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Commercial Litigation UK
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August 22, 2024
'Beloved By Everyone': Attys Recall Clifford Chance's Morvillo
Clifford Chance LLP partner Christopher Morvillo, who died this week after a luxury yacht he was on sank off the coast of Sicily, is being remembered not only as a lion of the legal community but also as an "extraordinary human being" and a "Renaissance man" who was devoted to his family.
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August 22, 2024
Mike Lynch's Body Recovered From Yacht Wreck
Mike Lynch, founder of technology company Autonomy, died when a yacht he was aboard sank off the Sicilian coast, his family confirmed Friday, after a trip the entrepreneur had reportedly chartered with his legal team to celebrate their victory in a U.S. fraud case.
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August 21, 2024
Top Commercial Disputes To Watch In 2nd Half Of 2024
A claim against BHP from victims of Brazil's deadliest environmental disaster, a $10 billion insurance megatrial over planes stranded in Russia and a legal challenge to the response by the U.K. financial regulator to the mis-selling scandal are just some of the trials to look out for in the second half of 2024.
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August 21, 2024
Sporting Co.'s Ex-Director Sentenced For COVID Loan Misuse
The former director of a Sussex-based sporting services company has been sentenced to eight months in prison, suspended for 12 months, and 150 hours of unpaid work for exploiting a government COVID-19 business loan, the U.K.'s Insolvency Service announced Wednesday.
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August 21, 2024
Ex-Barclays VP Loses Bias Case Over Potential Promotion
Barclays Execution Center defeated dozens of discrimination and unfair dismissal claims from a former vice president, after an employment tribunal ruled that she was bringing up personal qualms against a manager who hadn't treated her badly.
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August 21, 2024
Solicitor Gets Tribunal Hearing Paused Amid Bias Claim
A solicitor who allegedly misled a client successfully managed to adjourn a tribunal hearing on Wednesday after arguing that there were concurrent civil proceedings accusing the Solicitors Regulation Authority of bias in prosecuting him.
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August 21, 2024
Giving Disabled Worker A Poor Reference Was Discriminatory
An employment tribunal has ruled that a NHS trust discriminated against a disabled laboratory assistant by firing her and giving her a bad reference due to the amount of time she took for sick leave, saying most of that was caused by her conditions.
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August 21, 2024
VAT Fraudster Loses Bid To Escape Repaying £1.4M
A man involved in a £40 million ($52 million) criminal tax fraud scheme has lost a bid to avoid repaying £1.4 million as a London court ruled on Wednesday that he had failed to prove he no longer had hidden assets.
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August 21, 2024
Tribunal Lifts 21-Year Practice Ban, Praises Lawyer's 'Tenacity'
A tribunal praised a solicitor for her "tenacity" on Wednesday as it restored her to the profession 21 years after she was struck off for taking a loan from a client and paying clients' money into a personal account.
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August 20, 2024
Judicial Proceedings Immunity Thwarts Whistleblower's Suit
An appellate tribunal ruled Tuesday that immunity from judicial proceedings blocks a former aide from claiming he faced groundless and malicious arbitration from his work after blowing the whistle on alleged staff mistreatment.
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August 20, 2024
Council's Failure To Help Disabled Staff Led To Early Retirement
An employment tribunal has ordered a county council to pay more than £184,000 (almost $240,000) to an assistant manager with a spinal disability, after failing to make reasonable adjustments enabling her to work at a children's home for a few more years.
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August 20, 2024
Firing For Saying You Can't Be Gay And Muslim Ruled Wrong
DHL Services Ltd. should not have fired a Muslim worker for his religious beliefs after he said he believes that people cannot be both gay and Muslim, a tribunal has ruled.
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August 20, 2024
Imprisoned Oligarch Bids For ID Linked To $20M Transfer
An imprisoned Russian oligarch pursuing a $13.8 billion conspiracy claim urged a London judge Tuesday to order a group of wealth management companies to disclose the identity of a person who requested a $20 million transfer that he alleges was a bribe.
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August 20, 2024
Insurers Deny Liability Over $790M Stranded Aircraft Claims
Two insurers have argued they are not liable for paying out claims totaling more than $790 million over planes stranded in Russia, arguing the aircraft had not been "lost" to their lessors under the terms of the policies.
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August 20, 2024
Barclays Told To Reassess Promotion Process After Bias Case
A former vice president of Barclays was not passed over for a promotion because she was an Asian Muslim woman, but a split employment tribunal urged the bank to look at its promotion process.
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August 20, 2024
Royal Mail Strike Claims Axed After UK Supreme Court Ruling
A tribunal has struck out dozens of claims by postal workers that Royal Mail cut their pay and benefits for going on strike, concluding that their case was bound to fail because legislation did not protect them despite going against European human rights laws.
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August 20, 2024
Clifford Chance 'In Shock' Over Missing Partner
Clifford Chance said Tuesday that it is "in shock and deeply saddened" that a partner is among six passengers missing from a yacht that was reportedly chartered to celebrate the legal victory of technology entrepreneur Mike Lynch.
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August 20, 2024
Ex-Bird & Bird Partner Banned For Pursuing Junior Colleague
A former partner at Bird & Bird LLP has been banned from the legal profession for five years after he admitted behaving inappropriately toward a junior female colleague and abusing his position in an attempt to pursue a sexual relationship with her.
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August 19, 2024
Mike Lynch, Clifford Chance Pro Among Missing After Yacht Sinks
Former Autonomy CEO Michael Lynch and a Clifford Chance LLP partner who helped him beat federal fraud charges back in June are among those missing after their chartered luxury yacht sank during a storm off Sicily early Monday during a trip reportedly to celebrate Lynch's legal victory.
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August 19, 2024
Broker Wins Claim Over Bosses' Postchemotherapy Demands
Vantage Capital Markets Ltd. discriminated against a broker by withholding her pay until she completed excessive requirements to prove she was fit to work following cancer treatment, an employment tribunal has ruled.
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August 19, 2024
Bipolar Solicitor Loses Bias Claim Over Offer Withdrawal
An employment tribunal has ruled that a law firm did not know about a candidate's bipolar disorder when it reneged on a job offer because he never brought it up during the hiring process.
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August 19, 2024
Ex-Premier League Pro Loses Challenge To £120K Legal Bill
A former Premier League footballer has lost his fight to challenge a £120,000 ($156,000) legal bill following a multimillion-pound dispute with his brother as a London court on Monday rejected his case that his fee deal was not enforceable.
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August 19, 2024
German State Liable In €500M Timber Sales Antitrust Fight
A German state breached antitrust laws for decades in its sales of round timber, leaving it liable to antitrust suits worth an estimated €500 million ($553 million), a German regional appeals court has ruled.
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August 19, 2024
HMRC Did Not Victimize Female Civil Servant, Tribunal Finds
A former caseworker at HM Revenue and Customs was not unlawfully victimized by her manager who proposed a work meeting at her home because the request had nothing to do with her being a woman, a London employment tribunal has ruled.
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August 19, 2024
J&J, Others Pay Out To Settle Pelvic Mesh Group Claim
A group of women who suffered "years of pain and suffering" after being given pelvic mesh implants has secured undisclosed payouts from Johnson & Johnson, Boston Scientific Corp. and Bard in the first successful group claim over the devices in the U.K., Pogust Goodhead said on Monday.
Expert Analysis
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Takeaways From World Uyghur Congress Forced Labor Ruling
The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.
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Emissions And Extraction: Unpacking The Finch Ruling
In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.
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Examining The EU Sanctions Directive Approach To Breaches
In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.