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Commercial Litigation UK
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June 06, 2024
Patent Trial Over AstraZeneca Unit Soliris Drug Set For 2025
A London judge Thursday agreed to list a quarrel among three pharmaceutical companies over Alexion's patent for a drug that treats rare blood diseases for trial in early 2025, finding there is "some degree of urgency" to resolve the dispute.
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June 06, 2024
Regeneron Sees Infringement In Rivals' Biosimilar Eye Meds
Regeneron has defended the validity of its U.K. eye medicine patents in a London court amid a feud with a biosimilars specialist and its licensing partner, alleging that their plans to market an alternate version will infringe its exclusive right to produce the drug.
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June 06, 2024
Pharma Co. Should Get Hungarian Rebate, ECJ Adviser Says
Danish pharmaceutical company Novo Nordisk's mandatory payments into the Hungarian health system should reduce the company's tax base for value-added tax payments, an adviser to the European Union's highest court said Thursday.
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June 06, 2024
Stranded Plane Claims Belong In Ukraine, UK Judge Says
A London judge ruled Thursday that a legal battle between insurers and aircraft lessors over planes that have been stranded in Ukraine after Russia's 2022 invasion should be heard in Ukraine rather than England.
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June 06, 2024
Imam Wins £20K From Mosque Over Religious Harassment
A mosque in northern England must pay its former Sunni imam £20,000 ($25,570) after a tribunal ruled members of the place of worship accused him of following the beliefs of a rival branch of Islam, which left him with no choice but to quit.
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June 06, 2024
Artist Claims Royalties For Queen's Holographic Portrait
The artist behind a holographic portrait of the queen has fought allegations of copyright infringement, accusing the arts charity that commissioned him of exhibiting some other works for over a decade without paying him.
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June 06, 2024
Rwanda Plan Forces Civil Servants To Break Law, Union Says
Civil servants will be forced to violate international human rights law and their workplace code of conduct if the government requires them to process deportation flights to Rwanda against Strasbourg's rulings, a trade union argued at a London court on Thursday.
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June 06, 2024
HMRC Harassed Protesting Staffer With Relocation Ultimatum
HM Revenue and Customs harassed an employee based on her race by asking her to withdraw a discrimination grievance in return for making her transfer to a new office permanent, a tribunal has ruled.
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June 06, 2024
Retailers Filing £1B Data Misuse Class Action Against Amazon
Retailers said Thursday they are set to file a £1 billion ($1.3 billion) class action against Amazon in London, accusing it of illegally misusing their data to boost its sales and profits.
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June 06, 2024
Labour Drops Antisemitism Report Leak Claim On Ex-Staffers
The Labour Party dropped on Thursday its legal claims against five former employees who it said conspired to leak a damning report on how its internal disciplinary body mishandled allegations of antisemitism and undermined its leader at the time, Jeremy Corbyn.
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June 05, 2024
Saudi Investor Bids To Revive Legal Costs Claim Against RLS
A Saudi Arabian property investor urged a London judge Wednesday to revive his claim against a law firm to recover the costs of investigating and litigating an alleged £35 million ($44.6 million) fraud by a former property business partner that settled mid-trial.
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June 05, 2024
Binance Fights To Ax Crypto Investors' £9B Delisting Claim
The cryptocurrency exchange Binance asked a U.K. tribunal on Wednesday to strike out a £9 billion ($11.5 billion) claim brought by investors who say the exchange illegally colluded with other trading platforms to delist the Bitcoin Satoshi Vision cryptocurrency.
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June 05, 2024
Swiss Bank Escapes Investor's Unlawful Conspiracy Claim
Lombard Odier has partially succeeded in blocking the claims of an investor who says the private bank withheld inside information about the merits of a British nanotech company's U.S. legal dispute with Samsung to convince him to buy shares in the company just before its price tanked.
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June 05, 2024
Alston & Bird Hires 2 Arbitration Pros In London
Alston & Bird LLP has recruited two specialists in international arbitration from a law firm in Dubai in a move to strengthen its capabilities in commercial and construction disputes as well as investor-state cases.
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June 05, 2024
McDonald's Loses 'Big Mac' TM Rights Over Poultry In EU
A European Union court on Wednesday stripped McDonald's of its right to use the "Big Mac" trademark on chicken sandwiches in the bloc, ruling that the fast food giant had failed to put the sign to proper use on poultry products in recent years.
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June 05, 2024
Slater And Gordon Fight Ex-Analyst's Redundancy Appeal
Slater and Gordon LLP challenged on Wednesday an appeal by a former costs analyst, who claims that he was made redundant because he was mentally unwell and wrongly deprived of most of a £20,000 ($25,500) bonus.
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June 05, 2024
Trafigura Settles Nickel Fraud Suit With Reuben Brothers Co.
Trafigura has settled a London legal claim allegedly linked to a major ongoing nickel fraud scandal, the commodities trader confirmed Wednesday.
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June 05, 2024
Enterprise Can't Drive 'Commute' TM Into EU Market
Vehicle rental company Enterprise cannot register its "Commute With Enterprise" trademark in the European Union because consumers could confuse the sign with a transportation tech company's "Qommute" sign, a court in the bloc ruled Wednesday.
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June 05, 2024
Carer Wins £41K After Losing Job Over Racism Complaints
A care worker has won £40,700 ($52,000) in damages after convincing a tribunal that his employer unfairly fired him following a complaint that bosses treated ethnic minorities less favorably in the workplace.
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June 05, 2024
Google Must Face £14B Class Action Over Advertising
Google must face a £13.6 billion ($17.4 billion) class action brought on behalf of website publishers which run advertisements over alleged anticompetitive practices, Britain's antitrust tribunal said Wednesday.
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June 04, 2024
Russian Bank Threatens Ukraine With Expropriation Claim
A Russian bank that operates mainly on the Crimean Peninsula on Monday began the process of filing an arbitration claim against Ukraine, accusing the smaller country of sending it into financial ruin by allegedly nationalizing its assets.
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June 04, 2024
HP Fraud Charges Against Ex-Autonomy Execs Head To Jury
Closing arguments wrapped Tuesday in a California federal criminal trial over claims that former Autonomy CEO Michael Lynch and ex-finance vice president Stephen Chamberlain duped HP into overpaying billions for the British tech company, with Chamberlain's lawyer saying his client did his job "in good faith," which, in the court's eyes, is a "complete defense."
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June 04, 2024
Unsexy Cases Face Litigation Funding Gap, UK Judge Says
A judge formerly in charge of the U.K.'s Commercial Court told a conference in London on Tuesday that the growth of third-party funding could preclude claims that cannot be "commoditized" from being litigated.
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June 04, 2024
Art Dealer Can't Block Qatari Sheikh's $3M Forgery Claim
A London judge on Tuesday refused to strike out a claim brought by a Qatari sheikh and his investment fund that a Swiss antiques dealer falsified the provenance of a $3 million marble head of Alexander the Great, ruling it is not abusive relitigation.
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June 04, 2024
Tech Co. Denies Responsibility For £46M Plant Explosion
A technology provider has told a food company it does not owe it £46.1 million ($58.8 million) after a machine that had been upgraded blew up, saying that its client should have known the risk of an explosion was not zero.
Expert Analysis
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How Conflict Management Can Prevent Arbitration Disputes
Recent International Chamber of Commerce guidance highlights that thinking beyond traditional arbitration and litigation can deliver huge benefits for businesses, which should be proactive in utilizing mediation, evaluations and expert determinations to expedite resolution and reduce costs, says Jennifer Haywood at Serle Court.
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Loot Box Regulation In Europe Could Benefit From Reform
In light of recent court rulings concerning video game loot boxes, authorities across Europe are taking increasing note of this mechanism, yet with a coordinated approach, appropriate regulations and a focus on enforcement, there is no need to issue a ban, say Elia Kim and Hazal Kirci at Simmons & Simmons.
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Rare UK Ruling Offers Clarity On Business-To-Consumer Arb.
In an unusual ruling, the High Court recently refused to enforce a foreign-seated arbitration award in Payward v. Chechetkin — as doing so would be contrary to public policy — which is an important reminder for businesses to tailor dispute resolution provisions to the needs of specific consumers, say Charlie Morgan and Elizabeth Kantor at Herbert Smith.
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Why Workplace Menstruation And Menopause Support Matters
The British Standards Institution's recent workplace standard on menstruation, menstrual health and menopause marks a new chapter in combating age- and gender-based employment inequalities, and employers play a huge role in facilitating inclusive workplaces to attract, retain and support women of all ages, says Kathleen Riach at Glasgow University.
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Pension Trustee Case Could Lead To Fossil Fuels Divestment
While the recent Court of Appeal case McGaughey v. Universities Superannuation Scheme attempts to link fossil fuel investment by trustees to significant risk of financial detriment, it is concerning that two out of 470,000 scheme members could be permitted to bring a claim without ensuring that other members are represented, says Anna Metadjer at Kingsley Napley.
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Outbound Screening May Be Next EU Investment Control Step
Following the European Commission’s recent commitment to reduce dependence on third countries by developing an outbound investment review mechanism, it will be interesting to see whether member states will take a united stand or whether national security interests will trump such an approach, say Christoph Barth and Neil Hoolihan at Linklaters.
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Barclays Ruling Narrows Banks' Fraud Recovery Duty
The U.K. Supreme Court's recent ruling in Philipp v. Barclays decided against the so-called Quincecare duty's application in authorized push payment fraud, shining light on how banks should balance their responsibility to follow customers' instructions against making reasonable inquiries, say lawyers at Ontier.
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EU Decision Adds To Growing Right Of Access Case Law
The European Court of Justice recently confirmed in Pankki S the broad scope of the right to access under the General Data Protection Regulation, including data processed before the regulation came into operation, which may pose a burden in terms of cost and time for organizations with long-standing clients, say Thibaut D'hulst, Dariusz Kloza and Danica Fong at Van Bael & Bellis.
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How The Law Must Change To Accommodate Digital Assets
The Law Commission's recent report shows that the common law of England and Wales is well suited to adapt to digital assets, and with targeted statutory reform to unlock the possibility of recognizing property in intangible things, the U.K. can become an ideal hub for parties to transact with emerging technology, says Sarah Green at the commission.
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Copyright Trial Defense Tips From 'Thinking Out Loud' Case
The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.
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UK Tribunal Ruling Sheds Light On Workplace Speech Issues
The U.K. Employment Appeal Tribunal's recent judgment in Higgs v. Farmor's School — concerning a Christian employee dismissed for allegedly anti-LGBT social media posts — highlights factors that employers should consider in tricky situations involving employees' speech, says Anna Bond at Lewis Silkin.
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Leading THC Case Lends Support To UK Legalization Debates
Even though the Court of Appeal's ruling in R v. Margiotta on legally importing and supplying low THC cannabis cannot be relied on post-Brexit, it provides powerful arguments for the legalization of supply in low THC cannabis, including the fact the product is not considered a narcotic drug, say Robert Jappie at Fieldfisher and Josh Normanton at Trinity Chambers.
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Employment Tribunal Data Offers Workplace Practice Insights
A breakdown of the Ministry of Justice's recent Employment Tribunal figures shows shifting trends among employees, and potential challenges and possible improvement areas for employers, and if the data continues to be published, it could play an essential part in clearing the fast-growing backlog of tribunal matters, says Gemma Clark at Wright Hassall.
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Unpacking The Rwanda Policy Appeal Decision
The Court of Appeal recently declared the U.K. government's Rwanda policy unlawful in AAA v. Secretary of State, but given that this was only on the basis that Rwanda is not currently a safe third country, it is possible that the real risk of Article 3 of the European Convention on Human Rights breaches will be obviated, says Alex Papasotiriou at Richmond Chambers.
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Getty Case Will Be Pivotal For Generative AI Copyright Issues
The Getty v. Stability AI litigation in the U.K. and U.S. raises legal ambiguities on who owns generative artificial intelligence output, and the outcomes will set a major precedent on copyright practices for businesses in both countries and beyond, say Victoria Albrecht at Springbok AI and Mark O'Conor at DLA Piper.