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Commercial Litigation UK
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August 09, 2024
Landlords, Lawyers Accused Of Lying To Get Costs Ruling
A man who was in a legal dispute over rent arrears has sued his landlord and the landlord's legal team for more than £147,500 ($187,383), alleging that two cost judgments were obtained by fraud.
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August 09, 2024
Lawyer To Face Tribunal Over Report Of False Asylum Claims
A former law firm manager must face a London tribunal after the Solicitors Regulation Authority suspended his practicing certificate and shut the legal business down following a media investigation into fake asylum claims.
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August 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.
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August 09, 2024
Plane Stuck In Russia 'Not Lost,' Reinsurers Argue
A batch of reinsurers has denied they must pay out in a row over $44 million to cover the alleged loss of a plane leased to a Russian airline, arguing the plane is not lost and would not be covered by the policy.
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August 09, 2024
Mosque Must Pay £30K For Bias After Firing Somali Teacher
An employment tribunal has ordered a London mosque to pay nearly £30,000 ($38,300) to a female Quran teacher after unfairly sacking her over dwindling student numbers because she was a Somali woman.
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August 09, 2024
Judge Tells Katie Price To Attend Court Or Be Arrested Again
A judge told Katie Price on Friday that she needed to attend the next court hearing in relation to her bankruptcies, warning the former model that failing to do so would result in her being arrested again.
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August 09, 2024
The Top Commercial Dispute Trials & Rulings Of 2024 So Far
So far in 2024 disputes lawyers have been treated to the first trial in the U.K. of an opt-out collective action, the Pope's chief of staff giving evidence, and Mozambique being awarded more than $825 million for the tuna bond scandal.
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August 08, 2024
Dairy Farm Investor Fights For €77.5M Claim Against Serbia
A dairy farm investor is arguing that an arbitral award wrongly ordered Serbia to pay him €14.5 million ($15.8 million) instead of the €77.5 million he sought after his shares in the company were expropriated, saying the tribunal failed to provide any reasoning for its damages calculation.
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August 08, 2024
Judge In HMRC Case Won't Step Aside Over 'Scurrilous' Claim
A London judge has refused to recuse himself from litigation involving HM Revenue & Customs because of apparent bias and institutional corruption owing to his former connection to the department, finding some of the allegations "frankly scurrilous."
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August 08, 2024
Chanel Wins Order For Ex-Staffer To Take Down TikTok Videos
A London judge on Thursday ordered former Chanel Ltd. employee Charlotte Skeens to temporarily take down videos she posted on TikTok, postings that the legacy fashion brand alleges amount to publishing confidential information and, therefore, breach a settlement agreement.
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August 08, 2024
Derivatives Co. Fails To Refreeze Assets In Global Fraud Case
Multibank has failed to revive a freezing order against two investment companies and an executive it alleges were involved in an unlawful conspiracy, after an appeals court upheld a ruling that the international derivatives provider had made serious disclosure failings.
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August 08, 2024
Carnival Cruise Line Fights Employee's Unfair Dismissal Win
Lawyers for Carnival PLC urged the Employment Appeal Tribunal on Thursday to toss out a decision finding that the cruise ship operator unfairly dismissed an employee by making her redundant shortly after her maternity leave, arguing that the original judgment was unclear and included errors of law.
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August 08, 2024
Kebab Supplier Says Jail Time Stopped Oversight Of TM Use
The owner of a trade kebab meat supplier has claimed that supermarket chain Iceland did not get permission to use his company's logo on products as his son took control of the business and made decisions without his consent while he was in prison.
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August 08, 2024
Finance Co. Botched Risk Outline In Fire Claim, Insurer Says
A subsidiary of U K Insurance Ltd. has denied having to pay out on a policy with Parker Asset Management Ltd. over a fire that destroyed a property costing around £4.2 million ($5.3 million), saying the company did not fairly present its insurance risk.
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August 08, 2024
Caretaker Farting On Younger Worker Was Age Discrimination
A tribunal has found that a caretaker who farted on an "ambitious" younger colleague to "show him who was boss" was guilty of age discrimination, but the case was dismissed because he brought it too late — although a separate unfair dismissal claim was upheld.
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August 08, 2024
Revolution Bar Chain Wins Greenlight For Restructuring Plan
Revolution Bars was granted approval for a restructuring plan on Thursday as a London court concluded that it was a better approach than the alternative of allowing the struggling hospitality business to collapse into insolvency.
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August 08, 2024
Funder Nera Capital Buys 50,000 Spanish Car Cartel Claims
Litigation funder Nera Capital has bought 50,000 claims for compensation valued at an estimated €1 billion ($1.1 billion) over a Spanish auto cartel involving many of the largest vehicle manufacturers in the world, including General Motors and Honda.
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August 08, 2024
Home Office Seeks Repayment Of Overpaid Motorola Invoices
The Home Office has hit back at a claim by a subsidiary of Motorola Solutions, which alleges that the ministry owes it £13.5 million ($17.1 million) and that the government has been incorrectly invoiced since 2021 and overpaid for Britain's emergency services communication network.
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August 08, 2024
Bible College Fairly Fired Teacher Over Homosexuality Tweet
A Bible college was right to fire a teacher over a controversial tweet that led to a barrage of criticism because it was trying to protect its reputation and maintain harmony on campus, an employment tribunal has ruled.
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August 08, 2024
Malaysia Immune From Secretary's Salary Claim In UK
A secretary at the Malaysian High Commission in London cannot bring a claim over her salary against the Asian country in the U.K. because the case is barred under state immunity laws, a tribunal has ruled.
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August 08, 2024
The Top Corporate Crime Cases Of 2024 So Far
The partial acquittal of two retired British executives on bribery charges as part of a major Serious Fraud Office investigation, the first bribery conviction of a foreign official and Julian Assange's shock plea deal are just a few of the blockbuster cases so far in 2024.
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August 08, 2024
CAT President Reprimanded Over Love Letter To Junior Staff
The president of the Competition Appeal Tribunal, Marcus Smith, has been issued with a serious warning for misconduct for expressing his love to a junior member of staff in a handwritten letter.
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August 07, 2024
CMS Beats Claims That It Misused Trust Funds
A London judge on Wednesday struck out property developers' claims against law firm CMS, ruling that they had no reasonable prospect of proving that their former solicitors had misused trust funds.
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August 07, 2024
Asset Freeze Continuing In OneCoin Investor Claim
A London judge allowed a freezing order to continue Wednesday against eight people and four companies alleged to have been involved in the $4 billion OneCoin cryptocurrency scam, in an early stage of a group action claim brought by the scheme's investors.
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August 07, 2024
Adviser Tells Investor To Pay Up After €150M Investment
A real asset adviser has accused an investor of failing to pay for its services securing a €150 million ($164 million) investment.
Expert Analysis
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New Legislation May Not Be Needed For Recovery Of Crypto
The recent seizure of cryptocurrency under a civil recovery order raises the issue of whether extended powers under the forthcoming Economic Crime Bill are necessary, with the ability to seize crypto-related items that may be the subject of a search order more likely to be of assistance, says Nicola McKinney at Quillon Law.
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Opinion
Russia Ruling Should Lead UK To Review Sanctions Policy
The High Court's recent dismissal of the first-ever court challenge to Russian sanctions in Shvidler v. Secretary of State sets a demanding standard for overturning designation decisions, highlighting the need for an independent review of the Russia sanctions regime, says Helen Taylor at Spotlight on Corruption.
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UPC Revocation Actions Offer An Attractive Patent Strategy
As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.
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Pension Plan Amendment Power Lessons From BBC Ruling
The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.
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5 Takeaways For Litigants From Early EU Patent Court Ruling
One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.
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What To Know About The EU Residency Scheme Changes
The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.
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High Court Dechert Ruling Offers Litigation Privilege Lessons
While the recent High Court ruling in Al Sadeq v. Dechert LLP, which concerned torture conspiracy allegations against the firm, held that litigation privilege can be claimed by a nonparty to proceedings, the exact boundaries of privilege aren't always clear-cut and may necessitate analyzing the underlying principles, says Scott Speirs at Norton Rose.
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What To Know About AI Fraudsters Before Facing Disputes
The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.
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UK Insolvency Reform Review Shows Measures Are Working
The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.
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More UK Collective Actions On The Horizon After Forex Ruling
A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.
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How Russia Sanctions May Complicate Contract Obligations
Against the backdrop of recent comprehensive sanctions against Russia and Belarus, a review of recent U.K. case law clarifies that certain force majeure clauses likely cover trade sanctions, and that future litigation will further develop the scope of force majeure and frustration in the context of sanctions, says Frances Jenkins at Quillon Law.
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New Guidance Offers Clarity For Charities On ESG Investing
The need for charities to understand investing in line with environmental, social and governance aspirations has never been more pressing, and recently updated U.K. Charity Commission guidance should give trustees confidence to make decisions that are right for their organization, says Robert Nieri at Shoosmiths.
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Taking Stock Of Company Climate Duties After ClientEarth
Despite the High Court's recent dismissal of ClientEarth v. Shell, the case nonetheless has key consequences for companies that are susceptible to being targeted by nonprofit activists as environmental, social and corporate governance lawfare continues, says Dan Harris at Chancery Advisors.
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Copyright Cheat Sheet: Finding Substantially Similar Songs
Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.
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Lessons On Cricket Patent History And IP Protection At UPC
On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.