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Commercial Litigation UK
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October 17, 2024
Ex-Exec Calls Training Co.'s Libel Claim 'Corporate Bullying'
The former sales director of an apprenticeship provider has argued that a libel claim against him is "an abuse of the legal system," after his former employer accused him of harassing senior staff in anonymous messages.
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October 17, 2024
Morgan Lewis Adds Powell Gilbert Co-Founder As Partner
Morgan Lewis & Bockius LLP has hired the co-founder of intellectual property boutique Powell Gilbert LLP as its newest partner in London, a move that bolsters the U.S. firm's ambitions to become a patent litigation powerhouse in Europe.
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October 17, 2024
Telefónica Defends 'E-Plus' TM Against Tech Biz At EU Court
Telefónica's German arm has fought off a U.S. tech company's bid to nix one of its "E-Plus" trademarks, proving to a European Union court that it put the sign to genuine use within a key five-year period.
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October 17, 2024
Bratz Maker CEO Denies Forcing UK Retailer To Drop Rival
The chief executive of toy giant MGA Entertainment Inc. denied on Thursday that he forced a U.K. retailer to stop selling a rival product, hitting back at claims that he killed off a competitor by making baseless patent infringement litigation threats.
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October 17, 2024
Home Office Pushes Blame On Jersey For Harm To Hemp Biz
The Home Office has denied it attempted to block a Jersey hemp company from exporting its products to the U.K., arguing the crown dependency authorities acted on their own initiative and were not bound by its advice.
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October 17, 2024
Tesco Wrongly Fired Union Rep For Colleagues' Protest
A Tesco union representative who acted as a middleman between managers and colleagues who had walked out in protest was unfairly sacked, after a tribunal found the supermarket giant wrongly regarded him as the orchestrator of the action.
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October 17, 2024
VC Firm Denies Failing Putin's Ex-Son-In-Law's Divorcee
A venture capital firm has denied owing the ex-wife of Vladimir Putin's former son-in-law a £1.1 million ($1.4 million) refund for allegedly valueless help with securing her $60 million prenuptial agreement, claiming it spent hundreds of hours working for her.
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October 17, 2024
StanChart Libor Decision Splits Bank And Investor Interests
The High Court's landmark decision allowing Standard Chartered to use an alternative to Libor has provided certainty to contracts that fail to provide for the abolition of the benchmark rate, but gives investors less flexibility than they might consider the wording provides.
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October 17, 2024
Daily Mail Withdraws Articles In Privacy Battle With Tax Pro
The publisher of the Daily Mail will withdraw articles about an Alvarez & Marsal managing director's relationship with a billionaire, a lawyer for the senior tax professional told a London court on Thursday.
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October 17, 2024
E.On Skirts Payout Despite Unfairly Firing Staff After Accident
A tribunal has ruled that energy utilities supplier E.On unfairly axed two technicians after an accident while repairing a streetlight nearly left one of them dead — but the pair won no compensation due to their "negligent" conduct.
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October 17, 2024
Sony Loses EU Copyright Fight Over Variable Data In Game Codes
Europe's top court ruled Thursday that copyright protections for code do not extend to variable data used when a program is running, handing a major defeat to Sony in its battle against third-party software developers behind cheat systems.
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October 16, 2024
EAT Criticizes Tribunal's Lack Of Clarity In Decision
A community officer revived his claim that he was fired for blowing the whistle on a housing provider's discriminatory practices after an appellate tribunal found that he deserved a proper explanation for losing.
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October 16, 2024
Sergio Rossi Loses Appeal For 'SR1' TM In Battle With Rival
A European court ruled Wednesday that Italian shoe company Sergio Rossi can't register a trademark for the name of its sr1 shoe collection because its rival Stefano Ricci had already cornered the market using those letters.
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October 16, 2024
Ex-IT Firm Director Fights For Stake In Biz At Top UK Court
A former director of LA Micro Group fought to persuade Britain's top court on Wednesday that he still has a stake in the IT company because he never relinquished it in writing after falling out with his business partner.
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October 16, 2024
Regeneron, Bayer Hit Back At Amgen In Eye-Med Patent Clash
Regeneron and Bayer have fought back against Amgen's bid to dismiss two major eye medicine patents at a London court, as they accused their opponent at the same time of planning to infringe the patents with a biosimilar version of the treatment.
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October 16, 2024
Motor Sports Body Denies Massa Owed £64M Over 'Crashgate'
The governing body of motor sports has denied owing Felipe Massa £64 million ($83 million) in lost earnings following the 2008 Formula One "Crashgate" scandal, claiming the driver cannot use the courts to effectively overturn the results of the world championship.
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October 16, 2024
Woman Wins Right To Sue Regulators Over Landfill Fumes
Britain's top court ruled Wednesday that a woman can seek to bring a legal challenge against public bodies for failing to prevent noxious scents from a landfill site, finding that a lower court was wrong to block her because she had alternative remedies.
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October 16, 2024
Actors Win Worker Status For Claims Against Theater Biz
Two actors have won permission to sue a theatrical productions company under U.K. employment laws after they convinced a tribunal that they held worker status while on tour.
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October 16, 2024
Research Group Accuses Ex-Employee Of Copying Test Plan
A health research group has accused a former senior research scientist for the company of "slavishly" copying its plans for a psychometric test, alleging that she duplicated her former employer's research in work for her new employer.
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October 16, 2024
BBC Beats Announcer's Bias Claim Over Probe Into TV Error
The BBC did not discriminate against a disabled program announcer by disciplining her after she made a broadcasting error, a tribunal held in a ruling released on Wednesday.
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October 16, 2024
Argentina Denied UK Top Court Appeal In €1.3B Bond Dispute
Argentina cannot dodge paying out on an outstanding €1.3 billion ($1.4 billion) to bondholders after wrongly adjusting the way it calculates yields for government securities after Britain's highest court refused to consider the case.
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October 15, 2024
Spain Claims 2 Energy Arbitration Wins In Intra-EU Disputes
Spain said it has won a first with two arbitral awards favoring the country where International Centre for Settlement of Investment Disputes tribunals found they did not have the jurisdiction to hear a dispute under the Energy Charter Treaty between a European Union member state and an EU investor.
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October 15, 2024
Admin Dismissed For Being Pregnant, Tribunal Says
An employment tribunal has ordered a lifting equipment company to pay its former administrative assistant £21,300 ($27,900) for dismissing her two days after she formally told her employer she was pregnant.
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October 15, 2024
Wyndham Says Vacation Group Awaze Withheld TM Royalties
Hotel chain operator Wyndham has told a London court that a vacation group that it licensed its trademarks to as part of the purchase of Wyndham's European holiday rentals business cannot unilaterally reduce its royalty payments following an internal reorganization.
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October 15, 2024
Aircraft Lessor Sues Qatar Airways For $93M Airbus Payments
An Irish aircraft leasing company has sued Qatar Airways Group for more than $93 million, saying the airline has stopped paying it rent for two Airbus planes.
Expert Analysis
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Opinion
PACCAR Should Be 1st Step To Regulating Litigation Funders
Rather than reversing the U.K. Supreme Court's well-reasoned judgment in PACCAR v. Competition Appeal Tribunal, imposing a regulatory regime on litigation funders in parity with that of lawyers, legislators should build upon it to create a more transparent, competitive and fairer funding industry, says Rosa Curling at Foxglove.
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Patent Plausibility Uncertainty Persists, EPO Petition Shows
While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.
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In Int'l Arbitration Agreements, Be Clear About Governing Law
A trilogy of recent cases in the English High Court and Court of Appeal highlight the importance of parties agreeing to explicit choice of law language at the outset of an arbitration agreement in order to avoid costly legal skirmishes down the road, say lawyers at Faegre Drinker.
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Risks The Judiciary Needs To Be Aware Of When Using AI
Recently published judiciary service guidance aims to temper reliance on AI by court staff in their work, and with ever-increasing and evolving technology, such tools should be used for supplementary assistance rather than as a replacement for already existing judicial research tools, says Philip Sewell at Shepherd & Wedderburn.
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Post Office Scandal Stresses Key Directors Duties Lessons
The Post Office scandal, involving hundreds of wrongful convictions of subpostmasters based on an IT failure, offers lessons for company directors on the magnitude of the impact that a failure to fulfill their duties can have on employees and the company, says Simon Goldberg at Simons Muirhead.
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Employer Tips For Handling Data Subject Access Requests
As employers face numerous employee data-subject access requests — and the attendant risks of complaints to the Information Commissioner's Office — issues such as managing deadlines and sifting through data make compliance more difficult, highlighting the importance of efficient internal processes and clear communication when responding to a request, say Gwynneth Tan and Amy Leech at Shoosmiths.
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Top Court Hire Car Ruling Affects 3rd-Party Negligence Cases
The U.K. Supreme Court's recent decision in Armstead v. Royal & Sun Alliance, finding that an insurer was responsible for lost car rental income after an accident, has significant implications for arguing economic loss and determining burden of proof in third-party negligence cases that trigger contractual liabilities, say lawyers at Macfarlanes.
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Bribery Class Action Ruling May Revive Bifurcated Processes
The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.
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Ocado Appeal Outcome Will Gauge UPC Transparency
As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.
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The Good, The Bad And The New Of The UK Sanctions Regime
Almost six years after the Sanctions and Money Laundering Act was introduced, the U.K. government has published a strategy paper that outlines its focus points and unveils potential changes to the regime, such as a new humanitarian exception for financial sanctions, highlighting the rapid transformation of the U.K. sanctions landscape, says Josef Rybacki at WilmerHale.
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Unpacking The Building Safety Act's Industry Overhaul
Recent updates to the Building Safety Act introduce a new principal designer role and longer limitation periods for defects claims, ushering in new compliance challenges for construction industry stakeholders to navigate, as well as a need to affirm that their insurance arrangements provide adequate protection, say Zoe Eastell and Zack Gould-Wilson at RPC.
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Prompt Engineering Skills Are Changing The Legal Profession
With a focus on higher-value work as repetitive tasks are delegated to artificial intelligence, legal roles are set to become more inspiring, and lawyers need not fear the rising demand for prompt engineers that is altering the technology-enabled legal environment, say Eric Crawley, Shah Karim and Paul O’Hagan at Epiq Legal.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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4 Legal Privilege Lessons From Dechert Disclosure Ruling
The Court of Appeal's recent decision in Al Sadeq v. Dechert LLP, finding that evidence may have been incorrectly withheld, provides welcome clarification of the scope of legal professional privilege, including the application of the iniquity exception, says Tim Knight at Travers Smith.