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Commercial Litigation UK
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November 20, 2024
All Eyes On The SFO After LC&F Ponzi Scheme Ruling
Damning findings in civil litigation that the directors of London Capital & Finance ran the bonds company as a Ponzi scheme could foreshadow the Serious Fraud Office's parallel criminal investigation into the failed £237 million ($300 million) investment business, lawyers say.
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November 20, 2024
Sony Film Co. Can Advance With $49M Share Deal Claim
Sony Group's Columbia Pictures can move ahead with its $49 million claim that a media company failed to pay for any shares in an entertainment business it had agreed to buy, as a London court ruled on Wednesday that claim documents were validly served in Hong Kong.
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November 20, 2024
Gov't Must Pay Union For Ending Dues Deal, Top Court Rules
A union for civil servants won its case on Wednesday for compensation as the U.K. Supreme Court ruled that the government was not entitled to stop automatically deducting membership fees from workers' pay.
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November 20, 2024
Top UK Court Rejects Bedzhamov Russian Bankruptcy Order
The U.K. Supreme Court refused Wednesday to recognize a Russian bankruptcy order against two properties owned by banker Georgy Ivanovich Bedzhamov in Britain, confirming a legal principle that foreign courts do not have jurisdiction over English land.
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November 19, 2024
Ukraine Claims Win In Chocolate Co. Investor's $100M Suit
Ukraine's Ministry of Justice said Tuesday it has won a $100 million international arbitration case brought by a Russian-American investor in a chocolate factory who claims he was subjected to a brutal arrest by Ukrainian authorities when they expropriated his business in 2017.
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November 19, 2024
Litigation Funder Can't Arbitrate German Biz's Discovery Bid
A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.
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November 19, 2024
Cuban Bank Can't Block Fund's €72M Debt Claim
Cuba's former central bank can't block an offshore fund from suing it for over €72 million ($76.2 million) of unpaid sovereign debt because the lender authorized the assignment of the debt to the fund, a London appeals court ruled Tuesday.
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November 19, 2024
Furniture Warehouse Worker Wins Unfair Sacking Claim
A furniture warehouse worker has won about £16,000 ($20,000) on his unfair dismissal claim before an English employment tribunal, which found the business had not properly investigated allegations that he had used a company van without permission.
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November 19, 2024
Court Staffer Fired For Bad Performance, Not Race
An usher who left an East London courtroom unattended, allowing a member of the public to enter and "violently throw a holy book on the court floor," has lost her race discrimination case after a tribunal found that she was dismissed because of her performance.
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November 19, 2024
Part-Time High Court Judges Lose Claim For Better Pay
Judges who sometimes "sit up" on more senior High Court cases cannot legally be considered part-time workers, an employment tribunal has ruled, quashing their discrimination claim.
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November 19, 2024
UKIP Support Is Not A Protected Belief, Tribunal Rules
A charity beat claims that it discriminated against a former employee after an employment tribunal ruled that supporting the right-wing U.K. Independence Party and opposing halal meat aren't protected beliefs.
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November 19, 2024
Russian Pipeline Giant Fights Oligarch's Conspiracy Claim
Lawyers for Russian pipeline giant PJSC Transneft urged a London court Tuesday to toss out a claim by a jailed oligarch accusing it of foul play in a sale of shares, saying the deal was above board and approved by shareholders.
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November 19, 2024
BNP Paribas Not Liable For Halted Skyscraper Asbestos Work
BNP Paribas is not on the hook for a broken deal with a contractor that claimed the company prevented it from carrying out necessary work after asbestos was found in a Manchester skyscraper, a London court has ruled.
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November 19, 2024
Lenovo Can't Force Ericsson Into Short-Term 5G SEP License
A London court dealt a blow on Tuesday to Lenovo's hopes of getting a short-term license to use Ericsson's essential 5G patents, as it refused to declare that a "willing licensor" in Ericsson's shoes would offer a deal.
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November 19, 2024
Student Wins Sexual Harassment Case Against Bar
A tribunal has upheld claims for discrimination and sexual harassment by a student bartender after her line manager mimicked putting a banknote down her cleavage on a staff night out.
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November 19, 2024
Royal Mail Dodges Deaf Postal Worker's Discrimination Claim
Royal Mail has swerved a former postwoman's claim that it discriminated against her based on her deafness, persuading a tribunal that she brought the claim too late.
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November 18, 2024
Panama Foundations Fight Jurisdiction In $3.7B Asset Row
Two Panama-based foundations caught up in an international dispute over a late Russian oligarch's $3.7 billion fortune urged a London court to reject arguments they defrauded his daughter out of ownership of a company, arguing Panamanian courts had ruled against her.
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November 18, 2024
LED Face Mask Biz Can't Avoid Trial Over NDA Breach Claims
A London court refused to grant summary judgment Friday to a tech company that sells LED face masks, ruling that it would have to face claims that it violated a nondisclosure agreement by registering a rival's designs.
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November 18, 2024
Temp Wins 2 Years' Back Pay After Holiday Pay Ruling
An appellate judge has ruled that a temp worker can claim back two years of holiday pay from her former employer after the U.K. Supreme Court ruled removed a limit barring pay claims that had more than a three-month gap between underpayments.
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November 18, 2024
HMRC's £167M Charges To Reuters Group Deemed Lawful
A London court backed HM Revenue & Customs in a case over more than £167 million ($212 million) in diverted profits tax charges issued to U.K. companies in the Thomson Reuters media group.
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November 18, 2024
Japanese Trader Says Ex-Manager Fired For Policy Breach
A Japanese securities trading giant has hit back against a claim for approximately £4.2 million ($5.3 million) by a former senior manager, saying it was entitled to dismiss him for disclosing a confidential employee complaint.
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November 18, 2024
Aldermore Analyst Loses Bid For Pay Over Alleged IP Breach
A bank analyst can't get compensation as she accuses Aldermore Bank of punishing her for whistleblowing about a data breach, after an employment tribunal ruled that her claims would likely fail at trial.
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November 18, 2024
Royal Mail Unfairly Dismissed Postman Over 'Air Kiss'
An employment tribunal has ruled that Royal Mail unfairly fired a postman after it failed to properly investigate accusations of sexual harassment against him and ignored his apology.
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November 18, 2024
Retailers Passed On Swipe Fees To Shoppers, Visa Says
Retailers suing Visa over charging unlawful interchange fees should get only limited damages because they mitigated their losses by passing on the cost of the fee to consumers, the card company told a tribunal on Monday.
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November 18, 2024
Fletchers Hits £100M Turnover Amid Personal Injury Boost
Fletchers Group said on Monday that it will continue to expand after its turnover hit the £100 million ($126.4 million) mark and revenues and profits soared by double digits in its latest financial results.
Expert Analysis
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Emissions And Extraction: Unpacking The Finch Ruling
In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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Unpacking The New Concept Of 'Trading Misfeasance'
In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Analyzing The Merits Threshold In Interim Injunction Ruling
In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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Decoding Plans To Simplify The Transfer Of Undertakings Law
The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.
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Decoding Arbitral Disputes: Intra-EU Enforcement Trends
Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.
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Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims
In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.
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Employer Lessons From Teacher's Menopause Bias Win
A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.
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Why Ukraine Aircraft Insurance Case Failed To Take Off In UK
In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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UK Supreme Court Confirms Limits To Arbitration Act Appeals
Every year, disappointed parties come out of U.K.-seated arbitrations and try to seek redress in the English courts, but the U.K. Supreme Court's recent decision in Sharp v. Viterra serves as a reminder of the strict restrictions on appeals brought under the Arbitration Act, says Mark Handley at Duane Morris.
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Examining The EU Sanctions Directive Approach To Breaches
In criminalizing sanctions violations and harmonizing the rules on breaches, a new European Union directive will bring significant change and likely increase enforcement risks across the EU, say lawyers at Hogan Lovells.
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Trends, Tips From 7 Years Of EPO Antibody Patent Appeals
Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.