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Commercial Litigation UK
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September 03, 2024
Human Rights Org. Prepares Bid To Block Israel Arms Sales
Palestinian human rights organization Al-Haq and the U.K. government's Department for Business and Trade battled over disclosure in a London court Tuesday, after the NGO said it was preparing to force all licenses for arms exports to Israel to be suspended.
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September 10, 2024
Eversheds Adds Ex-Quinn Emanuel Competition Co-Head
Eversheds Sutherland has hired a former co-head of Quinn Emanuel Urquhart & Sullivan LLP's competition practice in the U.K. as one of two senior hires in London to boost its global disputes practice.
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September 03, 2024
Court Officer Disciplined Over Absence Record Wins £28K
The U.K. justice secretary must pay an administrative officer £27,500 ($36,000) after it disciplined her for an absence that was linked to her chronic pain condition, a tribunal has ruled.
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September 03, 2024
Tech Co. Accused Of Defrauding 'Plasma Reactor' Investor
A Chinese businessman and his company have sued a U.K. technology company claiming they were defrauded of nearly £2.9 million ($3.8 million) by the firm and its directors after being led under false pretenses into investing in the development of a so-called "plasma reactor."
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September 03, 2024
Lawyer Accused Of Misleading Over Costs Fights To Ax Case
A solicitor accused of misleading a client over his costs asked a tribunal on Tuesday to strike out the case against him, claiming that the Solicitors Regulation Authority had waited too long to bring the case.
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September 03, 2024
Bahamian Bank Hit With $15M Claim Over Loan Deal Breach
The director of a U.S. biotech company has filed a $15 million legal claim against a Bahamian bank, as he accused it of improperly terminating a $3 million loan agreement because of several defaults.
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September 03, 2024
Pay To Play: The 2-Tier Legal Route For Crypto-Fraud Victims
More people are falling victim to cryptocurrency scams, but their options for recovering money are few and expensive, which creates a two-tier approach — one for those who have the means to pay lawyers and consultants and another for those who don't.
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September 03, 2024
EU Wrong To Probe Illumina's $8B Grail Deal, Top Court Says
Europe's highest court said Tuesday that the European Commission had no authority to investigate Illumina's $8 billion acquisition of cancer detection company Grail and unwind the deal, as it delivered a blow to the bloc's merger control powers.
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September 03, 2024
Port Operator Disputes $2M Claim For Unpaid Fees
English port operator Freetown Terminal Holding has denied that it owes a Swiss consultancy $2 million in unpaid fees tied to shareholders' dividends, saying that their agreement had been terminated before the payouts were made.
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September 02, 2024
SFO Can't Challenge Liability For ENRC Probe
An English appellate court refused on Monday to allow the Serious Fraud Office to challenge findings that its former officials encouraged a former Dechert LLP partner to divulge confidential details about an internal investigation into a mining company.
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September 02, 2024
Bus Driver Loses Sex Bias Claim Over Flexible Working
A bus driver has lost her claim that accused her former employer of sex discrimination, as a tribunal found the bus company did not need to place the single mother on furlough while she looked for childcare for her son.
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September 02, 2024
Greensill, Gupta Deny Conspiracy In Zurich Insurance Row
Financier Lex Greensill and steel magnate Sanjeev Gupta have denied conspiring to deceive underwriters at insurance giant Zurich over allegedly fake debts, amid a $400 million court battle in London over trade credit insurance.
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September 02, 2024
Manolete Wins Nearly £1M Over Director's Breach Of Duties
An insolvency litigation financing company has secured a victory worth £918,590 ($1.2 million) against the former director of Just Recruit Group Ltd. after a court found that he had breached his duties during the financial collapse of the business.
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September 02, 2024
Female Car Dealership Employee Revives Sex Bias Case
A former employee of a car dealership has revived her claim that she was unfairly sacked because she was a woman after she used a cloned police fuel card, as an appeals tribunal ruled that a judge had failed to properly consider her case.
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September 02, 2024
Tribunal Backs FCA In Denying Ashraf Wealth Management
A London Tribunal upheld on Monday the Financial Conduct Authority's decision to deny authorization to Ashraf Wealth Management Ltd., after the regulator concluded its founder should not carry out regulated activities unsupervised.
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September 02, 2024
Judge Criticizes Motives Behind £319M Flight Delay Claim
A High Court judge has criticized the financial motive behind a proposed £319 million ($394 million) claim filed on behalf of delayed British Airways and EasyJet passengers, dismissing the case on Monday saying there was no "shared interest" between the travelers.
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September 02, 2024
'Vigilante' Lawyer Sent Threatening COVID Letters, SRA Says
A "vigilante" solicitor sent hundreds of threats of legal action to schools in an attempt to stop them implementing measures against the COVID-19 pandemic, the Solicitors Regulation Authority said on Monday.
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September 02, 2024
HP Will Pursue $4B Mike Lynch Fraud Case 'To Conclusion'
Hewlett Packard confirmed on Monday that it will take its claim for $4 billion against Mike Lynch "to its conclusion" after the death of the entrepreneur, as the technology giant weighs the risks of attempting to recover damages from his family.
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September 02, 2024
IP Firm Can't Quash Negligence Case Over Settlement Advice
An intellectual property law firm cannot escape a negligence case brought on behalf of a former client, even though the claim is invalid in its current form, a London court has ruled.
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September 02, 2024
Microsoft To Face UK Class Action Over License Pricing
Microsoft is set to face a multibillion-pound class action case brought by a former U.K. prosecutor over allegations that the tech giant illegally inflated the prices of software licenses, lawyers who plan to represent consumers said on Monday.
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August 30, 2024
Art School Used Restructure To Force Out Diversity Officer
A diversity officer at an art college in London has won her claim of unfair dismissal after an employment tribunal found she was sacked following her accusation that the university failed to adequately investigate allegations of racism.
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August 30, 2024
Ex-Housing CEO Loses Interim Pay Bid In Whistleblowing Case
A former retirement property management company chief has lost her bid for an interim order for pay on the grounds that she was sacked for whistleblowing, with a tribunal ruling that she was unlikely to eventually win her case.
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August 30, 2024
Couple Accused Of £29B Fraud Forced To Disclose Wealth
A Chinese couple could be forced to divulge how they built a multimillion-pound property business in the U.K. after a London judge ruled Friday that investigators had reason to suspect their money came from an alleged £29 billion ($38 billion) banking fraud.
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August 30, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen television property developer Kambiz Babaee hit with a fraud claim, a Bitcoin podcaster reignite a dispute with Australian computer scientist Craig Wright and football club owner Massimo Cellino's company file a claim against ClearBank. Here, Law360 looks at these and other new claims in the U.K.
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August 30, 2024
The Biggest UK Trademark Rulings Of 2024 So Far
Intellectual property lawyers have already received two major decisions from the U.K.'s top court in notable trademark claims in 2024. But guidance from lower courts has also proven crucial in these cases. Here, Law360 looks at some of the biggest trademark rulings in the U.K. so far this year.
Expert Analysis
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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.
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9 Takeaways From The UPC's First 6 Months In Session
Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.
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How Boards Can Mitigate Privacy, Cybersecurity And AI Risks
In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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The Outlook For UK Restructuring Plans At Home And Abroad
The U.K. continues to be a center for large-cap, cross-border restructurings, though its competitive edge over the EU in this regard may narrow, while small and medium-sized enterprises are already likely to avoid costly formal processes by reaching out to their secured lenders for restructuring solutions, say Paul Keddie and Timothy Bromley-White at Macfarlanes.
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Foreign Assets Ruling Suggests New Tax Avoidance Approach
The U.K. Supreme Court's recent ruling in His Majesty's Revenue & Customs v. Fisher, which found that the scope of the transfer of foreign assets is narrow, highlights that the days of rampant tax avoidance have been left behind, and that the need for wide-ranging and uncertain tax legislation is lessening, says James Austen at Collyer Bristow.
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Class Action-Style Claims Are On The Horizon In 2024
Following the implementation of an EU directive enabling consumers to bring actions for collective redress, 2024 will likely see the first serious swathe of class action-style cases in Europe, particularly in areas such as cyber exposures, ESG and product liability, says Henning Schaloske at Clyde & Co.
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Cos. Must Monitor Sanctions Regime As Law Remains Unclear
While recent U.K. government guidance and an English High Court's decision in Litasco v. Der Mond Oil, finding that a company is sanctioned when a designated individual is exercising control over it, both address sanctions control issues, disarray in the law remains, highlighting that practitioners should keep reviewing their exposure to the sanctions regime, say lawyers at K&L Gates.
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The Top 7 Global ESG Litigation Trends In 2023
To date, ESG litigation across the world can largely be divided into seven forms, but these patterns will continue developing, including a rise in cases against private and state actors, a more complex regulatory environment affecting multinational companies, and an increase in nongovernmental organization activity, say Sophie Lamb and Aleksandra Dulska at Latham.
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Proposed Amendment Would Transform UK Collective Actions
If the recently proposed amendment to the Digital Markets Bill is enacted, the U.K.'s collective action landscape will undergo a seismic change that will likely have significant consequences for consumer-facing businesses, say lawyers at Linklaters.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.