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Commercial Litigation UK
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April 15, 2024
AGA Accused Of Trying To 'Control' Aftermarket With IP Claim
A company that makes and fits electronic conversion kits for AGA Cookers has told a London court that the high-end oven maker's copyright and trademark claim is just a bid to control aftermarket sales for its units.
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April 15, 2024
Naftogaz Urges Court To Uphold $5B Award Against Russia
Ukraine's state-owned oil company has hit back at Russia's bid in D.C. federal court to toss its attempt to enforce a $5 billion arbitral award it won after its Crimean assets were seized following Russia's annexation of the peninsula, saying the court has jurisdiction over the case.
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April 15, 2024
Real Estate Plans Were £50M Ponzi Scheme, Investors Say
Over 400 real estate investors said two British men ran a U.K.-wide fraud akin to a Ponzi scheme at a London trial of their £50 million ($62.3 million) claim Monday, arguing the men had made false promises about the returns the investments would generate.
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April 15, 2024
Broker Hit With £15M Claim Over Mexican Reinsurance Policies
A Mexican reinsurance broker and one of its clients are suing a London-based broker for more than £14.8 million ($18.4 million), claiming that one of the U.K. company's agents faked documents for nonexistent reinsurance arrangements and pocketed the proceeds.
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April 15, 2024
Rastafarian Ex-Army Band Player Wins Race Bias Case
A former British Army horn player has won his racial discrimination case against the Ministry of Defence, with a tribunal concluding that officers stereotyped him as an "angry Black man" and dismissed his complaints about racist treatment.
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April 15, 2024
No Quid Pro Quo In Thank You Posts, Fired Journalist Says
A sports journalist fired after publicly thanking a company that was a corporate sponsor of his charity fundraising efforts argued to an employment tribunal Monday that there was "no quid pro quo" that compromised the BBC.
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April 15, 2024
SRA Accuses Lawyer Of Profiting From Client Loans
A solicitor profited from his clients' financial difficulties by convincing them to enter into financial arrangements for his benefit, the Solicitors Regulation Authority told a tribunal Monday.
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April 15, 2024
Prison Governor Loses Claim He Was Excluded From Union
A prison governor lost his claim against a trade union that refused to let him join its ranks twice because he had held key positions in another union that competed with it, an employment tribunal has ruled.
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April 15, 2024
Prince Harry Ordered To Pay Gov't Costs In Security Case
A London judge has ordered Prince Harry to pay 90% of the government's legal costs and refused him permission to appeal after he lost his challenge to its decision to downgrade his taxpayer-funded security when he quit his royal duties.
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April 15, 2024
AML Exec Loses Bid For Interim Pay In Whistleblowing Case
The co-founder of a London-based payments platform provider has lost his bid to be paid his £190,000 ($237,000) salary while he pursues a whistleblowing and unfair dismissal claim against the company.
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April 15, 2024
Skat Kicks Off £1.4B London Trial Against British Trader
A British trader was accused Monday of being the "mastermind" behind a fraudulent trading scheme that cost the Danish tax authority £1.4 billion ($1.7 billion) at the start of a year-long High Court trial.
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April 15, 2024
Trainee Solicitor's Bid To Claim SQE Fees From Ex-Firm Fails
A trainee solicitor cannot recoup fees for her legal qualification examinations from her former employer, with a tribunal finding that she failed to prove that the law firm had agreed to pay the fees.
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April 15, 2024
Avoiding Legal Pitfalls In M&A Deferred Pricing Deals
One of the worst markets for M&A dealmaking in a decade has spawned innovative pricing models such as deferred consideration arrangements for buyers and sellers to come to terms, but lawyers warn that these agreements have to be watertight to protect against future litigation.
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April 13, 2024
Newcastle Beats Sports Direct's Kit Injunction Bid
The Competition Appeal Tribunal has dismissed Sports Direct's request for an injunction to force Newcastle United to stock its stores with the soccer club's replica kits after a rival retailer was given an exclusive supply deal.
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April 12, 2024
CJEU Grand Chamber To Hear Patent Jurisdiction Referral
The EU's highest court is set to hear arguments on whether a member state has authority to hear patent invalidity defenses for foreign patents, in a rare instance of a patent referral made to the court's 15-judge grand chamber.
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April 12, 2024
US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds
U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.
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April 19, 2024
Morgan Lewis Bolsters Munich Office With Partner Hire
Morgan Lewis & Bockius LLP has hired the Munich office managing partner of Reed Smith LLP to shepherd its expanding global disputes practice.
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April 19, 2024
Lewis Silkin Brings Back Disputes Pro From Hausfeld
Lewis Silkin LLP has rehired a technology and insolvency expert from Hausfeld LLP in a bid to boost its commercial disputes practice.
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April 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.
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April 12, 2024
John Lewis Beats Muslim Worker's Discrimination Claim
Department store John Lewis has beaten accusations that it discriminated against a Muslim employee, but it botched the process for sacking him, a tribunal has ruled.
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April 12, 2024
Abbott Loses Bid To Nix UK Whistleblowing Case On Appeal
An appeals tribunal has rejected Abbott Laboratories' bid to escape a whistleblowing case brought by the founders of a British DNA technology business that it bought, concluding on Friday that the founders had an arguable case that U.K. judges had jurisdiction.
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April 12, 2024
Temp Engineer Must Pay £27K For 'Vexatious' Behavior
An employment tribunal has ordered a temp to pay thousands of pounds in litigation costs for bringing a claim he knew he would lose, having previously failed to show on three other occasions that he was an employee or a worker.
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April 12, 2024
Denmark's £1.4B Tax Fraud Trial Heads For 'Uncharted Waters'
Denmark will open its £1.4 billion ($1.7 billion) dividend fraud case in London on Monday, beginning a yearlong trial that will have wide implications for other disputes arising out of the cum-ex trading scandal that has swept Europe.
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April 12, 2024
Sky Managers Can't Appeal Dismissal Case On New Grounds
Two former Sky store managers cannot reargue their claim that the company owes them money following a mandatory change of role, an appeals tribunal has ruled, blocking them from raising a challenge on grounds that did not come up in the original case.
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April 12, 2024
Apple Loses Bid To Toss $1B App Maker Charges Case
The Competition Appeal Tribunal refused on Friday to toss a £785 million ($996 million) proposed class action by app developers against Apple over commission payments after finding that the claimants had a real shot at showing that the case was governed by U.K. law.
Expert Analysis
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The UK's Pursuit Of Simplified Holiday Leave Calculations
The British government's recent proposed amendments to the Working Time Regulations, which simplify statutory holiday entitlement calculations for part-year workers, demonstrate an intent to mitigate the confusing implications of the U.K. Supreme Court's 2022 ruling in Harpur Trust v. Brazel, but more clarity may be needed, say Josie Beal and Megan Simpkins at Birketts.
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Examining The New UK Service Guidance For TM Proceedings
A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.
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Navigating The UK's New Information Litigation Landscape
Guidance as to which kinds of data protection claims can be brought and what level of compensation can be achieved in different circumstances is beginning to appear, and the recent High Court cases of FGX v. Gaunt and Driver v. Crown Prosecution Service in particular demonstrate the range of what may be awarded, says Claire Williams at Mills & Reeve.
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UK Ruling Clarifies Standard To Be Used In Sanctions Reviews
In distinguishing the statutory threshold of “reasonable grounds to suspect” under the U.K. sanctions regime, the U.K. High Court recently dismissed Synesis v. Secretary of State for Foreign Affairs, the first delisting case to come before the U.K. courts, say Liam Lane at Peters & Peters and Joseph Sinclair at Mountford Chambers.
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Crypto And The Potential For Insider Dealing Offense
Recent cases have raised concerns about crypto providing new opportunities for insider dealing, and while it isn't more vulnerable to schemes than any other security, the lack of regulation and the newness of the technology exasperate its susceptibility to insider trading and potential criminal offense, say Adam Craggs and Alice Kemp at RPC.
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A Look At M&S' Registered Design Claim Win Against Aldi
Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.
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UK Int'l Fraud Ruling Highlights Jurisdictional Complexities
A London court’s recent ruling in the Harrington and Charles Trading case, which grappled with a billion-dollar fraud spanning multiple jurisdictions, shows the frequent complexities the English court is faced with in deciding the most appropriate forum to hear claims, say Suzanne Loding and Nathan Capone at Fieldfisher.
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UK Ruling Guides On Appropriation Of Financial Collateral
While a London court’s recent ruling in ABT Auto Investments v. Aapico sets out practical guidelines for enforcement of security over financial collateral by appropriation — particularly amid a breakdown of relations with the collateral provider — a recently proposed bill could mean the future of this method is in question, say Bruce Johnston and Paul Denham at Morgan Lewis.
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ClientEarth Claim May Expand Scope Of Directors' Duties
In using litigation to hold Shell’s board of directors to account for failing to properly prepare for the net-zero transition, ClientEarth’s actions represent a shift in climate change activism strategy and an unprecedented application of directors’ duties as a mechanism to drive change, say Marlene Henderson and Danielle De Val at Browne Jacobson.
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Lacoste Flexible Working Ruling Acts As Alert To Employers
In light of the U.K. Employment Appeal Tribunal decision in Glover v. Lacoste and the government’s commitment to make flexible working requests an employment right, employers are well advised to ensure that those handling the requests receive training on the process and the risk of indirect discrimination, says Amanda Steadman at BDBF.
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UK Teva Ruling Brings Patent Remedy Into Question
Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.
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Why UK Bitcoin Ruling Is Important To The Digital Asset World
The recent U.K. Court of Appeal decision in Tulip Trading v. Van der Laan, as the first to consider the scope of fiduciary duty in cryptocurrency software development, is a significant ruling with wide-ranging implications for the international crypto community, say Ellen Keenan-O'Malley and Mark Lubbock at EIP.
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EU Investors May Find Remedy In Foreign Antisuit Injunctions
In a duo of recent cases, a D.C. federal court called antisuit injunctions "strong medicine" against Spain's attempt to deprive the court of its jurisdiction, and may have prescribed just what the doctor ordered for European Union investors seeking to enforce intra-EU claims, say Gregory Williams and Tatiana Sainati at Wiley.
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Volatile Energy Prices Complicate Int'l Arbitration Damages
In the turbulent global energy market, international arbitration is a crucial tool for resolving cross-border disputes — but determining how, if at all, to account for recent energy price spikes when quantifying damages presents many challenges for tribunals, say attorneys at White & Case.
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Pitfalls Lawyers Should Avoid When Correcting Their Mistakes
When solicitors make mistakes that cause prejudice to their clients, they will need to carefully consider whether they should try to fix their mistake, as trying to put things right may expose them to potential regulatory action, says Andrew Pavlovic at CM Murray.