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Commercial Litigation UK
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August 14, 2024
PwC Owes $11M For Tax Errors, Real Estate Group Says
PwC should pay £8.9 million ($11.4 million) in damages to a real estate group for miscalculating its tax liabilities and mispricing its properties, which prompted several additional assessments and penalties, according to a claim in a London court.
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August 14, 2024
NC Court Defers Ruling To Unseal Cadwalader Coverage Suit
The North Carolina Business Court on Monday did not outright reject a bid by a Lloyd's of London syndicate looking to unseal a complaint by Cadwalader Wickersham & Taft LLP seeking coverage for a November 2022 data breach, though the judge did admonish the syndicate for failing to consult with Cadwalader's counsel before filing the motion.
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August 14, 2024
Air Travel Co.'s Flex Working Policy Disadvantaged Women
A female airport staffer has won her sex discrimination case against an air travel services provider, with a tribunal ruling that the company's policy that staff work any shift put women at a disadvantage because it conflicted with childcare commitments.
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August 14, 2024
Adviser Denies Owing Bank £9.2M After Bad Property Loan
A property adviser has denied overvaluing a building development and causing a U.K. bank to lend millions of pounds more than it should have, claiming it made a competent assessment within the same range as other independent valuers.
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August 14, 2024
World Bank Member Sues Lebanese Lender For Unpaid $234M
A member of the World Bank Group is suing Lebanon's largest private lender for more than $234 million in loans and interest payments due over the past four years, as the Middle Eastern state has struggled with a major financial crisis that devalued its currency.
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August 14, 2024
Reservist Army Major Denied Pension Plan Wins Bias Claim
A retired army reserve officer has won his claim against the Ministry of Defence alleging that its refusal to let him join the armed forces pension plan left him worse off than full-time military personnel.
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August 14, 2024
Mauritius Gov't Report On Lawyer's Conduct Was Unfair
A Mauritian barrister can challenge a report that branded him a "spy" for drug traffickers, as the Judicial Committee of the Privy Council found on Wednesday that the principles of fairness and natural justice were not followed when those conclusions were reached.
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August 14, 2024
Insurer Sues Underwriter For €1.6M For Cancellation Failure
A Liechtenstein-based insurer has accused a German underwriter in a London court of failing to end contracts correctly, exposing it to claims in German courts that have cost it €1.6 million ($1.76 million) in damages.
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August 14, 2024
Tribunal Must Re-Try Harassment Win Against Now-Dead Boss
An appellate tribunal has overturned a £19,000 ($24,400) payout made to an administrative assistant over claims of sexual harassment, ruling that her boss, who has since died, might have been too sick to defend himself at the time.
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August 13, 2024
Marketing Co. Unfairly Axed Staffer For Missing Targets
A marketing company must pay £13,500 ($17,300) to an employee it unfairly fired amid an "astonishing" lack of evidence justifying its decision to ax her on capability grounds, a tribunal has held.
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August 13, 2024
Miami Investor Sues In Del. For Cash From London Manor Sale
A Florida investor with a 25% stake in a historic manor house in west London has sued the manager of the Delaware limited liability company formed to invest in the property, alleging it has been sold for about $18 million without him receiving any proceeds.
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August 13, 2024
Travelers Defends DWFM Beckman Over Investment Advice
The insurer of now-defunct DWFM Beckman LLP has hit back against claims that the firm negligently advised a real estate investor on an almost £20 million ($25.5 million) deal, denying that the firm advised her on the investment at all.
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August 13, 2024
Property Developer Director Sued Over Buy Of Company Land
The administrators of a property developer have accused a director of breaching his duty to the business by buying land from the company without approval and of using an unauthorized company loan to fund the construction of a house.
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August 13, 2024
PA Forced To Visit Boss' Home During Lockdown Wins £115K
Two hedge fund bosses must pay a former personal assistant over £115,000 ($147,468) after an employment tribunal found the businessman had asked her to unnecessarily go against COVID-19 restrictions by working from their homes.
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August 13, 2024
1st Sub-Class CPO Gives Funders Chance To Hedge Bets
A recent decision by the U.K. antitrust tribunal makes it possible for litigation-funders to hedge their bets on complex competition disputes with rival sub-classes of claimants by allowing a truck-cartel claim to proceed after it tackled concerns about conflicts of interest by reshaping the financing arrangements that back the case.
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August 13, 2024
Ex-CFO Sues Neighbor Over Defamatory Email To Employer
The former chief financial officer of an international design studio has alleged she lost her job after a neighbor sent a defamatory email to her employer that claimed she criminally damaged his roof and harassed him.
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August 13, 2024
Oil Co. Denies Breaching Terms Of Shell Asphalt Deal
A Greek oil business has hit back against a $3.7 million claim by Shell over a soured asphalt cargo sale, arguing it did not breach the terms of the deal by delivering a different product than specified.
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August 13, 2024
White Police Officers Win Bias Case Over Promotion Loss
An employment tribunal has ruled that a police force in southern England discriminated against a group of white officers when it offered a highly coveted job to an ethnic minority colleague.
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August 13, 2024
Solicitor Reprimanded Over Sexual Comments In Court
A solicitor was reprimanded by the Solicitors Disciplinary Tribunal on Tuesday for making inappropriate sexual comments in a courtroom — but the panel stopped short of any further sanction because the lawyer apologized and took full responsibility for his behavior.
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August 13, 2024
Cruise Co. Sues Airline For $3.3M After Unexplained Late Fee
Sea cruise company Carnival claims Maleth Aero AOC Ltd. owes it $3.3 million, alleging the airline threatened to withhold its aircraft days before flights were scheduled while demanding an unjustified late fee.
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August 13, 2024
Stranding Of Planes Was A Commercial Decision, Insurer Says
Fidelis Underwriting Ltd. has said it is not liable for almost $45 million being claimed by an Irish aircraft operating company to cover the loss of planes stranded in Russia because it was a commercial decision by the operator to retain the aircraft.
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August 12, 2024
UK Gov't Faces Fresh Claim Over 'Gender Critical' Network
An individual has sued the U.K. government and a public employee after the staffer made gender-critical statements at work, the second such claim the government has faced in recent months.
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August 12, 2024
Nurses Union Defeats Ex-Council Boss' Whistleblower Claim
A U.K. nurses union has beaten a whistleblowing claim from an ex-council chair who leaked information about the former CEO's exit settlement to the press, after a tribunal found he was rightly expelled for breaching a confidentiality agreement.
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August 12, 2024
Postman Loses Unfair Dismissal Bid Against Royal Mail
A postman lost his discrimination case against Royal Mail on Monday after a protracted litigation battle, with an employment tribunal finding that it was reasonable for the postal service to fire him after a two-year absence from work and his clear intention never to return.
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August 19, 2024
Kirkland Hires Simmons & Simmons' Antitrust Head In London
Kirkland & Ellis LLP announced Monday that it has recruited the head of competition, antitrust and trade at Simmons & Simmons LLP in a move to boost its capabilities representing clients in U.K. and European Union matters in its London office.
Expert Analysis
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How Law Firms Can Handle Challenges Of Mass Claims
With a wave of volume litigation possibly about to hit the U.K. courts, firms developing mass claim practices should ensure they heed the Solicitors Regulation Authority's May warning and adopt strategies to ensure regulatory compliance and fair client representation, says Claire Van der Zant at Shieldpay.
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Potential EPO Reproducibility Ruling May Affect IP Strategies
A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.
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Insurance Ruling Stresses High Hurdle To Fix Policy Wording
In Project Angel v. Axis, the Court of Appeal recently refused to rewrite the exclusion clause of an insurance policy, reminding parties in the warranty and indemnity market to carefully word clauses, as there is a high threshold before courts will intervene to amend policies, say Joseph Moore and Laura McCann at Travers Smith.
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Taking Stock Of Changes UK Economic Crime Act Will Bring
With more than six months since the Economic Crime and Corporate Transparency Act's enactment, it is time to look at the steps organizations can take to prepare for imminent changes, including the new failure to prevent fraud offense and extensions to Companies House authority, say lawyers at Mayer Brown.
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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.