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Commercial Litigation UK
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May 20, 2024
EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row
Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.
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May 20, 2024
Pharma Cos. Drop Appeal At Top Dutch Court
The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.
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May 20, 2024
Barristers Blast Lack Of Data As Remote Hearings Decline
The Bar Council on Monday reported a "significant and steep decline" in the number of remote court hearings taking place since the peak of COVID-19 and condemned the "staggering" lack of data available to assess their effectiveness.
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May 20, 2024
Collapsed Firm Escapes Fine For Making Unapproved Claims
The solicitors' watchdog for England and Wales on Monday waived a £65,300 ($83,000) fine for a shuttered law firm that submitted claims without clients' approval, scrapping the penalty to safeguard the outfit's creditors.
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May 20, 2024
Civil Servants Lose Fight To Relaunch Age Bias Case
A group of 20 civil servants lost its bid Monday to revive claims that a redundancy compensation scheme was unjustifiably biased against older employees, with an appeals tribunal ruling that a lower court correctly found their case to be vexatious.
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May 20, 2024
Rugby Players Still Can't Join Forces For Concussion Claims
A London judge declined again on Monday to combine negligence claims brought by almost 300 former rugby players, as governing bodies for the sport argued they had only just become aware of more medical evidence about conditions allegedly caused by repeated concussions.
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May 20, 2024
Lessors File Russia-Stranded Planes Cases After Major Ruling
Two aircraft lessors have filed details of claims against insurers in London for a combined total of $62.1 million over planes stranded in Russia because of the invasion of Ukraine after a landmark ruling tossed attempts to move the cases and others to Russia.
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May 20, 2024
SRA Can't Block £75K Costs Order For Flawed Case
The Solicitors Regulation Authority has failed to stave off a £75,000 ($95,000) order as a London court ruled that a tribunal was right to award a solicitor costs for the watchdog's "fundamentally flawed" misconduct allegation against her.
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May 20, 2024
Property Manager Refused Sick Days Wins £31K
A letting agency must pay a former employee £31,000 ($39,361) for unlawfully firing her after an employment tribunal found the chief executive refused to allow sick days and remote working for her endometriosis.
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May 20, 2024
Tribunal OK To Halt Sea Captain's Case Ahead Of Court Ruling
A tribunal did not misstep by pausing a ship captain's claim against his ex-employer while awaiting a ruling from a court on his ability to bring the case in England, an appeals judge has ruled.
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May 20, 2024
Judge Approves Bankruptcy Order On Ex-Axiom Ince Chief
A judge approved on Monday a bankruptcy order against the former head of Axiom Ince Ltd. after the now-collapsed law firm failed to pay monthly installments for its acquisition of Ince.
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May 20, 2024
Crypto 'Inventor' Used Court As Vehicle For Fraud, Judge Says
A London court ruled Monday that the man who claimed to be Satoshi Nakamoto in a weekslong trial lied extensively and committed forgery "on a grand scale," finding that the computer scientist had used the courts as a "vehicle for fraud."
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May 17, 2024
Fla. Investor Says Mining Co. Froze His Shares In Costly Error
An investor and former employee of a Canadian mining company alleged breach of fiduciary duty and negligence against the business, saying in a lawsuit in Florida federal court that he was wrongfully prevented from selling his shares and lost money when the stock price dropped following an unfavorable arbitration ruling.
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May 17, 2024
Imprisoned Oligarch Partly Wins Bid To Expand $14B Claim
An imprisoned Russian billionaire partly succeeded in a London court Friday in adding new allegations to his $13.8 billion claim alleging his business empire was fraudulently taken in a wide-ranging Russian state conspiracy.
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May 17, 2024
Law Firm Beats Temp Receptionist's Discrimination Claims
A law firm in southern England fended off several disability discrimination and harassment claims from a temporary receptionist, after an employment tribunal ruled she wasn't legally disabled.
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 17, 2024
Red Bull Fends Off 'Gives You Wings' TM Challenge
Red Bull has beaten a challenge to its "Gives You Wings" trademark after the energy drink giant convinced an appellate panel at the European Union Intellectual Property Office that it had genuinely used the trademark to promote the beverage.
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May 17, 2024
Unite, GMB Unions Lose Pay Claim Against Housing Co.
More than 100 trade union members at a housing association have lost their employment tribunal claim accusing their employer of ducking out of pay negotiations after the tribunal found the charity did not intend to "narrow" the negotiations.
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May 17, 2024
Sports Direct Loses Newcastle Replica Kit Injunction Bid
Sports Direct has failed to force Newcastle United to stock its stores with replica kits of the Premier League football club, as an appeals court found Friday that the damage caused by a wrongly granted injunction would be "more fundamental" to the club.
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May 17, 2024
Risk For Employers As Bar For Protected Belief Claims Shifts
Employees face a low bar to gaining legal protection for objectionable views, as lawyers say it has become almost impossible for employers to distinguish philosophical beliefs akin to religion from politicized public debates.
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May 17, 2024
Sanctions Ruling Clarifies Force Majeure Contractual Rights
A decision by Britain's highest court that a shipowner could reject a client's attempt to sidestep payment restrictions imposed by U.S. sanctions has implications for disputes over force majeure clauses sparked by the effects of those measures, the war in Ukraine and the COVID pandemic on supply chains.
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May 17, 2024
Exec Was Fired Because His Wife Had Cancer, Tribunal Rules
The head of sales for a Hong Kong software company has won more than £90,000 ($114,000) after he was fired because his wife had terminal breast cancer.
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May 17, 2024
Disabled NHS Therapist Loses Forced Resignation Claim
A therapist has lost all her claims against an NHS trust after an employment tribunal ruled that her bosses had done their best to accommodate her disabilities during the COVID-19 pandemic.
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May 17, 2024
Post Office Used Womble Bond To Avoid Looking Like 'Bullies'
The Post Office retained Womble Bond Dickinson in a civil case brought by victims of the Horizon scandal because a more aggressive law firm might make it look like "bullies," an executive for the organization told an inquiry Friday.
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May 17, 2024
Local Authorities Bid To Toss Truck Makers' Pass-On Defense
A lawyer acting for 136 local authorities across the U.K. urged a tribunal on Friday to prevent European truck manufacturers from arguing that they passed on higher costs allegedly paid for vehicles through higher tax and service charges for residents.
Expert Analysis
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Series
In A 'Barbie' World: Boosting IP Value With Publicity Machines
Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.
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EU Directive Implementation Facilitates Class Action Shift
Lawyers at Faegre Drinker discuss the increase in class and consumer action filings leading up to the implementation of the EU's Collective Redress Directive, and predict that certain aspects of the directive will result in a pro-claimant landscape that may mirror that of the U.S. and other common law countries.
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Swiss Privacy Law Reforms Present Divergences From GDPR
The differences between Switzerland’s recently reformed Federal Act on Data Protection and the EU's General Data Protection Regulation, particularly around data breach reporting and the liability of company officers, will need to be carefully managed by multinationals that may have competing obligations under different laws, say Kim Roberts and Vanessa Alarcon Duvanel at King & Spalding.
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EU Antitrust Rules Set To Pose Challenges To US Businesses
With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.
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Navigating The Rising Threat Of Greenwashing Enforcement
Recent high-profile cases before the Danish Consumer Ombudsman are a signal that authorities are ready to take robust action against greenwashing, and with a likely increase in the stringency of laws and severity of penalties, it is vital that businesses promoting their sustainable credentials do so in a compliant manner, says Lars Karnøe at Potter Clarkson.
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New Legislation May Not Be Needed For Recovery Of Crypto
The recent seizure of cryptocurrency under a civil recovery order raises the issue of whether extended powers under the forthcoming Economic Crime Bill are necessary, with the ability to seize crypto-related items that may be the subject of a search order more likely to be of assistance, says Nicola McKinney at Quillon Law.
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Opinion
Russia Ruling Should Lead UK To Review Sanctions Policy
The High Court's recent dismissal of the first-ever court challenge to Russian sanctions in Shvidler v. Secretary of State sets a demanding standard for overturning designation decisions, highlighting the need for an independent review of the Russia sanctions regime, says Helen Taylor at Spotlight on Corruption.
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UPC Revocation Actions Offer An Attractive Patent Strategy
As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.
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Pension Plan Amendment Power Lessons From BBC Ruling
The High Court's recent ruling in BBC v. BBC Pension Trust upheld an unusually restrictive fetter on the pension scheme's amendment power, which highlights how fetters can vary in degrees of protection and the importance of carefully considering any restriction, says Maxwell Ballad at Freeths.
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5 Takeaways For Litigants From Early EU Patent Court Ruling
One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.
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What To Know About The EU Residency Scheme Changes
The U.K. government recently announced extensions to residency status under the EU Settlement Scheme, which is a net positive for U.K.-EU relations and will be welcomed by those affected, including employers concerned about losing employees with expired permission, say Claire Nilson and Abilio Jaribu at Faegre Drinker.
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High Court Dechert Ruling Offers Litigation Privilege Lessons
While the recent High Court ruling in Al Sadeq v. Dechert LLP, which concerned torture conspiracy allegations against the firm, held that litigation privilege can be claimed by a nonparty to proceedings, the exact boundaries of privilege aren't always clear-cut and may necessitate analyzing the underlying principles, says Scott Speirs at Norton Rose.
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What To Know About AI Fraudsters Before Facing Disputes
The potential of artificial intelligence to augment fraudsters' efforts is arguably unprecedented, so lawyers will swiftly need to become familiar with the fundamentals of AI to deal with it in the context of disputes, says Daniel Wyatt and Christopher Whitehouse at RPC.
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UK Insolvency Reform Review Shows Measures Are Working
The U.K. Insolvency Service's recently published review of legislative reforms to the corporate insolvency regime demonstrates that despite being underutilized, the measures have been shown to help viable companies survive, and with the current difficult economic environment, will likely be an important aspect of organizational restructuring going forward, says Kirsten Fulton-Fleming at Taylor Wessing.
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More UK Collective Actions On The Horizon After Forex Ruling
A U.K. appeals court's recent decision in Forex case Evans v. Barclays is likely to significantly widen the scope of opt-out collective proceedings that can be brought, paving the way for more class actions by prospective claimants who have previously been unable to bring individual claims, say Robin Henry and Tamara Davis at Collyer Bristow.