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Commercial Litigation UK
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October 15, 2024
Wyndham Says Vacation Group Awaze Withheld TM Royalties
Hotel chain operator Wyndham has told a London court that a vacation group that it licensed its trademarks to as part of the purchase of Wyndham's European holiday rentals business cannot unilaterally reduce its royalty payments following an internal reorganization.
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October 15, 2024
Aircraft Lessor Sues Qatar Airways For $93M Airbus Payments
An Irish aircraft leasing company has sued Qatar Airways Group for more than $93 million, saying the airline has stopped paying it rent for two Airbus planes.
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October 15, 2024
Shipping Repair Co. Chases AXA For £950K In Fire Damages
A ship repair and maintenance company has hit AXA's U.K. business with a court claim, alleging the insurer failed to pay out over £950,000 ($1.24 million) for the company's losses from a fire at its head office.
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October 15, 2024
AXA Argues For Group Extension In Foreign Unit Tax Fight
AXA told the Court of Appeal on Tuesday that a limitation ruling in a test case against HMRC over taxes collected under a violation of European Union law had a "binding effect" on follower claims in a group litigation order.
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October 15, 2024
Disabled Court Worker Wins £48K Over Early Start Time
An employment tribunal has ruled that a charity discriminated against a court worker by refusing to acknowledge that her anxiety made her disabled and failing to push back her working hours by 30 minutes.
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October 15, 2024
Bankers Say WSJ Articles Used Criminal Data In GDPR Claim
Two investment bankers alleged Tuesday that Wall Street Journal articles on court proceedings in the Cayman Islands falsely suggested they defrauded nearly $1 billion from a Chinese entrepreneur, in an early stage of their London claim against the publisher.
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October 15, 2024
Royal Mail OK To Ax Disabled Staffer Who Could Not Do Job
Royal Mail did not discriminate against a former postal worker when it dismissed him after his chronic pain condition left him unable to fulfill his duties, a tribunal has ruled.
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October 15, 2024
StanChart Wins UK Test Case Over Alternative To Libor Rate
Standard Chartered PLC on Tuesday was granted permission by a London court to use an alternative to the defunct London interbank offered rate to help set the interest it pays on $750 million in shares, without having to repay the investment now.
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October 15, 2024
Ex-Premier Leaguer Fights Man City For £11M After Arrest
The private life of Benjamin Mendy "is not on trial," his counsel told a tribunal Tuesday as the former Premier League player fights to force Manchester City to pay him £11 million ($14.4 million) the club withheld after his arrest on rape charges.
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October 15, 2024
Theater Biz Fights To Revive Allianz COVID-19 Cover Claim
A theater operator asked an appellate court Tuesday to revive its COVID-19 business interruption cover claim against Allianz, arguing that a lower court was wrong to rule that its policy did not include losses stemming from government lockdowns.
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October 22, 2024
Ex-A&O Lawyer Brings Int'l Expertise To Twenty Essex
A former solicitor at Allen & Overy LLP has joined Twenty Essex Ltd. alongside her existing position at an Australian barristers set to bolster the London chambers' team of experts in international disputes.
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October 15, 2024
Lidl Asks Court For Damages In Clubcard Infringement Case
Lidl has launched a bid to claw back alleged losses from Tesco over the branding of its loyalty pricing program, after a London court ruled that the Clubcard logo of the U.K. retail giant infringed the German discounter's trademark.
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October 15, 2024
ENRC Settlement Shows SFO Ready To Draw Line Under Past
The Serious Fraud Office's recent settlement ending litigation with Eurasian Natural Resources Corp. over alleged misconduct by its officials sidesteps weeks of awkward testimony to free the agency to pursue its growing caseload while drawing another line under its blighted investigation into the miner.
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October 15, 2024
Barclays Challenges UK Motor Finance Ruling In Test Case
Barclays launched a legal challenge Tuesday against a decision that found it had treated a consumer unfairly by paying a commission to a car finance broker, in a test case with potential implications for future complaints over motor financing arrangements.
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October 14, 2024
RAF Officer Can't Challenge Military Complaints Process
The Ministry of Defence won its bid on Monday to block claims by a squadron leader that it mishandled her sex discrimination and harassment allegations, after an appellate judge ruled that employment tribunals could not hear a challenge to the military's internal complaints process.
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October 14, 2024
Lloyd's Insurers Reject £43M Claim Over Solar Station Flaws
Seven Lloyd's of London underwriters have denied that they are liable for £43.3 million ($56.5 million) sought by two companies over losses that stem from deals to buy solar generating stations, saying the businesses were aware of the problems with the sites they acquired.
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October 14, 2024
Ex-Director Hits Back At Simply Natural 'Hostile' TM Claim
A former director of Simply Naturals has denied signing a deal that transferred trademarks he owned for "Sizzling Minerals" over to the vitamin company, claiming that he is the target of a "hostile campaign" waged by two of its current directors.
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October 14, 2024
Eye Doc Can't Claim Whistleblowing Led To Unfair Treatment
An employment tribunal has dismissed an orthoptist's claims that a hospital treated her unfairly after she raised concerns about poor care of patients, because the information she revealed did not amount to whistleblowing.
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October 21, 2024
Covington Hires ICO's General Counsel For London Office
Covington & Burling LLP has recruited the head of the legal service at the Information Commissioner's Office to join its competition team in London amid growing challenges for clients that operate in digital markets.
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October 14, 2024
Employee Sacked Over Alleged Aggressive Email Wins Claim
An administrative manager at a one-on-one education service has won almost £10,000 ($13,000) after a tribunal found that her boss did not follow protocol to fire her after she sent an allegedly aggressive and intimidating email to a colleague.
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October 14, 2024
New Sexual Harassment Law To Alter Work Safety For Good
Employers must assess the risk that staff will be sexually harassed and ensure they have preventative policies and procedures in place as they prepare for an incoming duty which, lawyers say, will be a watershed in workplace health and safety provision.
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October 14, 2024
Toy Co. Founder Denies Copying Bratz Doll Maker's Design
The founder of a toy company denied on Monday that his product was a copy of "LOL Surprise" dolls by MGA Entertainment Inc. as he accused the Bratz maker giant of killing his product with baseless patent infringement claims.
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October 14, 2024
African Bank Sues Engineering Biz For $111M In Unpaid Debt
One of Africa's largest trade banks has sued Kaztec Engineering Ltd. for $111 million, accusing the Nigerian business of failing to pay back a loan it used to acquire oil assets in the country.
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October 14, 2024
Photo Print Co. Denies Infringing Nail-Free Frame Patent
The company behind a photo printing app has hit back at allegations that it is selling a copycat version of a sticky-back picture frame which is protected by patent, alleging that the rival design does not meet the criteria for such protection.
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October 14, 2024
Rockhopper Insures Against Italy Annulling €190M Award
British energy company Rockhopper Exploration PLC said Monday that it has penned an insurance policy to cover the potential annulment of the €190 million ($207 million) arbitral award it won against Italy after the country banned oil and gas projects off its coastline.
Expert Analysis
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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UK Arbitration Ruling Offers Tips On Quelling Bias Concerns
An English court's recent decision in H1 v. W to remove an arbitrator because of impartiality concerns offers several lessons on mitigating bias, including striking a balance between arbitration experience and knowledge of a particular industry, and highlights the importance of careful arbitrator appointment, says Paul-Raphael Shehadeh at Duane Morris.
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UK Amazon Ruling Spotlights TM Rights In International Sales
Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.
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UK Courts Continue To Struggle With Crypto-Asset Cases
Although the common law has proved capable of applying established principles to crypto-assets, recent cases highlight persistent challenges in identifying defendants, locating assets and determining jurisdiction, suggesting that any meaningful development will likely come from legislative or regulatory change, say Emily Saunderson and Sam Mitchell at Quadrant Chambers.
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Why Computer Evidence Is Not Always Reliable In Court
Recent challenges to the admissibility of encrypted communication from the messaging tool EncroChat highlight the flawed presumption in the U.K. common law framework that computer evidence is always accurate, and why a nuanced assessment of such evidence is needed, say Sam De Silva and Josie Welland at CMS Legal.
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Lessons On Using 3rd-Party Disclosure Orders In Fraud Cases
The expansion of the gateway for service out of jurisdiction regarding third-party information orders has proven to be an effective tool against fraud since it was introduced in 2022, and recent case law offers practical tips on what applicants should be aware of when submitting such orders, says Rosie Wild at Cooke Young.
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Bias Ruling Offers Guidance On Disqualifying Arbitrators
An English court's recent decision in H1 v. W, removing an arbitrator due to bias concerns, reaffirms practical considerations when assessing an arbitrator's impartiality, and highlights how ill-chosen language by an arbitrator can clear the high bar for disqualification, say Andrew Connelly and Ian Meredith at K&L Gates.
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Employer Lessons From Ruling On Prof's Anti-Zionist Views
In Miller v. University of Bristol, an employment tribunal recently ruled that a professor's anti-Zionist beliefs were protected by the Equality Act 2010, highlighting for employers why it’s important to carefully consider disciplinary actions related to an employee's political expressions, says Hina Belitz at Excello Law.
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Design Rights Can Build IP Protection, EU Lego Ruling Shows
The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.
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ECJ Ruling Clarifies Lawyer Independence Questions
The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.
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Unpacking The Law Commission's Digital Assets Consultation
The Law Commission recently published a consultation on recognizing a third personal property category to accommodate the development of digital assets, highlighting difficulties with current models of property rights and the potential consequences of considering digital assets as personal property, say Andrew Tsang and Tom Bacon at BCLP.
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1st Appellate Ruling On Digital Terms Sets Tone For Disputes
The Court of Appeal's recent ruling in Parker-Grennan v. Camelot, the first appellate decision to consider how online terms and conditions are publicized, provides, in its tone and verdict on incorporation, an invaluable guide for how to approach similar disputes in the digital space, says Eddy Eccles at Covington.
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Insurance Policy Takeaways From UK Lockdown Loss Ruling
An English court's recent decision in Unipolsai v. Covea, determining that insurers' losses from COVID-19 lockdowns were covered by reinsurance, highlights key issues on insurance policy wordings, including how to define a "catastrophe" in the context of the pandemic, says Daniel Healy at Brown Rudnick.
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How Employers Should Respond To Flexible Work Requests
U.K. employees will soon have the right to request flexible working arrangements from the first day of employment, including for religious observances, and refusing them without objective justification could expose employers to indirect discrimination claims and hurt companies’ diversity and inclusion efforts, says Jim Moore at Hamilton Nash.
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What COVID Payout Ruling Means For Lockdown Loss Claims
While the High Court's recent COVID-19 payout decision in Gatwick v. Liberty Mutual, holding that pandemic-related regulations trigger prevention of access clauses, will likely lead to insurers accepting more business interruption claims, there are still evidentiary challenges and issues regarding policy limits and furlough, say Josianne El Antoury and Greg Lascelles at Covington.