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Commercial Litigation UK
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July 04, 2024
What Labour's Win Means For UK Commercial Courts
The Labour Party romped to victory on Thursday after campaigning under the slogan of "Change," but the absence of any consideration of the legal sector in its election pledges has left lawyers hoping the new government will commit to maintaining the country's position as a leading disputes center.
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July 04, 2024
Labour Sweeps Tories From Power In UK Election Rout
Keir Starmer was poised to become Britain's next prime minister on Friday after his Labour Party ousted Rishi Sunak's Conservatives in a landslide general election victory, ending 14 years of Tory government with a pledge of "national renewal."
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July 04, 2024
Freeths Says Funder's Loan Negligence Claim Is Time-Barred
Freeths LLP has hit back at a professional negligence case brought by a litigation-funder, arguing that it waited too long to claim that the law firm left the owner of a quarrying business liable to repay a £250,000 ($320,000) loan.
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July 04, 2024
Lawyer Heckled Secretary With Sexist Remarks, Tribunal Says
A former legal secretary has won her sexual harassment claim against her former firm in an English tribunal after the panel ruled that its leading solicitor had made her distressed, including by telling her he had found a condom used by his partner's paramour.
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July 04, 2024
WSJ Publisher Dow Jones Must Face Bankers' GDPR Claims
The Wall Street Journal publisher Dow Jones has failed to strike out data protection allegations brought against it by two investment bankers as a London court found the claims were not a tactic to avoid the difficulties of bringing a defamation claim.
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July 04, 2024
Pope Aide Says Vatican 'Trapped' By UK Property Deal
A close aide to the pope testified Thursday that he authorized payments of Є15 million ($16.2 million) to an Italian broker to regain full ownership for the Vatican of a London building at the heart a now-notorious property deal.
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July 04, 2024
Lender Hits Elite Law For £1.9M Over Alleged Loan Breach
A lender has sued Elite Law Solicitors after it allegedly failed to spot that its client was a fraud and did not secure necessary protections over a £1.9 million ($2.4 million) property loan, telling a court that this has left it unable to recover its cash.
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July 04, 2024
Emirati Scrap Metal Sellers Lied To Secure $45M Loan
A Dubai shipping broker and his son made false and fraudulent representations when they secured a $45 million loan arrangement from a Norwegian security agent and other lenders, a London court has ruled.
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July 04, 2024
Nokia Accuses Amazon Of 'Hijacking' Infringement Case
A Nokia subsidiary asked a London court on Thursday to strike out Amazon's attempt to compel it to license patents for Prime Video, arguing that the U.S. multinational had "hijacked" its infringement claim over the technology to force it into a deal.
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July 04, 2024
Gas Site Manager Unfairly Sacked After Finding Next Job
An employment tribunal has ruled that a gas mains servicing company unfairly dismissed one of its managers by making him redundant when it discovered he had already found a new job.
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July 04, 2024
Tech Co. Knew IP Woes From Soured Deal, AI Video Biz Says
An AI video analytics business has told a London court that a security technology company it accused of failing to pay up after acquiring its intellectual property should have been aware that its CCTV-analyzing technology might contain bugs.
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July 03, 2024
NHS Consultant Surgeon Wins Unfair Dismissal Case
An NHS trust forced a world-renowned surgeon to quit after making him step down from a role and restricting his ability to practice without first investigating bullying allegations against him, an employment tribunal has ruled.
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July 03, 2024
Ex-Post Office Chair Says Legal Review Buried On Advice
The former chair of the U.K.'s Post Office told a London inquiry Wednesday that he had not shared a legal review of prosecutions of subpostmasters due to advice that it would be legally privileged, despite warnings in the report that some of the convictions may have been unsafe.
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July 03, 2024
Ericsson Prefers US FRAND Terms, Rejects Lenovo Attacks
Ericsson has fought claims that it refuses to negotiate fair licensing terms with Lenovo and abuses its ownership of standard essential patents for 5G technologies, the latest development in a long-running feud between the companies.
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July 03, 2024
Royal Mail Faces £878.5M Mass Claim Over Bulk Deliveries
The owner of Royal Mail is facing an estimated £878.5 million ($1.1 billion) collective action, as the representative of potentially 290,000 retail businesses asked the U.K.'s specialist antitrust court to approve the class claim Wednesday.
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July 03, 2024
Ship's Cook Wins £28K For Sacking Over Hip Pain
An employment tribunal has awarded a cook working for a Scottish ferry company over £28,000 ($35,749), ruling his employer unfairly sacked him after he developed a painful hip condition.
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July 03, 2024
Top UK Court To Define 'Payment' For Lawyer Fee Disputes
The U.K.'s highest court is set to rule on the meaning of "payment" for determining when the clock starts ticking for clients to challenge solicitors' fees as part of a personal injury claim row with an English firm heard by justices on Wednesday.
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July 03, 2024
UralChem Owner Can't Shift EU Sanctions
The European Union's General Court on Wednesday upheld sanctions against oligarch Dmitry Mazepin, finding he remains a leading businessperson in Russia's economy and a major owner of UralChem, one of the country's biggest mineral fertilizer manufacturers.
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July 02, 2024
Shelving Biz Hits Rival With Design Infringement Claim
An Australian shelving manufacturer has sued a British rival for registered design infringement, arguing that certain shelving support bars being offered on the rival's U.K. website copy significant features of its intellectual property without consent.
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July 02, 2024
Gambling Biz Settles €273M Buyout Dispute With Financier
Gambling hall operator MaxBet has settled a host of international legal disputes with Luxembourg-based financial holdings company Maximus stemming from a deal for Maximus to purchase various MaxBet-owned businesses that went south, lawyers for MaxBet told Law360 on Tuesday.
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July 02, 2024
Construction Boss' Choice To Cut His Salary Kills Benefits Bid
A director has failed to sway an employment tribunal that he was an employee of a now-defunct construction company, because his decision to cut his salary meant he wasn't earning enough to qualify as one.
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July 02, 2024
£8.5M Property Deal Said To Defraud Creditors In Debt Row
A British Virgin Islands-registered company has asked a London court to declare that the transfer of an estimated £8.5 million ($10.8 million) property by one of its debtors was done to intentionally hinder the company's chances to reclaim the money it is allegedly owed.
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July 02, 2024
Worldpay Faces Demand For Client Info In Alleged FX Fraud
An architecture firm has asked a London court to order merchant service provider Worldpay to hand over a virtual ledger of one of its customer's accounts in an attempt to track down $1.17 million allegedly missing in a forex broker fraud.
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July 02, 2024
Barristers Fight For Fees Stemming From Adjourned Trial
Two barristers on Tuesday urged a London appellate court to overturn a ruling that they were not entitled to the majority of approximately £150,000 ($190,140) in fees that a client had agreed to pay because the £20 million trial at which they were due to represent her was adjourned.
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July 02, 2024
Rolls-Royce, BMW Sue Parts Designer Over IP
Rolls-Royce and BMW have accused a U.K. platform that sells bespoke car parts of infringing their trademarks by using their iconic logos without consent and misleading consumers.
Expert Analysis
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Zimbabwe Ruling Bolsters UK's Draw As Arbitration Enforcer
An English court's recent decision in Border Timbers v. Zimbabwe, finding that state immunity was irrelevant to registering an arbitration award, emphasizes the U.K.'s reputation as a creditor-friendly destination for award enforcement, say Jon Felce and Tulsi Bhatia at Cooke Young.
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Building Safety Ruling Offers Clarity On Remediation Orders
The First-tier Tribunal's recent decision in Triathlon Homes v. Stratford Village Development, holding that it was just and equitable to award a remediation contribution order, will undoubtedly encourage parties to consider this recovery route for building defects more seriously, say lawyers at Simmons and Simmons.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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EU Report Is A Valuable Guide For Data Controllers
The European Data Protection Board recently published a study of cases handled by national supervisory authorities where uniform application of the General Data Protection Regulation was prioritized, providing data controllers with arguments for an adequate response to manage liability in case of a breach and useful insights into how security requirements are assessed, say Thibaut D'hulst and Malik Aouadi at Van Bael.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Employers Can 'Waive' Goodbye To Unknown Future Claims
The Scottish Court of Session's recent decision in Bathgate v. Technip Singapore, holding that unknown future claims in a qualifying settlement agreement can be waived, offers employers the possibility of achieving a clean break when terminating employees and provides practitioners with much-needed guidance on how future cases might be dealt with in court, says Natasha Nichols at Farrer & Co.
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AI Inventorship Patent Options After UK Supreme Court Ruling
The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.
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Ruling Elucidates Tensions In Assessing Employee Disability
An employment tribunal's recent decision, maintaining that dermatitis was not a disability, but stress was, illustrates tensions in the interaction between statutory guidance on reasonable behavior modifications and Equality Act measures, says Suzanne Nulty at Weightmans.
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What Extending Corporate Liability Will Mean For Foreign Cos.
Certain sections of the Economic Crime Act enacted in December 2023 make it easier to prosecute companies for economic crimes committed abroad, and organizations need to consider their exposure and the new ways they can be held liable for the actions of their personnel, say Dan Hudson at Seladore Legal and Christopher Coltart at 2 Hare Court.
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Cos. Should Weave Metaverse Considerations Into IP Strategy
In light of the increasing importance of intellectual property protection in digital contexts, including a growing number of court rulings and recent updates to the classification of digital assets, companies should include the metaverse as part of their trademark strategy to prevent potential infringements, says Gabriele Engels at D Young & Co.
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ECJ Ruling Triggers Reconsiderations Of Using AI In Hiring
A recent European Court of Justice ruling, clarifying that the General Data Protection Regulation could apply to decisions made by artificial intelligence, serves as a warning to employers, as the use of AI in recruitment may lead to more discrimination claims, say Dino Wilkinson and James Major at Clyde & Co.
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Economic Crime Act Offers Welcome Reform To AML Regime
The Economic Crime and Corporate Transparency Act exemption for mixed-property transactions that came into force on Jan. 15 as part of the U.K.'s anti-money laundering regime is long overdue, and should end economic harm to businesses, giving banks confidence to adopt a more pragmatic approach, say Matthew Getz and Joseph Fox-Davies at Pallas Partners.
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What Venice Swaps Ruling Says About Foreign Law Disputes
The English appeals court's decision in Banca Intesa v. Venice that the English law swaps are valid and enforceable will be welcomed by banks, and it provides valuable commentary on the English courts' approach toward the interpretation of foreign law, say Harriet Campbell and Richard Marshall at Penningtons Manches.
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Key Litigation Funding Rulings Will Drive Reform In 2024
Ground-breaking judgments on disputes funding and fee arrangements from 2023 — including that litigation funding agreements could be damages-based agreements, rendering them unenforceable — will bring legislative changes in 2024, which could have a substantial impact on litigation risk for several sectors, say Verity Jackson-Grant and David Bridge at Simmons & Simmons.