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Commercial Litigation UK
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October 25, 2024
Chambers Assistant Can Pursue Disability-Related Claims
An employment tribunal has ruled that an assistant practice manager at 3 Bolt Court Chambers suffered from severe anxiety and depression when she was fired, allowing her to bring disability-related claims against her bosses.
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October 25, 2024
Deutsche Bank Wins £360K Costs From Trader In Bonus Row
A London judge Friday ordered a former Deutsche Bank trader to pay more than £360,000 ($467,000) as an early payment of the bank's legal costs after she lost her breach of contract case over assurances allegedly given about her compensation.
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October 25, 2024
Pfizer Loses Hemophilia Gene Therapy Patent Row To UniQure
A London court held Friday that uniQure's patent covering hemophilia gene therapy is valid because the specific protein it uses is not obvious, and that Pfizer infringed the patent with the development of its own version of the treatment.
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October 25, 2024
Baker McKenzie Lawyer Fined For Refusing Breathalyzer Test
A Baker McKenzie lawyer who was convicted for refusing to take a roadside breath test after being pulled over by the police was fined £2,500 ($3,250) by the Solicitors Disciplinary Tribunal on Friday.
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October 25, 2024
BHP, Vale Reach $32B Brazil Dam Settlement Amid UK Trial
Mining giant BHP announced Friday that the Brazilian government has signed off a final $31.7 billion settlement package to compensate communities devastated by the collapse of a dam nine years ago.
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October 25, 2024
Commerzbank Can Pursue Staffer For Fake Sex Assault Claim
A London court ruled Friday that a former Commerzbank AG analyst will face contempt of court proceedings after making false sexual assault allegations against a colleague as part of his failed harassment case against the bank.
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October 25, 2024
Chubb Not On Hook For News Staffer's Discrimination Claim
Chubb is not liable for a discrimination claim by a former news company staffer because her employer's insurance policy ruled out liability for wrongful employment practices, a tribunal has ruled.
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October 24, 2024
Abbott Rival Exec Defends Diabetes Monitor Shape In TM Fight
The chief operating officer of medical device manufacturer Sinocare Inc. told a London court Thursday he "never imagined" that Abbott Laboratories could have trademarked a circular shape for a diabetes monitor that is at the center of copying allegations.
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October 24, 2024
Heineken Faces €160M Claim After Dutch Market Abuse Ruling
Heineken was held jointly liable for its Greek subsidiary abusing its dominant position to hold back competitors by a Dutch court, paving the way for a rival brewery to press home its over €160 million ($173 million) antitrust claim against the beer giant.
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October 24, 2024
Union Threatens First-Ever Private Case Over Museum Strike
A trade union threatened on Thursday to launch a private prosecution against the security contractors for London's Science and Natural History museums if they hire agency workers to replace workers who plan to strike during the busiest week of the year.
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October 24, 2024
EU Court Upholds Annulment Of Intel's €1B Antitrust Fine
Computer chip giant Intel Corp. has beaten the European Commission's €1.06 billion ($1.14 billion) fine against it after the European Union's highest court ruled that a lower court could invalidate the EU administrative arm's conclusions, ending a long-running legal battle over the 2009 fine.
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October 24, 2024
Judiciary Won't Make Panels The Exception For Bias Cases
Most discrimination and whistleblowing cases will continue to be heard by a full panel after the judiciary backed away from a plan to tackle the employment tribunals' crippling backlog by making it the default for judges to hear cases alone.
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October 24, 2024
Tribunals Increasingly Using WhatsApp Evidence, Study Finds
The number of employment tribunals using WhatsApp messages as evidence nearly trebled between 2019 and 2023 to reach 427 hearings, a law firm's study revealed Thursday.
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October 24, 2024
Lloyd's Affiliate Broker Sued For $33M Over Yacht Fire Damage
A Dubai-based insurance broker has sued a Lloyd's of London-accredited broker for more than $33.3 million over claims the latter failed to place adequate reinsurance cover that left the Dubai broker exposed after a fire broke out a Qatari shipyard, damaging three yachts.
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October 24, 2024
Russian Airline Kept Jets To Avoid Unrest, Lessor Exec Says
A Siberian regional airline had to retain leased aircraft after the Russian invasion of Ukraine to avoid "social unrest," an executive for one of the aircraft lessors suing their insurers told a London trial Thursday.
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October 24, 2024
Daimler Can't Get European 'Trucks You Can Trust' TM
Vehicle manufacturer Daimler has lost its appeal to win a trademark for the phrase "Trucks You Can Trust," after a European Union court found the mark was purely promotional.
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October 24, 2024
Property Co. Pays £300K After Dropping Ex-PM Adviser Libel
A family that runs a London property management business has dropped its libel case against a former adviser to ex-prime ministers David Cameron and Theresa May and paid a legal bill of more than £300,000 ($390,000), the adviser told Law360 Thursday.
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October 24, 2024
Monster Energy Sends Rival's 'Insomnia' TM Appeal To Bed
Monster Energy has stopped a rival from salvaging its green "Insomnia Energy" trademark at a European Union court, proving that the logo unfairly leans on the reputation of its familiar "M" branding.
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October 24, 2024
EU Law Trumps International Copyright Provisions
Europe's top court ruled Thursday that its member states cannot implement certain provisions of international copyright law for applied art in the EU, harmonizing protections for designs across the bloc.
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October 23, 2024
Top Human Rights Court Slams Russia Over Int'l Media Rule
An international court has ruled Russia is violating the right to freedom of expression enshrined in European human rights law by forcing independent media organizations to apply "foreign agent" labels to their content in an attempt to discredit them.
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October 23, 2024
Ex-Business Partners Deny Deceiving Investors For £12M
Two former business partners have denied deceiving investors about how much money was required to set up a specialist bank and said the investment company suing the lender was prepared to invest regardless.
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October 23, 2024
Police Not Liable For Ice Road Deaths, Top UK Court Rules
The U.K.'s highest court ruled Wednesday that English police had not negligently caused the deaths of two men who died in a road collision due to black ice, ruling that the police officers did not have a duty of care to prevent harm to drivers.
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October 23, 2024
Custom Electronics Maker Sued For £11.8M Contract Breach
A vehicle safety company has accused a bespoke electronics maker of breaching a contract to supply exclusively designed vehicle products, suing for £11.8 million ($15.3 million) for going over its head to attract other customers.
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October 23, 2024
Carnival Wins Redo Of Axed Staffer's Maternity Bias Case
Cruise operator Carnival has won the chance to reargue a former staffer's claim that it unfairly made her redundant while she was on maternity leave, convincing an appeals tribunal that an earlier judge wrongly held that there were suitable alternative roles.
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October 23, 2024
British Actuary Claims Regulator Favors Indian Nationals
A British actuary told an appeals court Wednesday that the public body for the profession in the U.K. racially discriminated against him by providing more favorable arrangements to Indian nationals.
Expert Analysis
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Sanctions Ruling Opens Door For Enforcer To Clear Up Rules
In Vneshprombank v. Bedzhamov, the High Court recently argued against a broader interpretation of the test on reasonable suspicion for asset freezes, offering the Office of Financial Sanctions Implementation an opportunity to clarify when freezes should be applied and respond to judicial criticism of its guidance on financial sanctions, says Tasha Benkhadra at Corker Binning.
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How Gov't Response Addresses Investment Act Concerns
The government’s recently published response to a call for evidence on the National Security and Investment Act is largely appropriate to stakeholder concerns raised and demonstrates in its five areas of focus that it is willing to respond to live issues, say lawyers at Watson Farley.
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UPC Appeal Ruling Clarifies Language Change Framework
In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.
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How Generative AI Can Enhance Disclosure Review Processes
As recent developments show that implementing artificial intelligence in legal processes remains a critical challenge, the disclosure process — one of the most document-intensive legal exercises — presents itself as a prime use-case, illustrating how generative AI can supplement traditional technology-assisted review, say lawyers at Macfarlanes.
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Decoding Arbitral Disputes: The Benefits Of Non-EU Venues
In Spain v. Triodos, a Swedish appeal court recently annulled an intra-EU investment treaty award, reinforcing a growing trend in the bloc against enforcing such awards, and highlighting the advantages of initiating enforcement proceedings in common law jurisdictions, such as the U.K., says Josep Galvez at 4-5 Gray's Inn Square.
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Experian Ruling Helps Cos. Navigate GDPR Transparency
In Information Commissioner v. Experian, the Upper Tribunal recently reaffirmed the lawfulness of the company's marketing practices, providing guidance that will assist organizations in complying with the GDPR’s transparency obligations, say lawyers at Jenner & Block.
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Salvaging The Investor-State Arbitration System's Legitimacy
Recent developments in Europe and Ecuador highlight the vulnerability of the investor-state arbitration framework, but arbitrators can avert a crisis by relying on a poorly understood doctrine of fairness and equity, rather than law, to resolve the disputes before them, says Phillip Euell at Diaz Reus.
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UK Trademark Law May Further Diverge From EU Standards
The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.
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Clarity Is Central Theme In FCA's Greenwashing Guidance
Recent Financial Conduct Authority guidance for complying with the U.K. regulator's anti-greenwashing rule sends an overarching message that sustainability claims must be clear, accurate and capable of being substantiated, say lawyers at Cadwalader.
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How Clinical Trials Affect Patentability In US And Europe
A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.
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ECHR Ruling May Pave Path For A UK Climate Damage Tort
In light of case law on the interaction between human rights law and common law, the European Court of Human Rights' recent ruling in KlimaSeniorinnen v. Switzerland, finding the country at fault for failures to tackle global warming, could tip the scales toward extending English tort law to cover climate change-related losses, say lawyers at Cleary.
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Disciplinary Ruling Has Lessons For Lawyers On Social Media
A recent Solicitors Disciplinary Tribunal judgment against a solicitor for online posts deemed antisemitic and offensive highlights the serious sanctions that can stem from conduct on social media and the importance of law firms' efforts to ensure that their employees behave properly, say Liz Pearson and Andrew Pavlovic at CM Murray.
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The Art Of Corporate Apologies: Crafting An Effective Strategy
Public relations challenges often stop companies from apologizing amid alleged wrongdoing, but a recent U.K. government consultation seeks to make this easier, highlighting the importance of corporate apologies and measures to help companies balance the benefits against the potential legal ramifications, says Dina Hudson at Byfield Consultancy.
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What UK Supreme Court Strike Ruling Means For Employers
Although the U.K. Supreme Court recently declared in Mercer v. Secretary of State that part of a trade union rule and employees' human rights were incompatible, the decision will presumably not affect employer engagement with collective bargaining, as most companies are already unlikely to rely on the rule as part of their broader industrial relations strategy, say lawyers at Baker McKenzie.
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Taking Stock Of The Latest Criminal Court Case Statistics
The latest quarterly statistics on the type and volume of cases processed through the criminal court illustrate the severity of the case backlog, highlighting the need for urgent and effective investment in the system, say Ernest Aduwa and Jessica Sarwat at Stokoe Partnership.