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Commercial Litigation UK
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October 08, 2024
SFO, ENRC Settle Case Over Agency's Alleged Leaks To Media
Eurasian Natural Resources Corp. and the Serious Fraud Office reached a confidential settlement Tuesday, ending a bitter legal battle over the prosecutor's alleged leaks to the media during the life of an ill-fated criminal probe.
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October 07, 2024
'Petsure' Appeal Levels Bar For Actual Confusion
A recent appellate court ruling holding that a pet insurance company's name was too similar to its rival's trademark spells good news for trademark pros, who feared that the initial ruling in the case would set the burden of evidence for actual confusion too high.
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October 07, 2024
Pinsent Masons Snags DLA Piper Construction Disputes Pro
Global law firm Pinsent Masons LLP said Monday it has hired a DLA Piper international arbitration lawyer in London who advises clients on construction, engineering and infrastructure disputes.
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October 07, 2024
Walker Crips Must Classify Investment Manager As Worker
An investment manager on Monday won his bid for worker status after an employment tribunal ruled that a lax agreement with Walker Crips giving him free rein over his hours and investment style didn't mean he owned a separate business.
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October 07, 2024
Putin Helped Airlines Survive, Insurers Say In Stranded Jets Trial
The Russian government did not order the country's private airlines to retain aircraft after Western sanctions were imposed, a group of insurers argued at trial Monday, but instead facilitated the necessary conditions for its aviation industry to survive.
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October 07, 2024
Ukraine Utility Fights Russia's Stay Bid In $208M Award Suit
A Ukrainian electric utility has urged a D.C. federal court not to pause its lawsuit seeking to enforce a nearly $208 million arbitral award it won after the Kremlin seized its Crimean assets, arguing that Russia's stay motion is a transparent delay tactic.
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October 07, 2024
Rosenblatt Rejects Negligence Claims Over Jaeger Collapse
Rosenblatt Solicitors has denied being negligent in its handling of a claim for a fashion retail entrepreneur against Lloyds Bank over the bank's alleged role in the demise of fashion brand Jaeger, arguing it had to take a narrow focus to bolster the weak case.
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October 07, 2024
Carmakers Say UK 'Dieselgate' Claims Twisting German Law
Automakers accused U.K. motorists of opportunism on Monday in a preliminary battle over German law in the first major London court hearing over litigation alleging emissions test cheating devices were fitted into their cars.
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October 07, 2024
Covington UK White Collar Chief Heads To Litigation Boutique
Covington & Burling LLP's former co-head of white collar defense for Europe joined litigation boutique Quillon Law LLP on Monday to boost its capabilities in major fraud cases and investigations.
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October 07, 2024
Man City, Premier League Both Claim Victory In Legal Battle
The Premier League's sponsorship rules breach U.K. competition law, a tribunal held in a decision published Monday, which prompted both the league and Manchester City Football Club to claim victory in their legal battle over the regulations.
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October 07, 2024
Firm's Boss Misled Insurer Over Suspended Lawyer, SRA Says
The solicitors' watchdog told a disciplinary tribunal Monday that the boss of a law firm misled insurers to cover up employing a lawyer who was banned from handling client accounts.
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October 07, 2024
Meta Loses Second Bid To Ax £2.3B Data Misuse Class Action
Meta has failed in its second attempt to challenge a decision by Britain's antitrust tribunal to allow a £2.3 billion ($3.1 billion) class action accusing the Facebook owner of exploiting its users' data, as an appeals court ruled Monday that the "complex" issues should be determined at trial.
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October 07, 2024
Underwriter Rejects €1.6M Contract Cancellation Claim
A German underwriter has said it is not liable for €1.6 million ($1.75 million) in damages claimed by a Liechtenstein-based insurer that alleges it failed to end contracts correctly, saying it did not have a duty to record their termination.
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October 07, 2024
LME Beats US Hedge Fund's Appeal Over $12B Nickel Trade
A London court has dismissed a U.S. hedge fund's appeal against a decision by the London Metal Exchange to cancel more than $12 billion in nickel trades, ruling on Tuesday that its actions were lawful, justified and proportionate.
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October 07, 2024
Worker Wins Claim She Was Harassed By Offers Of Support
A water supplier has been held liable for harassing a former employee over a manager's well-meaning attempts to help her return to work after several absences through sickness.
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October 07, 2024
SFO Nears Settlement With ENRC Over Media 'Leaks'
Eurasian Natural Resources Corp. and the Serious Fraud Office said Monday that they have reached a tentative settlement ending their legal battle over claims that SFO officials fed investigative journalists confidential information about the agency's criminal probe into ENRC.
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October 04, 2024
GP's 'Old Knacker' Comments Harassed Manager, Tribunal Says
A general practice labeled one of its managers a druggy for taking antidepressants and continuously harassed her to the point where she felt forced to quit, an employment tribunal has ruled.
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October 04, 2024
Simply Naturals Sues Former Director, Claiming TM Grab
Simply Naturals has accused a former director of trying to steal its "sizzling minerals" trademark, claiming in a London court that he was threatening to bring infringement proceedings despite transferring the name rights years ago.
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October 04, 2024
Former TUI Pilot Loses Health Insurance Employment Claim
A former TUI Airways Ltd. pilot did not have the right to receive permanent health insurance benefits until the state pension age of 66 because his contractual retirement age was 65, an employment tribunal has ruled.
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October 04, 2024
GB News Can't Halt Ofcom Sanction Over Sunak Q&A
GB News can't prevent the U.K.'s broadcasting regulator from publishing a sanction for breaching impartiality rules in a Q&A program with former Prime Minister Rishi Sunak, a London court ruled Friday while also giving the channel a green light to challenge the watchdog's finding.
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October 11, 2024
Covington Adds Mishcon Insurance Litigation Pro In London
Covington & Burling LLP has hired a dispute specialist as a partner to its global insurance practice group in London to lead the firm's policyholder disputes practice.
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October 04, 2024
Barristers Lose Appeal Over Fees For Adjourned Trial
Two barristers have failed to overturn a ruling that they were not entitled to the majority of approximately £150,000 ($196,800) in fees to act in a £20 million trial after a London appellate court ruled that the contract underpinning the fees was a "one-sided arrangement."
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October 04, 2024
CAT Head Stepping Down After Love Letter To Junior Staffer
The president of the Competition Appeal Tribunal is leaving his post, the judiciary announced this week — two months after he received a serious warning for misconduct for declaring his love to a junior staff member in a handwritten note.
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October 04, 2024
WealthTek Distribution Plan Was Approved For Expediency
England's High Court had the power to approve a plan to distribute client assets held by collapsed wealth manager WealthTek LLP even though the plan does not conform with investors' "strict rights" to their investment, a judge said Friday in giving his full reasons for sanctioning the plan earlier this year.
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October 04, 2024
Google Director Denies 'Shorts' Is Brand In Trademark Fight
A senior Google director said Friday during questioning in a London trial that the tech giant's 'YouTube Shorts' video platform does not function as a brand in isolation, contradicting the accusation of the international film distributor behind ShortsTV that the moniker infringed its trademarks.
Expert Analysis
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PPI Ruling Spells Trouble For Financial Services Firms
The Supreme Court's recent decision in Canada Square v. Potter, which found that the claimant's missold payment protection insurance claim was not time-barred, is bad news for affected financial services firms, as there is now certainty over the law on the postponement of limitation periods, rendering hidden commission claims viable, say Ian Skinner and Chris Webber at Squire Patton.
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UPC Decision Highlights Key Security Costs Questions
While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.
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Extradition Ruling Hints At Ways Around High Burden Of Proof
The U.K. Supreme Court's recent ruling in Popoviciu v. Curtea De Apel Bucharest confirmed that, in a conviction extradition case, the requested person must establish a flagrant violation of their right to a fair trial, but the court's reasoning reveals creative opportunities to test this boundary in the U.K. and Strasbourg alike, says Rebecca Hughes at Corker Binning.
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IP Ruling Could Pave Way For AI Patents In UK
If implemented by the U.K. Intellectual Property Office, the High Court's recent ruling in Emotional Perception AI v. Comptroller-General of Patents, holding that artificial neural networks can be patented, could be a first step to welcoming AI patents in the U.K., say Arnie Francis and Alexandra Brodie at Gowling.
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UK Review May Lead To Lower Investment Screening Burden
The government’s current review of national security investment screening rules aims to refine the scope of mandatory notifications required for unproblematic deals, and is likely to result in much-needed modifications to minimize the administrative burden on businesses and investors, say lawyers at Simpson Thacher.
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What Prince Harry Privacy Case May Mean For Media Ethics
An English High Court recently allowed the privacy case brought by Prince Harry and six other claimants against the Daily Mail publisher to proceed, which, if successful, could embolden other high-profile individuals to bring claims and lead to renewed calls for a judicial public inquiry into British press ethics, says Philippa Dempster at Freeths.
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How European Authorities Are Foiling Anti-Competitive Hiring
Lawyers at Squire Patton discuss key labor practice antitrust concerns and notable regulation trends in several European countries following recent enforcement actions brought by the European Commission and U.K. Competition and Markets Authority.
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When Can Bonuses Be Clawed Back?
The High Court's recent decision in Steel v. Spencer should remind employees that the contractual conditions surrounding bonuses and the timing of any resignation must be carefully considered, as in certain circumstances, bonuses can and are being successfully clawed back by employers, say Merrill April and Rachael Parker at CM Murray.
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The State Of UK Litigation Funding After Therium Ruling
The recent English High Court decision in Therium v. Bugsby Property has provided a glimmer of hope for litigation funders about how courts will interpret this summer's U.K. Supreme Court ruling that called funding agreements impermissible, suggesting that its adverse effects may be mitigated, says Daniel Williams at DWF Law.
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Trial By AI Could Be Closer Than You Think
In a known first for the U.K., a Court of Appeal justice recently admitted to using ChatGPT to write part of a judgment, highlighting how AI could make the legal system more efficient and enable the judicial process to record more accurate and fair decisions, say Charles Kuhn and Neide Lemos at Clyde & Co.
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Why It's Urgent For Pharma Cos. To Halt Counterfeit Meds
With over 10.5 million counterfeit medicines seized in the EU in 2023, it is vital both ethically and commercially that pharmaceutical companies take steps to protect against such infringements, including by invoking intellectual property rights protection, says Lars Karnøe at Potter Clarkson.
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Nix Of $11B Award Shows Limits Of Arbitral Process
A recent English High Court decision in Nigeria v. Process & Industrial Developments, overturning an arbitration award because it was obtained by fraud, is a reminder that arbitration decisions are ultimately still accountable to the courts, and that the relative simplicity of the arbitration rules is not necessarily always a benefit, say Robin Henry and Abbie Coleman at Collyer Bristow.
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How The Netherlands Became A Hub For EU Class Actions
As countries continue to implement the European Union Collective Redress Directive, the Netherlands — the country with the largest class action docket in the EU — provides a real-world example of what class and mass litigation may eventually look like in the bloc, say lawyers at Faegre Drinker and Houthoff.
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Navigating The Novel Challenges Facing The Legal Profession
The increasing prominence of ESG and AI have transformed the legal landscape and represent new opportunities for lawyers, but with evolving regulations and the ever-expanding reach of the Solicitors Regulation Authority, law firms should ensure that they have appropriate policies in place to adapt to these challenges, say Scott Ashby and Aimee Talbot at RPC.
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New Fixed Costs Rules May Have Unforeseen Consequences
The recent changes to fixed recoverable costs, which were intended to reduce costs and increase certainty, have profound implications for civil claims, but may unintentionally prompt more litigation and reduce access to justice as lawyers leave the market, says Paul Squires at Sedgwick Legal.