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Commercial Litigation UK
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May 07, 2024
Court Of Appeal To Hear Secret Judicial Appointment Case
The Court of Appeal will hear a judge's challenge to a secretive part of the judicial appointment process that critics argue hinders efforts to diversify the bench, the GMB Union said on Tuesday.
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May 07, 2024
Plans To Expand Public Access To Court Docs 'Go Too Far'
Proposals to radically expand access for members of the public to court documents risk disproportionately burdening court staff and lawyers with work and could lead to additional costs, legal experts have said.
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May 07, 2024
Regeneron Hit With Eye Medicine Patent Challenge In UK
A biosimilars specialist and its licensing partner have challenged the validity of Regeneron's U.K. eye medicine patents amid their plans to market an alternative version, telling a London court that the medicine lacks inventiveness and is not worthy of protection.
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May 07, 2024
Apple Seeks To Block 'Hopeless' £853M Battery Class Action
Apple urged an appeals court on Tuesday to allow it to challenge a £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, arguing there is no evidence to support the "hopeless" claim.
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May 07, 2024
Bus Driver Gets £13K For Unfair Dismissal During Pandemic
A London bus driver who did not turn up to work for almost six months following the outbreak of COVID-19 has been awarded £13,400 ($16,810) after he was unfairly dismissed by his employer.
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May 03, 2024
Gov't Emission-Cutting Plan Falls Short In Court Again
Environmental campaigners on Friday successfully challenged the U.K. government's revised strategy for cutting greenhouse gas emissions, after a London court ruled that a minister approved the plan with a "mistaken understanding" that it would achieve its environmental targets.
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May 03, 2024
Headmaster, Teacher To Face Coworker's Discrimination Claim
An appeals tribunal has ruled that the headmaster and former colleague of a primary school teacher are both individually on the hook for her disability discrimination claims because an earlier tribunal wrongly found the discrimination needed to be deliberate.
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May 03, 2024
Ex-Post Office Lawyer Denies Concealing IT Bug From Court
A Post Office lawyer was told of a bug in the accounting system used to prosecute an innocent sub-postmistress days before her trial but did not disclose this to the court, according to documents submitted Friday to the inquiry into the Horizon IT scandal.
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May 03, 2024
Political Aide Asks Tribunal For Damages Over Unfair Sacking
A former Labour Party staff member argued for more than £200,000 ($250,000) in damages on Friday after she won her tribunal claim alleging that the MP she worked for had fired her after she blew the whistle on misconduct that included antisemitism.
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May 03, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.
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May 03, 2024
Arts Charity Sues Over Queen's Holographic Portrait
An arts charity has sued an artist for infringing the copyright it owns in a series of portraits it commissioned of the queen, claiming that he owes the organization £100,000 ($125,500) and substantial fees from unlicensed sales.
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May 03, 2024
Frasers Group Drops €50M Case Against Morgan Stanley
Retail giant Frasers Group PLC has withdrawn its €50 million ($54 million) legal claim in London against Morgan Stanley over a margin call of almost $1 billion on Hugo Boss stock options, the bank said Friday.
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May 03, 2024
Cable Makers Must Face Class Action From UK Energy Customers
Britain's antitrust court gave the go-ahead Friday for the former director of the U.K. gas regulator to lead a class action for millions of electricity customers in Britain against manufacturers of high-voltage power cables that are accused of fixing prices.
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May 02, 2024
Whistleblower Claims Would 'Destroy' Autonomy, GC Was Told
Autonomy's former U.S. general counsel testified Thursday in the criminal fraud trial of former CEO Michael Lynch that the company's chief operating officer didn't want a whistleblower's claims to get into court, telling him that while the "law" was on their side, "the facts look bad" and would "destroy Autonomy."
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May 02, 2024
Mastercard Appeals Jurisdiction Ruling In £10B Class Action
Mastercard argued to a London appellate court Thursday that a £10 billion ($12.5 billion) class action over its swipe fees should be governed by the law of the jurisdiction covering the bank that processed the payment, rather than the jurisdiction of the customers who suffered the loss.
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May 02, 2024
BofA Beats Whistleblower Claim Without Settlement Defense
An employment judge has ruled a whistleblower working for Bank of America did not breach the terms of a settlement when he brought fresh litigation against the bank — but still dismissed his claims for filing them too late.
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May 02, 2024
Insurers Don't Have To Cover Deal Soured Over Bribery Woes
A London appeals court on Thursday rejected a holding company's bid to overturn a ruling that found its insurers were not liable for losses it suffered when its acquisition of a construction contractor went south after bribery and corruption allegations.
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May 02, 2024
IBM Director Grilled Over Reverse Engineering Allegations
An IBM director faced questions on Thursday about his role in accusing a tech rival of breaching its customer agreement by claiming it reverse-engineered IBM software, with lawyers for the rival arguing he improperly terminated the customer contract.
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May 02, 2024
InterDigital Claims Munich Court Win In Lenovo SEP Spat
InterDigital said Thursday it has secured an injunction against Lenovo in Germany, with a Munich court ruling that Lenovo infringed an InterDigital patent deemed essential to 4G and 5G technology and was unwilling to agree to a fair license.
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May 02, 2024
Diabetic Worker Loses Timed Toilet Breaks Harassment Case
A diabetic former Mitsubishi air conditioning unit factory worker has lost his claim that a colleague harassed him by timing his trips to the toilet, with a tribunal ruling that he had waited too long to lodge his case.
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May 09, 2024
Dentons Hires Disputes Partner With Green Expertise
Dentons has hired an environmental litigation guru, who spent over a decade at Freshfields Bruckhaus Deringer LLP, to take up a partner position in its disputes team.
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May 02, 2024
Truck Aerodynamics Co. Sues Over Amazon Deal Loss
A truck aerodynamics company has accused a rival of modifying products that were being tested by Amazon, leading them to perform poorly and causing the company to lose out on a million-pound contract.
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May 02, 2024
Bayer Sues Dr. Reddy's In Latest Xarelto Patent Clash
Bayer has accused generic drugmaker Dr. Reddy's of selling blood thinning medication that infringes a dosage patent over its blockbuster drug Xarelto, marking the latest attempt by the pharmaceutical giant to stop challenges to its market share.
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May 02, 2024
Engineering Co. Fights For $10M Insurance Payout On Appeal
A French engineering company relaunched its fight on Thursday for a $10.4 million insurance payout to cover damage caused when a ship crashed into an oil platform, arguing on appeal that a lower court misinterpreted the wording of its policy.
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May 02, 2024
Chef Sexually Harassed By Manager's Lewd Song Wins £79K
A former hotel head chef has won almost £80,000 ($100,000) after a tribunal found that his manager sexually harassed him by singing a lewd song about unwanted sexual advances.
Expert Analysis
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Supreme Court Ruling Is A Gift To Insolvency Practitioners
As corporate criminal liability is in sharp focus, the Supreme Court's recent decision in Palmer v. Northern Derbyshire Magistrates' Court that administrators are not company officers and should not be held liable under U.K. labor law is instructive in focusing on the substance and not merely the title of a person's role within a company, say lawyers at Greenberg Traurig.
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Major EU AI Banking Ruling Will Reverberate Across Sectors
Following the European Court of Justice's recent OQ v. Land Hessen decision that banks' use of AI-driven credit scores to make consumer decisions did not comply with the General Data Protection Regulation, regulators indicated that the ruling would apply broadly, leaving numerous industries that employ AI-powered decisions open to scrutiny, say lawyers at Alston & Bird.
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English Could Be The Future Language Of The UPC
While most Unified Patent Court proceedings are currently held in German, the recent decisions in Plant-e v. Arkyne and Amgen v. Sanofi potentially signal that English will be the preferred language, particularly in cases involving small and medium enterprises, say lawyers at Freshfields.
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Arbitration Remains Attractive For Digital Disputes In 2024
Recent regulatory and digital forum developments highlight that, in 2024, arbitration will continue to adapt to new technologies, such as artificial intelligence and cryptocurrency, and remain an attractive forum for resolving digital disputes due to its flexibility, confidentiality and comparative ease to enforce cross-border awards, says Peter Smith at Charles Russell.
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Key Employer Lessons From 2023 Neurodiversity Case Uptick
The rise in neurodiversity cases in U.K. employment tribunals last year emphasizes the growing need for robust occupational health support, and that employers must acknowledge and adjust for individuals with disabilities in their workplaces to ensure compliance and foster a neurodiverse-friendly work environment, says Emily Cox at Womble Bond.
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A Look At 2023's Landmark Insolvency Developments
The insolvency landscape in 2023 witnessed pivotal court decisions that will continue to shape the industry in 2024, with a focus on refining director and administrator duties and obligations, and addressing emerging challenges, says Kerri Wilson at Ontier.
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Hague Judgments Treaty May Boost UK-EU Cooperation
The U.K.'s recent decision to sign the Hague Judgments Convention could help rebuild post-Brexit judicial cooperation with the EU by creating a holistic arrangement on mutual recognition and enforcement of judgments, say Patrick Robinson and Stephen Lacey at Linklaters.
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5 Key UK Employment Law Developments From 2023
Key employment law issues in 2023 suggest that topics such as trade union recognition for collective bargaining in the gig economy, industrial action and menopause discrimination will be at the top of the agenda for employers and employees in 2024, say Merrill April and Anaya Price at CM Murray.
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Emerging Trends From A Busy Climate Litigation Year
Although many environmental cases brought in the U.K. were unsuccessful in 2023, they arguably clarified several relevant issues, such as climate rights, director and trustee obligations, and the extent to which claimants can hold the government accountable, illustrating what 2024 may have in store for climate litigation, say Simon Bishop and Patrick Kenny at Hausfeld.
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Key 2024 Arbitration Trends In A Changing World
As key sectors such as ESG and the global mining and commodities market will continue to generate more arbitration in 2024, procedural developments in arbitral law will both guide future arbitration proceedings and provide helpful lessons on confidentiality, disclosure and professional duty, say Louise Woods and Elena Guillet at V&E.
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2024 Will Be A Busy Year For Generative AI And IP Issues
In light of increased litigation and policy proposals on balancing intellectual property rights and artificial intelligence innovation, 2024 is shaping up to be full of fast-moving developments that will have significant implications for AI tool developers, users of such tools and rights holders, say lawyers at Mishcon de Reya.
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Regulating Digital Platforms: What's Changing In EU And UK
Lawyers at Mayer Brown assess the status of recently enacted EU and U.K. antitrust regulation governing gatekeeper platforms, noting that the effects are already being felt, and that companies will need to avoid anti-competitive self-preferencing and ensure a higher degree of interoperability than has been required to date.
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Dyson Decision Highlights Post-Brexit Forum Challenges
The High Court's recent decision in Limbu v. Dyson, barring the advancement of group supply chain claims against Dyson subsidiaries in the U.K. and Malaysia, suggests that, following Brexit, claims concerning events abroad may less frequently proceed to trial in England, say lawyers at Debevoise.
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9 Takeaways From The UPC's First 6 Months In Session
Six months after its opening, the Unified Patent Court has established itself as an appealing jurisdiction, with its far territorial reach, short filing deadlines and extremely quick issuance of preliminary injunctions showing that it is well-prepared to provide for rapid legal clarity, says Antje Brambrink at Finnegan.
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How Boards Can Mitigate Privacy, Cybersecurity And AI Risks
In 2023, data privacy, cybersecurity and AI persist as prominent C-suite concerns as regulators stepped up enforcement, and organizations must develop a plan for handling these risks, in particular those with a global footprint, say lawyers at Latham.