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Commercial Litigation UK
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September 10, 2024
Ex-Barclays VP Loses Bid To Retry Lost Promotion Claim
An attempt by a former Barclays vice president to revive her claim that she faced racial discrimination during a promotion round has failed, as an employment tribunal ruled that she was merely trying to "have another bite at the cherry."
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September 10, 2024
Bolt Drivers Gear Up For Group Claim Over Workers' Rights
More than 12,500 Bolt drivers will argue at an employment tribunal on Wednesday that they deserve worker status, as the ride-hailing app becomes the latest company to face group action from gig economy workers fighting for better pay conditions.
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September 10, 2024
Apple Illegally Obtained €13B In State Aid, Top EU Court Rules
The European Union's highest court ruled on Tuesday that Ireland illegally granted Apple state aid in past tax rulings, requiring the U.S. technology giant to repay €13 billion ($14.3 billion) in back taxes as well as interest.
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September 10, 2024
Top EU Court Upholds €2.4B Google Shopping Fine
The European Court of Justice rejected an appeal from Google on Tuesday challenging a €2.4 billion ($2.7 billion) fine for steering users toward its own comparison shopping service, as the tech giant faces mounting pressure from antitrust enforcers at home and abroad.
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September 09, 2024
Spain Hit With $18B Claim Over Massive Malaysia Award
Spain is facing an $18 billion claim asserted by a group of Filipinos who accuse the country of stymying their efforts to enforce a $14.9 billion arbitral award against Malaysia, which they won following a land use dispute over a portion of territory along the northern coast of Borneo.
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September 09, 2024
Lucasfilm Can't Avoid Trial Over CGI Cushing In 'Rogue One'
Lucasfilm lost its appeal Monday in its attempt to avoid a trial over a London film company's claim that the entertainment giant had unlawfully benefited from a CGI depiction of the late actor Peter Cushing in a "Star Wars" film it didn't have the right to make.
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September 09, 2024
Asda Faces 60,000 Claims In Largest-Ever Equal Pay Case
A group of retail workers for the Asda supermarket chain urged a tribunal Monday to find that their work is of equal value to warehouse employees, in the opening of the U.K.'s largest-ever private sector equal pay claim.
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September 09, 2024
Broker Denies Botching Cover In £1.3M Parsley Payment Row
An insurance broker has said it is not liable for nearly £1.3 million ($1.7 million) claimed by an herbs and spice producer for allegedly organizing inadequate cover that the business said left it short after a fire broke out at its facility.
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September 09, 2024
Borough Must Pay £4.5M To Director With Grenfell Fire PTSD
An employment tribunal has ordered a London borough to pay £4.5 million ($5.9 million) for harassing and discriminating against a director who suffered secondary post-traumatic stress disorder from work linked to the Grenfell Tower fire.
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September 09, 2024
Millicom Denies Ignoring Staffer's Assassination Plot Claim
Millicom denied claims at a London employment tribunal on Monday that it took no action on allegations that its Tanzanian subsidiary illegally gave the country's government a political opponent's mobile phone location data before a suspected assassination attempt.
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September 09, 2024
Delivery Co. Must Pay £46K To Fire Safety Whistleblower
A former senior manager at a delivery company has won £46,100 ($60,300) after a tribunal ruled that his employer pushed him to quit by failing to probe his fire safety concerns over the rechargeable batteries on courier bikes.
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September 06, 2024
Apple Wins Sex Bias Case Over Remote Work Refusal
Apple defeated claims that it discriminated against a female Spanish employee by ordering her to return to her London-based role as part of a post-pandemic policy, an employment tribunal has ruled.
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September 13, 2024
WilmerHale, Hanotiau Duo Launch New Arbitration Boutique
Two international arbitrators from WilmerHale and Hanotiau & van den Berg have left their previous firms after near-20-year stints to set up their own boutique practice.
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September 06, 2024
Talent Agent Denies 'Luring' Clients With Online Model's TM
A U.K.-based talent manager has denied allegations that he used the trademark of a rival's Instagram model as fake bait to lure others into signing management contracts.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Disabled Police Officer Wins Harassment Case
An employment tribunal has ruled that the Lancashire police force discriminated against an officer with post-traumatic stress disorder and failed to support her remote work requests when her commute increased by nearly two hours.
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September 06, 2024
Magnate Can't Stop Sale Of Airline Shares In €50M Dispute
A company with links to aviation magnate German Efromovich on Friday failed to get an order restraining the chairman of Aeroitalia SRL from selling the assets of the budget carrier pending the determination of a €50 million ($55 million) dispute.
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September 06, 2024
Swiss Oil Trader Wins Pause Of Wholesaler's Abuja Claims
A Swiss oil trader won an interim court order Friday to prevent a Nigerian company from pursuing civil claims in the West African country over an alleged fraudulent scheme to misappropriate its cargo or proceeds arising out of a diesel fuel deal.
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September 06, 2024
Finance Co. Beats Would-Be CEO's Whistleblowing Claim
A U.K. finance company sacked its would-be chief executive because he lacked the experience and skills for the role — not because he had flagged alleged compliance breaches, a tribunal has ruled.
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September 06, 2024
Imam Sues Over 'Liar' Comment After Arena Bombing Inquiry
A former imam at a mosque attended by the Manchester Arena bomber has sued the place of worship and one of its trustees for defamation, alleging that the official called him "a liar" over his evidence to an inquiry into the terror attack.
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September 06, 2024
CMA Wins Bid To Revive £100M Pharma Cartel Fine
A London appeals court has upheld more than £100 million ($130 million) in fines against a group of pharmaceutical companies over an alleged price-fixing cartel, finding on Friday that the Competition and Markets Authority had properly argued its case.
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September 06, 2024
UK Insurers Could Face New Wave Of Biz Interruption Claims
Insurers in Britain could be on the hook for hundreds of millions of pounds in additional business interruption claims after a landmark court ruling on "at the premises" clauses, as the long-running insurance dispute from the COVID-19 pandemic enters its endgame.
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September 06, 2024
English Nationalist Loses Appeal For Protection Of His Views
English nationalism is not a legally protected philosophical belief, the Employment Appeal Tribunal has ruled in a claim by a health worker — the latest in a string of cases that seek a legal shield for controversial, non-religious worldviews.
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September 06, 2024
Frame Makers Sue Photo Printers Over Nail-Free Patent
The owners of a nail-free picture frame patent have accused a photo-printing company of infringing the rights to their invention by selling a near-identical picture frame that uses sticky strips instead of hooks.
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September 06, 2024
Ex-Akin Lawyer Can't Sue Wikipedia For Defamation In UK
A London court prevented a former Akin lawyer on Friday from suing the organizer of Wikipedia for libel, ruling that England is not the right forum for the claim because it turns on his criminal conviction in Switzerland.
Expert Analysis
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Decoding UK Case Law On Anti-Suit Injunctions
The English High Court's forthcoming decision on an anti-suit injunction filed in Augusta Energy v. Top Oil last month will provide useful guidance on application grounds for practitioners, but, pending that ruling, other recent decisions offer key considerations when making or resisting claims when there is an exclusive jurisdiction clause in the contract, says Abigail Healey at Quillon Law.
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Litigation Funding Implications Amid Post-PACCAR Disputes
An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.
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EU Product Liability Reforms Represent A Major Shakeup
The recent EU Parliament and Council provisional agreement on a new product liability regime in Europe revises the existing strict liability rules for the first time in 40 years by easing the burden of proof to demonstrate that a product is defective, a hurdle that many had previously failed to overcome, say Anushi Amin and Edward Turtle at Cooley.
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Building Safety Ruling Offers Clarity On Remediation Orders
The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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EU Report Is A Valuable Guide For Data Controllers
The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Employers Can 'Waive' Goodbye To Unknown Future Claims
The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.
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AI Inventorship Patent Options After UK Supreme Court Ruling
The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.
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Ruling Elucidates Tensions In Assessing Employee Disability
An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.
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What Extending Corporate Liability Will Mean For Foreign Cos.
Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.