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Commercial Litigation UK
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September 19, 2024
SFO Ordered To Disclose Total Cost Of Failed ENRC Probe
The Serious Fraud Office must disclose the total cost of its now-moribund corruption investigation into Eurasian Natural Resources Corp., a London tribunal ruled on Wednesday.
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September 19, 2024
EU Wrong To Block Berlusconi's Bank Stake, Top Court Rules
Europe's highest court ruled Thursday that the European Central Bank was wrong to decide that a prior conviction for tax fraud prevented former Italian Prime Minister Silvio Berlusconi from holding a stake in a bank in the country.
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September 19, 2024
Google Accused Of Apple 'Stranglehold' In £7B Class Action
A consumer champion bringing a £7 billion ($9.3 billion) class action against Google told a tribunal Thursday that the tech giant has maintained a "stranglehold" on Apple devices through an illegal exclusivity deal with the iPhone-maker.
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September 18, 2024
Parent Of UK's TGI Fridays Falls Into Administration
The British restaurant group that operates TGI Fridays' UK stores has collapsed into administration on Wednesday, along with its plans to sell its 87 restaurants in the UK, the company said after it nixed a deal to acquire U.S. stores earlier this month.
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September 18, 2024
Statistics Body Staff Lose COVID-19 Survey Safety Claim
The U.K.'s national statistics body did not subject four field interviewers to any detriment resulting from their alleged whistleblowing over safety concerns amid a return to in-person interviews during the coronavirus pandemic, a tribunal has ruled.
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September 18, 2024
Google Fights To Ax £7B Apple Search Engine Abuse Case
Google asked a tribunal on Wednesday to strike out a £7 billion ($9.25 billion) case alleging it abused its dominance by securing exclusivity for its search engine on Apple devices, arguing that the case against it must fail.
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September 18, 2024
Boxing Body Knocks Out Referee's Race Bias Case
A Black boxing referee has lost his bias case against the sport's governing body, after an employment tribunal ruled that its decision to stop giving him fights was tied to his defamation claim rather than his race.
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September 18, 2024
Privinvest Says Missing Disclosure Made Fair Trial Impossible
A shipbuilding company is seeking to dodge having to pay approximately $2 billion in damages awarded to Mozambique over a bribery scheme that wrecked the country's economy, urging a court to stay enforcement of the judgment to await the outcome of any appeal.
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September 25, 2024
CMA Consumer Protection Chief Joins Lewis Silkin
Lewis Silkin LLP has hired a former director at the Competition and Markets Authority to boost its services for clients being investigated over their compliance with consumer regulations.
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September 18, 2024
Cabin Biz Accuses Rival Of 'Cynical' Door Design Copying
A cabin maker has accused a competitor of infringing its design rights over the features of its doors, arguing at a London court that its rival must pay damages after running a "campaign of copying."
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September 18, 2024
Justices Say €450M RusChem Case Governed By English Law
English courts had the jurisdiction to prevent a Gazprom subsidiary from pursuing a €450 million ($500 million) claim in the Russian courts against UniCredit Bank AG, Britain's top court said Wednesday as it delivered its reasons for halting the litigation earlier this year.
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September 18, 2024
Black Staff Win £64K After Council Turns Blind Eye To Racism
An employment tribunal has ordered a local government authority to pay more than £64,150 ($85,000) to two staff members after it harassed, victimized and racially discriminated against them for being Black.
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September 18, 2024
Clearpay Defends Ending Westfield Deals Over Xmas Closures
Clearpay Finance has argued in a filing at the High Court that it was entitled to end two "buy now, pay later" partnerships with Westfield's London shopping centers early because they closed for more than 24 hours during the Christmas period.
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September 18, 2024
Qualcomm Gets Predatory Pricing Fine Trimmed To €239M
A European Union court has pared back the penalty handed to Qualcomm for abusing its dominance by selling 3G baseband chipsets below cost, trimming it on Wednesday from €242 million ($266 million) to €238.7 million after finding that enforcers had not properly applied their own fining guidelines.
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September 18, 2024
Google Gets €1.49B Antitrust Fine Tossed In AdSense Case
A European Union court on Wednesday annulled a €1.49 billion ($1.65 billion) fine against Google for abusing its dominance in markets for brokering online search advertising, saying the bloc's competition enforcer had not adequately weighed how long the contracts had been in place.
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September 17, 2024
Cos. Risk Offside Call On Contractor Tax After HMRC Win
The U.K. Supreme Court's decision Monday that Premier League referees count as employees for tax purposes means many companies may have to reassess their arrangements with contractors or risk higher tax costs in the future, tax experts say.
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September 17, 2024
Ex-Plexus Lawyer Suspended For Misleading Client, Insurer
A former solicitor at Plexus Legal LLP, the now-defunct law firm, has been suspended after she filed a misleading witness statement at court and failed to disclose that a defense and counterclaim had been struck out, a London tribunal has ruled.
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September 17, 2024
BBC Backs Public Interest Value Of Tory Donor Bribery Claims
The BBC has defended itself against a defamation claim from Mohamed Amersi, arguing that statements it made about the telecoms magnate and Conservative Party donor's connection to potentially corrupt deals were substantially true and in the public interest.
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September 17, 2024
Investors' Losses Were Caused By Own Failures, Firm Says
A Liverpool-based law firm has denied claims it was negligent when advising investors on a real estate investment deal alleged to be a Ponzi scheme, arguing that investors' losses were caused by their failure to follow legal advice.
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September 17, 2024
School To Pay Math Teacher £850K Over Baseless Firing
A Catholic secondary school has agreed to pay £850,000 ($1.2 million) in a settlement to its former head of math, after a tribunal ruled the school fired him for refusing to take up a less senior position.
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September 17, 2024
Crypto-Scam Victim's Loss Hands Tracing Lessons To Experts
A recent decision that dismissed a claim brought by a victim of crypto-fraud against an exchange because of flaws in his expert evidence provides a warning for litigators that efforts to trace money will fail unless there is a clear digital trail.
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September 17, 2024
Social Worker Wins £56K Over 'Gender-Fluid' Dog Debate
A social worker sanctioned for expressing "gender critical" views in a discussion about a colleague's dress-wearing "gender-fluid" dog has won £56,000 ($74,000) after her employer conceded it had harassed her.
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September 17, 2024
Drivers Claim Bolt App's 'Full Control' Makes Them Workers
Drivers for Bolt testified Tuesday that the "full control" exercised by the ride-hailing app over aspects of their job means that they should be classed as workers as they pursue a mass claim against the company at a London employment tribunal.
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September 17, 2024
Crypto-Fraud Victim Sues Lawyers Over 'Valueless Advice'
An alleged victim of a cryptocurrency fraud has claimed that a specialist investment law firm owes her £635,000 ($839,000) for providing "valueless advice" on how to recover her lost money.
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September 17, 2024
BBC Must Face Bias Claims From Disabled Accountant
The BBC has failed to get a 55-year-old accountant's age and disability discrimination claims axed, as an employment tribunal ruled that she could still prove her case even though she filed it four months late.
Expert Analysis
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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.
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Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.
In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.
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Why Workplace Menstruation And Menopause Support Matters
The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.
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Pension Trustee Case Could Lead To Fossil Fuels Divestment
While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.
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Outbound Screening May Be Next EU Investment Control Step
Following the European Commission’s recent commitment to reduce dependence on third countries by developing an outbound investment review mechanism, it will be interesting to see whether member states will take a united stand or whether national security interests will trump such an approach, say Christoph Barth and Neil Hoolihan at Linklaters.
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Barclays Ruling Narrows Banks' Fraud Recovery Duty
The U.K. Supreme Court's recent ruling in Philipp v. Barclays decided against the so-called Quincecare duty's application in authorized push payment fraud, shining light on how banks should balance their responsibility to follow customers' instructions against making reasonable inquiries, say lawyers at Ontier.
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EU Decision Adds To Growing Right Of Access Case Law
The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.
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How The Law Must Change To Accommodate Digital Assets
The Law Commission's recent report shows that the common law of England and Wales is well suited to adapt to digital assets, and with targeted statutory reform to unlock the possibility of recognizing property in intangible things, the U.K. can become an ideal hub for parties to transact with emerging technology, says Sarah Green at the commission.
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Copyright Trial Defense Tips From 'Thinking Out Loud' Case
The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.
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UK Tribunal Ruling Sheds Light On Workplace Speech Issues
The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.
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Leading THC Case Lends Support To UK Legalization Debates
Even though the Court of Appeal's ruling in R v. Margiotta on legally importing and supplying low THC cannabis cannot be relied on post-Brexit, it provides powerful arguments for the legalization of supply in low THC cannabis, including the fact the product is not considered a narcotic drug, say Robert Jappie at Fieldfisher and Josh Normanton at Trinity Chambers.
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Employment Tribunal Data Offers Workplace Practice Insights
A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.