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Commercial Litigation UK
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October 21, 2024
Former Unite Official Loses Tribunal Claim Amid Fraud Probe
A tribunal has concluded that a former legal chief at Unite the Union did not face a "baseless" disciplinary investigation in connection with a police raid over a £112 million ($145 million) construction project that has since been referred to the Serious Fraud Office.
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October 21, 2024
Howard Kennedy LLP Ex-Partner Can't Claim £176K
An employment tribunal has dismissed a former partner's claims that Howard Kennedy LLP owed him £176,725 ($230,238) in unpaid wages because he wasn't entitled to employment law protections.
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October 21, 2024
Campaigners To Submit Whistleblowing Protections Bill
Campaigners announced plans Monday to submit a new bill before Parliament that would establish a new government office to crack down on retaliation against whistleblowers who reveal fraud, corruption and misconduct.
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October 21, 2024
D&G Wins Case Against Firms Over Fraudulent Cold Calls
A London court ruled Monday that a string of companies pretended to be associated with Domestic & General during cold calls to lure away its customers and steal business from the insurance and warranties giant.
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October 28, 2024
Commercial Barrister Joins Monckton From 2 Temple Gardens
Monckton Chambers has recruited a new barrister from 2 Temple Gardens in a move that adds expertise to its ranks across a broad range of arbitration and commercial matters.
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October 21, 2024
Insurance Broker Hit With £2M Negligence Case After Thefts
A British pipe seal and gasket manufacturer has sued its insurance broker for almost £2 million ($2.6 million), claiming that the broker negligently failed to arrange insurance for tools that were later stolen from shipping containers.
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October 21, 2024
Startup Funder Wants Co-Founder To Pay £7.1M In Fraud Case
A Paris-based startup funder asked a London court on Monday to order one of its co-founders to pay £7.1 million ($9.2 million) after his defense to allegations of "substantial and wide-ranging fraud" was struck out over failures to comply with court orders.
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October 21, 2024
Billionaire Fights PE Giant Over Software Co. Stakes
An Irish venture capitalist has accused a unit of a major private equity firm of stopping him from forcing it out of its stake in a major management software company to make him buy them out at a premium, in documents disclosed at a London court hearing.
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October 21, 2024
Lynton Crosby Consultancy Linked To Alleged Doc. Forgery
The strategic counsel and business intelligence branch of CT Group is the source of a forged report that allegedly suggested that Russian industrialist Oleg Deripaska misled arbitrators during a dispute with a former business partner, the consultancy told Law360 Monday.
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October 21, 2024
Exec Proves Co-Director Harassed Her For Blocking Advances
A recruitment company director harassed a fellow executive by pushing her out of the business after she rejected his sexual advances following a pub crawl, a tribunal has ruled.
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October 21, 2024
BHP Accused Of 'Cynically' Dodging Liability In £36B Trial
BHP was accused Monday of "cynically and doggedly" trying to avoid responsibilities to more than 600,000 Brazilians following the country's worst environmental disaster at the start of a £36 billion ($47 billion) High Court trial.
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October 21, 2024
Medic Wins £6K Over Manager's Offer To Get Her Pregnant
An ambulance medic whose manager asked her if she wanted help getting pregnant has won £6,000 ($7808) in her discrimination claim after a tribunal found her employer failed to take her allegations seriously.
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October 21, 2024
BHP Nears $30B Brazilian Dam Settlement As UK Trial Opens
BHP has said it is edging toward a 170 Brazilian real ($30 billion) settlement with Brazilian authorities over a dam collapse that triggered the Latin American country's worst environmental disaster as the miner is due to face a parallel London trial beginning on Monday.
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October 18, 2024
Apple To Face £785M Class Action From UK App Developers
Britain's antitrust tribunal ruled Friday that U.K. app developers could join together to bring a £785 million ($1 billion) class action against Apple over "excessive" app store fees after the claimants provided a "blueprint" to trial.
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October 18, 2024
Solicitor Must Pay For Suing Barrister Repping Ex-Firm
An employment tribunal ordered a solicitor to pay £3,000 ($3,914) to cover costs that his old law firm and its barrister incurred while fighting claims of victimization that the court had no jurisdiction to hear.
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October 18, 2024
Ofsted Unfairly Fired Inspector For Touching Child's Head
England's education and childcare regulator unfairly dismissed one of its inspectors for brushing rain from a student's forehead, a London appeals court has ruled.
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October 18, 2024
Post Office GC Says Legal Strategy Flawed By Group Think
The Post Office's top lawyer told the inquiry into the Horizon accounting scandal on Friday that the organization's approach to litigation with wrongly convicted subpostmasters was "flawed" and its legal advisers fell victim to "group think."
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October 18, 2024
Utilities Co. Seeks Compensation For COVID Shutdown
A civil works contractor has claimed that it should get extra time or money that it was denied in order to complete an almost £500,000 ($652,000) gas mains installation that was held up by the COVID-19 pandemic.
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October 18, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.
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October 18, 2024
Teacher Wins £14K For Dismissal Linked To Racism Claims
An employment tribunal ordered a primary school to pay £14,733 ($19,216) to a Black teacher it hurriedly ousted after considering that her accusations of "blackophobia" against senior colleagues broke down their working relationship beyond repair.
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October 18, 2024
Opera Coach Axed After Pronoun Complaints Wins Claim
An opera training organization unfairly fired a conductor in the wake of complaints over the pronouns he used to refer to another artist, a tribunal has ruled.
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October 18, 2024
Osborne Clarke Pro Can't Block Zahawi SLAPP Case Evidence
The Solicitors Regulation Authority can argue that it was not common practice when a partner at Osborne Clarke LLP, who represented Nadhim Zahawi, warned a critic probing the former chancellor's tax affairs not to disclose a defamation threat, a tribunal ruled Friday.
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October 18, 2024
DPD Driver Wins £20K Over Colleagues' Flexible Hours Gossip
A DPD delivery driver has been awarded more than £20,000 ($26,000) after a tribunal found his colleagues gossiped about the flexible hours he worked to allow him to accommodate the birth of his daughter, but ruled that the delivery company did not unfairly dismiss him.
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October 18, 2024
BHP To Face £36B Trial In London Over Brazil Dam Collapse
A highly anticipated trial that will pit some 640,000 Brazilian claimants against mining giant BHP over the collapse of a dam opens in London on Monday and could set in motion a raft of claims against global companies over their environmental records.
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October 18, 2024
5 Questions For Leigh Day's Environment Team
Leigh Day's environment team has spoken to Law360 about their landmark victory at the U.K. Supreme Court, brought on behalf of climate activists fighting fossil fuel production plans across the county, and the implications of the ruling for future environmental litigation.
Expert Analysis
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Sanctions Ruling Opens Door For Enforcer To Clear Up Rules
In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.
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How Gov't Response Addresses Investment Act Concerns
The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.
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UPC Appeal Ruling Clarifies Language Change Framework
In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.
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How Generative AI Can Enhance Disclosure Review Processes
As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.
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Decoding Arbitral Disputes: The Benefits Of Non-EU Venues
In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.
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Experian Ruling Helps Cos. Navigate GDPR Transparency
In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.
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Salvaging The Investor-State Arbitration System's Legitimacy
Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.
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UK Trademark Law May Further Diverge From EU Standards
The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.
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Clarity Is Central Theme In FCA's Greenwashing Guidance
Recent Financial Conduct Authority guidance for complying with the U.K. regulator's anti-greenwashing rule sends an overarching message that sustainability claims must be clear, accurate and capable of being substantiated, say lawyers at Cadwalader.
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How Clinical Trials Affect Patentability In US And Europe
A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.
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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.