Diversity And Justice Aims
Abolishing the two-year qualifying period to bring an unfair dismissal claim will trigger an impossible deluge of tribunal cases and a more cautious approach to recruitment that risks turning back the clock on diversity in the workforce, lawyers warned about the headline proposal in the Employment Rights Bill.
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October 11, 2024
Company Director Says £1M Payments Were Legit Expenses
A former director of a supply chain company and his wife have hit back at allegations that they covertly authorized payments worth more than £1.2 million ($1.6 million) unconnected to its business, claiming that expenditure decisions were legitimately made at their discretion.
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October 11, 2024
Care Home Chef Unfairly Sacked After GDPR Breach
An assistant chef has won her claim that her care home employer unfairly fired her for sending an email containing confidential information about a vulnerable resident — but failed to convince the tribunal that she faced discrimination and harassment from staff.
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October 11, 2024
Ex-Footballer Apologizes To TV Host For 'Bike Nonce' Posts
Former professional footballer Joey Barton apologized to Jeremy Vine at a London court on Friday over an online posting campaign "of unprecedented scale and intensity," in which he labeled the media personality a "bike nonce," as he responded to the broadcaster's successful libel claim.
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October 11, 2024
Art Dealer's Ex-Wife Denies Liability For His Loan
The former wife of Andrew Valmorbida, an art dealer to the stars who was involved in a multi-million dollar art fraud, has said she should not pay back an investment firm part of $33.4 million taken by her then-husband, arguing the business can pursue other assets first.
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October 11, 2024
Waste Co. Directors Hit Back At Energy Biz Buyer For £5.4M
The directors of a waste management company have hit back with a £5.4 million ($7.1 million) counterclaim against a business that acquired their food waste processing plant, accusing the buyer of diverting waste away from the operation to minimize performance-based payments.
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October 11, 2024
Coca-Cola Driver Wins Bias Appeal Over Blackout Disorder
A tribunal wrongly held that a Coca-Cola truck driver's coughing condition, which causes him to black out, did not render him disabled for the purpose of his claim of disability discrimination, a London appeals judge has ruled.
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October 10, 2024
Miner Liable To PE Firm Over Axed $1B Brazilian Mine Deal
South African miner Sibanye-Stillwater is liable to pay damages to private equity firm Appian Capital Advisory LLP for withdrawing from a $1 billion deal to buy two Brazilian copper and nickel mines, a London court ruled Thursday.
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October 10, 2024
UK Exit Taxes OK When Paid Over Time, Upper Tribunal Says
An exit tax on U.K. trusts leaving the country pre-Brexit interfered with their European Union right to free movement of capital, but is brought into compliance if trusts can pay the tax over at least a five-year period, the Upper Tribunal ruled.
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October 10, 2024
Exxon Suing Netherlands Over Gas Phaseout Plans
An ExxonMobil unit has accused the Netherlands of reneging on its contractual obligations related to the phasedown of gas extraction activities in the country's earthquake-stricken Groningen oil field.
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October 10, 2024
Lawyers Call On EHRC To Promote Race Bias Claim Funding
The U.K.'s equalities watchdog funded just 27 cases from 2022 to 2023, prompting calls from employment specialist GQ Littler on Thursday to better advertise its race discrimination legal support fund.
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October 10, 2024
Ex-Goldman Manager Claims £3.8M In Paternity Sex Bias Case
A former Goldman Sachs compliance manager launched his sex discrimination case against the investment bank on Thursday, claiming £3.8 million ($5 million) and alleging that his bosses used redundancy as a smokescreen to sack him for taking paternity leave.
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October 10, 2024
HSBC Appeals To Throw Out Job Applicant's Race Bias Claim
HSBC Bank PLC urged a London appeals court Thursday to dismiss a job applicant's discrimination claim that alleged it unfairly refused to hire her for a director role, arguing that an employment tribunal had made factual errors when it revived the case.
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October 10, 2024
Howden Seeks To Move Part Of Aon Poaching Case To Brazil
Howden Group Thursday urged a court to stay parts of a claim by professional services firm Aon against the broker related to alleged staff poaching from Aon's Brazilian insurance business, saying the South American country is the right venue for the dispute.
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October 10, 2024
Risk Co. Can't Pursue Bankruptcy Against Guernsey Resident
A risk management company lost its attempt to bring bankruptcy proceedings against a man in Guernsey that owes it around £2 million ($2.6 million), after a London court ruled the business couldn't meet the conditions to file outside England and Wales.
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October 10, 2024
Ex-CEO Wins £115K For Dismissal Before Meat Supplier's Sale
The ousted chief executive of a meat supplier has won £115,352 ($150,802) after an employment tribunal ruled that administrators made him redundant in order to attract offers to buy his failing company.
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October 10, 2024
Top Takeaways From The Employment Rights Bill
Proposals for the landmark Employment Rights Bill unveiled Thursday present a huge challenge for employers, and will force businesses to adapt quickly to meet confirmed plans to give workers new rights from their first day on the job and introduce new restrictions on employment contracts.
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October 10, 2024
Lebanese Bank Claims It Was Told Not To Repay $234M Debt
Lebanon's largest private lender has claimed that the central bank of the Middle East state advised it not to repay foreign loans and interests totaling more than $234 million it owed to a member of the World Bank Group because of an economic crisis.
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October 10, 2024
Law Firm Owner Faces SDT Over Conflict Of Interest
A law firm owner has been referred to a disciplinary tribunal to face allegations that he created a risk of a conflict of interest by acting for one client in a financial dispute with another client of the firm, the Solicitors Regulation Authority has said.
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October 10, 2024
Advisers Say Council's 'Extreme' Risk Appetite Lost It £20M
Laven Advisors LLP has denied that one of its representatives made fraudulent misrepresentations about high-risk bonds to an English local authority, claiming the £20 million ($26.1 million) investment loss incurred by the council was a result of its own "extreme" risk appetite.
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October 09, 2024
Bank Of Scotland Forced £18.5M Hotel Asset Sale, Court Hears
The Bank of Scotland acted in bad faith by forcing a high-end hotel group it partly owns to sell valuable premises at a reduced price, a lawyer for the hospitality chain said on the first day of trial Wednesday.
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October 09, 2024
Litigation Funder Sues After-The-Event Insurer For £61M
A legal loans company has sued an insurer for around £61.4 million ($80.3 million) over its alleged failure to pay out under a litigation funding arrangement.
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October 09, 2024
State Immunity Blocks Harassment Case Against Ambassador
The former advisor to Ivory Coast's U.K. ambassador cannot bring claims of unfair dismissal and sexual harassment against a government unit after an employment tribunal ruled that it lacked jurisdiction to hear the case.
Expert Analysis
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How Data Privacy Law Cases Are Evolving In UK, EU And US
To see where the law is heading in 2024, it is worth looking at privacy litigation and enforcement trends from last year, where we saw a focus on General Data Protection Regulation regulatory enforcement actions in the U.K. and EU, and class actions brought by private plaintiffs in the U.S., say lawyers at Morgan Lewis.
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Misleading Airline Ads Offer Lessons To Avoid Greenwashing
Following the Advertising Standards Authority's recent decision that three airlines' adverts misled customers about their environmental impact, companies should ensure that their green claims comply with legal standards to avoid risking reputational damage, which could have financial repercussions, say Elaina Bailes and Olivia Shaw at Stewarts.
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Supreme Court Ruling Is A Gift To Insolvency Practitioners
As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.
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Major EU AI Banking Ruling Will Reverberate Across Sectors
Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.
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English Could Be The Future Language Of The UPC
While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.
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Arbitration Remains Attractive For Digital Disputes In 2024
Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.
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Key Employer Lessons From 2023 Neurodiversity Case Uptick
The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.
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A Look At 2023's Landmark Insolvency Developments
The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.
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Hague Judgments Treaty May Boost UK-EU Cooperation
The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.
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5 Key UK Employment Law Developments From 2023
Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.
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Emerging Trends From A Busy Climate Litigation Year
Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.
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Key 2024 Arbitration Trends In A Changing World
As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.
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2024 Will Be A Busy Year For Generative AI And IP Issues
In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
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Regulating Digital Platforms: What's Changing In EU And UK
Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.
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Dyson Decision Highlights Post-Brexit Forum Challenges
The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.