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Commercial Litigation UK
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September 16, 2024
John Lewis Fired COVID-Vulnerable Chef Fairly, Panel Rules
A disability discrimination claim brought by a chef against a major U.K. department store chain has failed after an English employment tribunal panel ruled that he had been fairly fired after going on sick leave for nine months.
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September 16, 2024
NHS To Pay £87K To Clinician Who Quit Due To Low Funding
A National Health Service trust has agreed to pay more than £87,000 ($114,800) to a psychologist who won her claim that she was forced to quit her job because of a lack of funding and resources for her mental health unit.
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September 16, 2024
Solicitor Barred Over Scheme That 'Bore Hallmarks' Of Fraud
A solicitor has been suspended for 12 months after he admitted to being involved in transactions that "bore hallmarks" of a suspected fraudulent scheme to scam companies by charging advance fees for loan deals that did not materialize.
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September 16, 2024
Lawyer Fined For Claiming Mishcon Represented Pinochet
A high-profile criminal defense lawyer has been fined £6,500 ($8,600) by a disciplinary tribunal for making misleading statements about Mishcon de Reya in an antisemitic broadcast on an Iranian state-owned documentary channel.
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September 16, 2024
Burford Capital Adds Chief Development Role In London
Burford Capital LLC said Monday that it has appointed a legal finance specialist to the newly created role of chief development officer as part of ongoing efforts to expand the legal funder's business in the U.K., the U.S. and beyond.
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September 16, 2024
Apple App Developers Bid To Go Ahead In £785M Class Action
A lawyer for a consumer advocate told Britain's antitrust tribunal on Monday that a proposed £785 million ($1 billion) claim by app developers against Apple over payments for commission should be allowed to go ahead as a class action.
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September 16, 2024
Market Researcher Denies Infringement In 'HarrisX' TM Fight
Market researcher Stagwell has hit back against a claim from Toluna Holdings Ltd., denying allegations that it had infringed its competitor's copyright by using the word "Harris" in its logo and hitting back in a counterclaiming accusing Toluna of bringing the case in bad faith.
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September 16, 2024
Titanic Shipbuilder Sinks Under Weight Of Debt
Struggling shipbuilder Harland & Wolff said Monday that it plans to enter into administration and remove its shares from the London Stock Exchange after failing to win a £200 million ($264 million) government loan to help offset money owed to creditors.
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September 16, 2024
Law Firm Director Dishonestly Misled Insurer, SRA Says
The solicitors' watchdog told a disciplinary tribunal on Monday that a law firm director had dishonestly concealed the fact that his company had acquired another firm's work and staff after his insurer declined to offer cover for the change.
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September 16, 2024
Tribunal Tosses Asda Workers' Claim For Extra Holiday Pay
A group of Asda employees have lost their bid for extra holiday pay as an employment tribunal ruled in favor of the supermarket chain, finding that it had the right under its agreement with the union to determine which days count as national holidays.
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September 16, 2024
Germophobic Civil Servant Wins Work-From-Home Claim
A civil servant has won his claim that a refusal by his employer to allow him to work from home full-time discriminated against him as a germophobe.
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September 16, 2024
Football Referees Can Be Employees, Top UK Court Rules
Referees for English football games can legally be considered employees, obliging the company they work for to deduct taxes from their pay, the U.K.'s highest court ruled Monday.
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September 13, 2024
Kennedys Hires Cyber, AI Pro From Addleshaw In London
Kennedys Law LLP has recruited a data protection, cybersecurity and artificial intelligence specialist from Addleshaw Goddard LLP as a partner in London, with the new arrival saying Friday she made the switch to take advantage of the firm's global reach.
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September 13, 2024
Property Developer Claims To Be Target Of Legal 'Vendetta'
The director of a defunct property developer has hit back against a claim that accuses him of breaching his duties to the company, as he argued that the "vexatious" case was brought as part of a "vendetta" by his former co-directors.
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September 13, 2024
4 UK Employment Law Developments To Watch In 2024
A bill expected to bring in new rights for workers and unions is the main event in U.K. employment law in what's left of 2024 — but lawyers say that an upcoming law change on sexual harassment and major disputes could also shape employers' practices. Here, Law360 looks at what to keep an eye on for the rest of 2024.
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September 13, 2024
Lawyers To Face Tribunal Over Allegations Of Asylum Lies
Two more solicitors must face a London disciplinary tribunal over allegations they advised clients to provide fake stories in their asylum claims following an undercover Daily Mail investigation into bogus asylum applications.
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September 13, 2024
Transport Giants Bid To Ax $14B 'Guilt By Association' Claim
Emirati logistics giant DP World and a major Russian transport company urged a London judge Friday to stop or trim the $14 billion claim against them from an imprisoned Russian oligarch, as they argued that he was making "guilt by association" allegations.
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September 13, 2024
Sky Can't Force Ofcom To Revisit End-Of-Contract Decision
Sky UK lost its attempt on Friday to force Ofcom to reconsider whether the media company broke consumer protection rules, even though Britain's competition tribunal has found that the telecommunications regulator had made mistakes in its original decision.
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September 13, 2024
Energy Biz Wants To Claw Back £3.8M From Waste Plant Deal
An energy business has sued the directors of a waste management company that it acquired for almost £40 million ($52 million), alleging that it overpaid for shares in the business because of a mistake that overstated the capacity and output of a food waste processing plant.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 13, 2024
NHS Scotland Sues Accord, Allergan Over Drug Pricing
Scotland has sued Actavis and Allergan to recover the additional money they allegedly charged for hydrocortisone tablets used to treat a rare autoimmune disorder, the specialist antitrust tribunal said Friday after an appeals court reinstated price-fixing fines against the drugmakers.
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September 13, 2024
Hardware Seller Is Withholding $10M In Fees, Tech Co. Says
A technology company has claimed it introduced a Canadian hardware seller to confidential contacts looking to buy graphics processors, and the seller secured sales from them, but is now withholding around $10.5 million in referral fees.
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September 13, 2024
Carer Accused Of Fraud Wins £26K Over Forced Resignation
A carer whose employer accused her of falsely filling in her timesheets has won more than £26,000 ($34,000) as a tribunal found that her boss refused to retract the allegations despite agreeing to extend her hours to cover travel time.
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September 13, 2024
EasyGroup Claims 'EasyCargo' TM Threatens Its Brand
EasyGroup has sued a courier price comparison website over its use of trademark "EasyCargo," as the owner of no-frills airline easyJet alleged that this threatens its family of "easy" TMs in its ongoing battle against what it calls "brand thieves."
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September 13, 2024
Shell Companies Shuttered By Court For £1.6M COVID Fraud
The High Court has shut down two connected companies that fraudulently received £1.6 million ($2.1 million) in COVID-19 support loans, a U.K. government agency said Friday.
Expert Analysis
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ECHR Ruling May Pave Path For A UK Climate Damage Tort
In light of case law on the interaction between human rights law and common law, the European Court of Human Rights' recent ruling in KlimaSeniorinnen v. Switzerland, finding the country at fault for failures to tackle global warming, could tip the scales toward extending English tort law to cover climate change-related losses, say lawyers at Cleary.
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Disciplinary Ruling Has Lessons For Lawyers On Social Media
A recent Solicitors Disciplinary Tribunal judgment against a solicitor for online posts deemed antisemitic and offensive highlights the serious sanctions that can stem from conduct on social media and the importance of law firms' efforts to ensure that their employees behave properly, say Liz Pearson and Andrew Pavlovic at CM Murray.
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The Art Of Corporate Apologies: Crafting An Effective Strategy
Public relations challenges often stop companies from apologizing amid alleged wrongdoing, but a recent U.K. government consultation seeks to make this easier, highlighting the importance of corporate apologies and measures to help companies balance the benefits against the potential legal ramifications, says Dina Hudson at Byfield Consultancy.
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What UK Supreme Court Strike Ruling Means For Employers
Although the U.K. Supreme Court recently declared in Mercer v. Secretary of State that part of a trade union rule and employees' human rights were incompatible, the decision will presumably not affect employer engagement with collective bargaining, as most companies are already unlikely to rely on the rule as part of their broader industrial relations strategy, say lawyers at Baker McKenzie.
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Taking Stock Of The Latest Criminal Court Case Statistics
The latest quarterly statistics on the type and volume of cases processed through the criminal court illustrate the severity of the case backlog, highlighting the need for urgent and effective investment in the system, say Ernest Aduwa and Jessica Sarwat at Stokoe Partnership.
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Hugh Grant Case Raises Questions About Part 36 Offers
Actor Hugh Grant's recent decision to settle his privacy suit by accepting a so-called Part 36 offer from News Group — to avoid paying a larger sum in legal costs by proceeding to trial — illustrates how this legal mechanism can be used by parties to force settlements, raising questions about its tactical use and fairness, says Colin Campbell at Kain Knight.
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Accounting For Climate Change In Flexible Working Requests
Although the U.K. government's recent updates to the country's flexible working laws failed to include climate change as a factor for evaluating remote work requests, employers are not prohibited from considering the environmental benefits — or drawbacks — of an employee's request to work remotely, say Jonathan Carr and Gemma Taylor at Lewis Silkin.
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Opinion
New Property Category Not Needed To Regulate Digital Assets
The U.K. Law Commission's exploration of whether to create a third category of property for digital assets is derived from a misreading of historical case law, and would not be helpful in resolving any questions surrounding digital assets, says Duncan Sheehan at the University of Leeds.
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Employer Lessons From Red Bull's Misconduct Investigation
Red Bull’s recent handling of a high-profile investigation into team principal Christian Horner’s alleged misconduct toward a colleague serves as a reminder of the importance of thorough internal grievance and disciplinary processes, and offers lessons for employers hoping to minimize media attention, say Charlotte Smith and Adam Melling at Walker Morris.
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Breaking Down The EPO's Revised Practice Guidelines
The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.
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Pharma Remains A Key Focus Of EU Antitrust Enforcement
The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.
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Employment Tribunal Fee Proposal Raises Potential Issues
The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.
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ECHR Climate Rulings Hint At Direction Of Future Cases
Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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What UK Energy Charter Treaty Exit Would Mean For Investors
While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.
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What To Know About The Russia-Stranded Plane Ruling
The High Court's recent decision in Zephyrus Capital Aviation v. Fidelis Underwriting, rejecting reinsurers' U.K. jurisdiction challenges in claims over stranded planes in Russia, has broad implications for cross-border litigation involving exclusive jurisdiction clauses, says Samantha Zaozirny at Browne Jacobson.