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Commercial Litigation UK
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July 22, 2024
Meta Hit With Fresh Complaint Over 'Pay Or Consent' Model
Meta has been hit with a complaint from European consumer protection authorities, which fear that the tech giant's "pay or consent" business model for Facebook and Instagram misleads its users, the European Commission said on Monday.
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July 22, 2024
Challenge To Romanian Trading Tax Referred To ECJ
Europe's highest court has been handed a challenge to trading tax in Romania, as a national court seeks guidance on whether EU law would prevent a member country from creating an extra tax liability for some participants in the wholesale energy market.
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July 19, 2024
Hospital Worker Loses Claim For COVID Shielding Pay
A London hospital worker has lost her claim alleging that she was wrongly put on statutory sick pay during the pandemic after a tribunal found she was not entitled to full pay under the COVID-19 shielding program because of a lack of eligibility.
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July 19, 2024
Ex-Council Officer Gets Fresh Trial After Delay Refused
A former senior officer at a London council has got a second shot at her unfair dismissal and disability discrimination claim, after an appellate judge ruled Friday the trial should have been postponed when her lawyer became too sick to represent her.
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July 19, 2024
Ex-Lib Dem Leader Swinson Grilled Over Horizon Scandal
Former Liberal Democrat leader Jo Swinson told an inquiry on Friday into the Post Office accounting scandal that she was reassured when she was the minister responsible for the organization that its systems were robust.
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July 19, 2024
Staveley Drops Fight Over £3.4M Payment In Loan Dispute
A London judge ended Newcastle United co-owner Amanda Staveley's legal battle over a debt to a Greek shipping magnate after her lawyers said Friday that she had made the over £3.4 million ($4.4 million) payment she had been expected to challenge.
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July 19, 2024
Solicitor Sanctioned Over False £1M Gov't Loan Declaration
A solicitor who signed an inaccurate declaration confirming that an investor had £1 million in a client account for the purposes of a government loan scheme was fined £15,000 ($19,400) on Friday and banned from being a partner.
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July 19, 2024
Cifas Justifies Marking Bank Activity For Suspected Fraud
The operator of the U.K.'s national fraud database has hit back at a £144,000 ($186,000) data protection claim in a London court, saying it was justified in marking a London resident's bank activity for suspected fraud.
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July 19, 2024
Lawyers Test New Routes For Redress For APP Fraud Victims
A year after the decision by Britain's Supreme Court that curbed the liability owed by lenders to customers tricked into transferring money to fraudsters, victims are now looking to use the courts to test novel routes for redress.
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July 19, 2024
From Doughty Street To Downing St.: A Look At Starmer's CV
Keir Starmer's rise to prime minister comes almost 40 years after the new resident of 10 Downing Street began to practice law. Here, Law360 looks back at five notable cases that shaped Starmer's legal career.
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July 19, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.
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July 19, 2024
AI Invention Not Eligible For IP Protection, Appeals Court Says
A London appeals court ruled Friday that there is nothing about a company's AI invention that differentiates it from a typical computer program under U.K. law, meaning that it cannot be protected by a patent.
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July 18, 2024
Ukraine Businessman Looks To Arbitrate $1B Gramercy Suit
A Ukrainian businessman is urging a Wyoming federal court to force Gramercy Funds Management to arbitrate in London its racketeering lawsuit accusing him of fraudulently transferring more than a billion dollars from his agricultural business, a debtor of the Connecticut-based hedge fund.
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July 18, 2024
Ukraine Co. Says $208M Russia Award Should Be OK'd
A Ukrainian electric utility has again asked a D.C. federal court to enforce a nearly $208 million arbitral award it won after the Kremlin seized its Crimean assets, saying that an international tribunal seated in The Hague already rejected Moscow's jurisdictional arguments.
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July 18, 2024
Truck Buyers Seek To Stop Cartel 'Picking Off' Claimants
A trade group suing major truck makers in a £2 billion ($2.6 billion) class action over an alleged price-fixing cartel told a London tribunal on Thursday the manufacturers should be prevented from making the group claim unviable by "picking off" claimants through settlement offers.
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July 18, 2024
Law Firm Did Not Think SRA Alerts Applied To Former Client
Matthew & Matthew Solicitors has told liquidators for a now-defunct group of companies that it did not believe that warnings about investment schemes by the English solicitors' regulator applied to its client, arguing that the businessman's care home scheme appeared legitimate.
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July 18, 2024
Pets At Home Beats Worker's Bias, Harassment Claims
A sales assistant at Pets at Home has failed to prove that she was discriminated against, sexually harassed or forced to resign over a rumored relationship with a colleague, an employment tribunal has ruled.
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July 18, 2024
Consultant Forced To Resign In Patient Death Inquiry
A consultant surgeon was forced to quit after bosses gave him no time to prepare for a disciplinary hearing and imposed harsher sanctions than necessary over undisclosed allegations of patient care failure, an employment tribunal has ruled.
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July 18, 2024
HR Admin's Discrimination Claim Lacks Proof, Tribunal Rules
A human resources administrator has lost a race discrimination claim that alleged her co-workers mimicked a foreign accent and drew a rude picture of her, after a tribunal found there was no evidence the events took place.
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July 18, 2024
Royal Mail Denies Holding Monopoly Over UK Address Data
Royal Mail has denied a software developer's claim that it holds a monopoly over the market for updating U.K. addresses, arguing the service is not a distinct product to hold a dominant position in.
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July 18, 2024
Drax Power, Chubb Want $170K For Cargo Vessel Collision
British renewable energy company Drax Power Ltd. and insurer Chubb European Group SE have sued a Dutch shipping company for $170,000 after one of its ships allegedly caused "heavy damage" in a collision with a vessel carrying thousands of metric tons of wood pellets.
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July 18, 2024
Thom Browne Denies Competing With Adidas In Stripe Fight
Thom Browne told a court on Thursday that he did not use a four-stripe design on sportswear to compete with Adidas as he gave evidence in the trial of a multi-jurisdictional trademark dispute over the designs used by the two brands.
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July 18, 2024
GE Can't Claim Credit For £189M In Double Tax, Court Says
A U.K.-registered subsidiary of General Electric does not qualify for at least £189 million ($245 million) in double tax relief under a U.S.-U.K. treaty because it lacks a U.S. presence akin to a domicile, a London appellate court ruled.
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July 18, 2024
Post Office Execs 'Lied To Me,' Ed Davey Tells Inquiry
Ed Davey told an inquiry on Thursday into the miscarriage of justice at the Post Office that senior officials at mail service, including its former chief executive, "lied" to him about the IT system used to prosecute innocent people.
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July 18, 2024
Ryanair Disruption Claim Blocked By Law, Air Controller Says
U.K. airspace controller NATS has said the country's transport regulation blocks Ryanair from bringing its €5.3 million ($5.7 million) claim for losses suffered after a computer error disrupted around 1,300 of the airline's flights.
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.