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Commercial Litigation UK
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August 15, 2024
Green Campaigner Loses Challenge To 'Net Zero' Power Plant
An environmental consultant has lost his challenge to the U.K. government's approval of a gas-fired power station with carbon capture technology, with a London court ruling there was a clear and lawful assessment of the power station's greenhouse gas emissions.
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August 15, 2024
Thousands Of Fare-Dodging Convictions To Be Quashed
Up to 74,000 convictions for evading train fares are set to be quashed after a senior district judge ruled on Thursday that rail operators should never have used the single justice procedure to prosecute passengers behind closed doors.
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August 15, 2024
Contractor Wins Appeal Over Right To Quit Building Deal
The wording of a standard building contract gave a contractor the right to walk away after a housing company defaulted on multiple payments, a London appeals court ruled Thursday.
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August 15, 2024
Medical Tester Wins Order To Stop Release Of Hacked Data
A medical testing company hit in a ransomware attack that disrupted London hospitals has secured an injunction at the High Court in an effort to prevent publication of patients' private medical data that was stolen by the hackers.
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August 15, 2024
RSA Beats Perimenopausal Worker's Discrimination Claim
RSA Insurance did not discriminate against an employee who claimed to have experienced symptoms of perimenopause at the time she was dismissed, an employment tribunal has found, ruling that she had exaggerated the effect of her health condition.
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August 15, 2024
Teacher Revives Claim That Local Council Forced Her To Quit
A tribunal wrongly tossed a school teacher's claim for unfair constructive dismissal against a local council based on the "irrelevant" fact that she had not worn out all three stages of the grievance appeal before quitting, an appeals judge has ruled.
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August 15, 2024
Hamlins Media Pro To Face SDT Over Alleged Litigation Threat
A Hamlins LLP partner will face a disciplinary tribunal over allegations that he improperly threatened to bring litigation, the solicitors' watchdog has said, marking the second time the SRA has prosecuted a lawyer over the use of SLAPPs.
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August 14, 2024
Sanctioned Ghanaian Co. Says Law Firm's Fees Too High
An African energy company has slammed international arbitration specialty law firm Three Crowns LLP in Texas federal court for claiming nearly $200,000 in fees after the company was sanctioned for lying to a Ghanaian court.
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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.
Expert Analysis
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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.
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Hugh Grant Case Raises Questions About Part 36 Offers
Actor Hugh Grant's recent decision to settle his privacy suit by accepting a so-called Part 36 offer from News Group — to avoid paying a larger sum in legal costs by proceeding to trial — illustrates how this legal mechanism can be used by parties to force settlements, raising questions about its tactical use and fairness, says Colin Campbell at Kain Knight.
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Accounting For Climate Change In Flexible Working Requests
Although the U.K. government's recent updates to the country's flexible working laws failed to include climate change as a factor for evaluating remote work requests, employers are not prohibited from considering the environmental benefits — or drawbacks — of an employee's request to work remotely, say Jonathan Carr and Gemma Taylor at Lewis Silkin.
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Opinion
New Property Category Not Needed To Regulate Digital Assets
The U.K. Law Commission's exploration of whether to create a third category of property for digital assets is derived from a misreading of historical case law, and would not be helpful in resolving any questions surrounding digital assets, says Duncan Sheehan at the University of Leeds.
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Employer Lessons From Red Bull's Misconduct Investigation
Red Bull’s recent handling of a high-profile investigation into team principal Christian Horner’s alleged misconduct toward a colleague serves as a reminder of the importance of thorough internal grievance and disciplinary processes, and offers lessons for employers hoping to minimize media attention, say Charlotte Smith and Adam Melling at Walker Morris.
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Breaking Down The EPO's Revised Practice Guidelines
The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.
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Pharma Remains A Key Focus Of EU Antitrust Enforcement
The recently published European Commission report on pharmaceutical sector competition law illustrates that effective enforcement of EU rules remains a matter of high priority for EU and national authorities, say lawyers at Dechert.
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Employment Tribunal Fee Proposal Raises Potential Issues
The proposal to reintroduce employment tribunal fees in a recent U.K. government consultation poses serious concerns over the right of access to justice, and will only act as a deterrent for claimants and appellants, says Yulia Fedorenko at CM Murray.
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ECHR Climate Rulings Hint At Direction Of Future Cases
Three recent climate rulings from the European Court of Human Rights show the court's tendency toward a more formalistic, hands-off approach to procedural issues but a more hands-on approach to the application of the European Convention on Human Rights, setting the first guiding principles for key issues in EU climate cases, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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What UK Energy Charter Treaty Exit Would Mean For Investors
While the U.K.'s recent announcement that it intends to withdraw from the Energy Charter Treaty is a bold political signal, investor protections will remain in place for a significant period of time, ensuring that an element of certainty and business continuity will remain, say Karel Daele and Jessica Thomas at Taylor Wessing.