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Commercial Litigation UK
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April 15, 2025
MediaTek Gets Court To Speed Up Huawei FRAND Spat
Semiconductor giant MediaTek has convinced a London court to hurry along proceedings to determine fair, reasonable and non-discriminatory cross-licensing terms for a suit of 4G and 5G patents with Huawei.
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April 15, 2025
Justices Slam Thames Water For Rushing Rescue Plan OK
The Court of Appeal criticized Thames Water on Tuesday for putting the court system under "enormous pressure" to accommodate proposals for an emergency restructuring plan, as it published the full reasons for approving the 拢3 billion ($4 billion) loan.聽
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April 15, 2025
Lebanon Bank Trims Costs On Transfer Disclosure Ruling
A London judge has ruled a Lebanon-based bank has successfully argued for reducing the amount of information it must disclose regarding a jurisdictional challenge, after the lender refused to transfer 拢23.8 million ($31.5 million) of a U.K.-based Saudi national to his Swiss account.
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April 15, 2025
Santander Dodges 'Mortgage Prisoners' Claim From Couple
A London judge upheld on Tuesday a decision by a consumer complaints agency to reject a couple's claim that Santander kept them as "mortgage prisoners," declining to rule that the bank waived the time limit on the complaint.
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April 15, 2025
Fintech Biz Unfairly Fired Underperforming Sales Rep
A financial technology company unfairly dismissed a struggling sales rep by failing to highlight concerns over his performance until a week after it had already cut him loose, a tribunal has ruled.
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April 15, 2025
Ex-Fund Boss Loses Path To Fight $400M Ponzi Scheme Debt
The top appeals court for U.K. overseas territories refused on Tuesday to prevent liquidators from chasing a former hedge fund manager for聽a $400 million debt linked to a financier convicted of running a multibillion-dollar Ponzi scheme more than a decade ago.
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April 14, 2025
Arbitrator Services Co. Adds Chilean-Russian Panelist
Arbitrator support services company Arbitra International said it has added a Chilean-Russian lawyer to its global membership list of dispute panelists, saying her focus on Latin America and Russia-related matters will add to its growth in those two regions where it is seeing increased demand.
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April 14, 2025
Ex-Mitie Security Manager Fired Over Use Of CCTV Wins 拢31K
An employment tribunal awarded a former Mitie security manager 拢31,600 ($41,650) after the company fired him following a flawed investigation into his unauthorized use of closed-circuit聽television without clearly setting out its policy or explaining the alleged data breach.
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April 14, 2025
No Early Win For Hancock In Ex-MP's COVID Tweet Libel Case
Matthew Hancock lost a bid Monday to nix a libel claim from ex-Conservative MP Andrew Bridgen over a tweet in which the former health secretary described COVID-19 vaccine comments by the ex-lawmaker as antisemitic conspiracy theories.
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April 14, 2025
Ex-BGC Tax Adviser Admits Contempt In 拢23M Fraud Case
A former BGC Partners employee faces a potential jail sentence after admitting before a London judge Monday that he breached restrictions the court imposed after he committed a 拢23.5 million ($30.9 million) fraud against a subsidiary.
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April 14, 2025
Credit Suisse Ignored Greensill Risks, Softbank Tells Court
Softbank told the High Court Monday that Credit Suisse executives had "accepted the risks" that investors might not be paid at the time they agreed to cancel a trade with Greensill Capital in the lead-up to the finance firm's collapse.
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April 14, 2025
Costco OK To Fire Worker For Positive Breath Alcohol Tests
Costco has defeated a former staffer's claims of unfair dismissal after an employment tribunal ruled that she was "straw clutching" by denying scientific evidence that she had come to work under the influence of alcohol.
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April 14, 2025
Bank Of Ireland Can't Nix Investor's 拢60M Fraud Claim
Bank of Ireland has lost a bid to block a 拢60 million ($79 million) case alleging it deceived a property investor into taking out a multimillion-pound loan, with a London judge refusing to rule that the claim was brought too late.
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April 11, 2025
Trust Co. Can Email Docs In $149M Ukraine Award Dispute
A Manhattan federal judge has granted Madison Pacific Trust Ltd.'s request to let it serve a petition for the enforcement of a $149 million arbitral award against the founders of a Ukrainian grain exporter via email, finding that their physical whereabouts are unknown.
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April 11, 2025
Court Affirms Nix Of 拢2M VAT Refund For Cars' Data Devices
The British Court of Appeal affirmed Friday that a company wasn't entitled to recoup 拢2 million ($2.6 million) in value-added tax charged on the installation of event-data-recording devices in cars.
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April 11, 2025
Gowling Partner Revives Claim Against Ex-Boss At Credit Firm
A Gowling WLG partner on Friday rekindled her whistleblowing claim against her boss at a credit firm where she previously worked, convincing a London appeals judge that an earlier tribunal was wrong to let the executive off the hook.
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April 11, 2025
Sheikh Wins $5M Antiques Fraud Case Against Art Dealers
A Qatari royal on Friday won his $5.2 million case against a pair of art dealers, with a London court ruling that the duo could not defend claims that they misrepresented the provenance of antiques because they failed to disclose key evidence.
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April 11, 2025
Hilton Settles Hiring Dispute Over Sabbath Observance
The Hilton Belfast hotel has agreed to pay 拢10,000 ($13,000) to a man who claimed that the hotel rescinded its job offer because of his Judeo-Christian beliefs, the Equality Commission for Northern Ireland has said.
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April 11, 2025
Fintech Company Settles $28M Dispute With Tanzanian Bank
A London-based fintech company has settled its $28 million claim against a Tanzanian bank over an alleged breach of a licensing agreement by the bank overusing its foreign transaction facility without paying and allowing almost 21,000 agents access to its banking platform.
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April 11, 2025
Lessors Deny Jurisdiction Clause Breach In $10B Planes Case
A group of aircraft lessors have hit back at a counterclaim from insurers in a $10 billion dispute over payouts for planes stranded after Russia's invasion of Ukraine, arguing they haven't breached jurisdiction clauses with claims in England.
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April 11, 2025
Guardian Says Actor's Libel Claim Is 'Bizarre' And 'Childish'
The publisher of The Guardian newspaper argued at the end of a trial on Friday that it was "frankly inconceivable" that stories alleging actor聽Noel Clarke sexually harassed, abused and assaulted women for about 15 years were the result of a defamation conspiracy.
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April 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen law firm Michael Wilson & Partners reignite a 20-year dispute with a former director over an alleged plot to form a rival partnership, headphone maker Marshall Amplification sue a rival in the intellectual property court, and a commercial diving company pursue action against state-owned nuclear waste processor Sellafield. Here, 麻豆传媒360 looks at these and other new cases in the U.K.
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April 11, 2025
Hipgnosis Seeks To Revive Fee Dispute With Barry Manilow
A music rights company urged the Court of Appeal on Friday to revive its claims against Barry Manilow, arguing that it has a right to pursue previously nixed claims against the megastar singer-songwriter over a $1.5 million rights purchase fee.
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April 11, 2025
Tommy Robinson's Mental Health 'Deteriorating' In Prison
Counsel for far-right activist Stephen Yaxley-Lennon urged the Court of Appeal on Friday to reduce his 18-month sentence for contempt of court, arguing that prison conditions have caused a "demonstrable effect" on his mental health.
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April 11, 2025
Officer Loses Appeal Over Unapproved COVID-19 Leave
A former security officer has lost his appeal challenging a tribunal's decision to reject his claim for unfair dismissal after he took five weeks off during the COVID-19 pandemic to look after his vulnerable mother without permission.
Expert Analysis
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Landmark EU Climate Case May Shape Future Disputes
The European Court of Human Rights' recent hearing in its first-ever climate change case Agostinho v. Portugal, concerning human rights violation claims due to countries' failure to curb emissions, may develop the law on admissibility and guide future climate disputes before domestic courts, say Stefanie Spancken-Monz and Leane Meyer at Freshfields.
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Bias Claim Highlights Need For Menopause Support Policies
The recent U.K. Employment Tribunal case Rooney v. Leicester City Council, concerning a menopause discrimination claim, illustrates the importance of support policies that should feed into an organization's wider diversity, equity, inclusion and belonging strategies, say Ellie Gelder, Kelly Thomson and Victoria Othen at RPC.
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UK Case Offers Lessons On Hiring Accommodations
The U.K. Employment Appeal Tribunal recently ruled in Aecom v. Mallon that an employer had failed to make reasonable adjustments to an online application for an applicant with a disability, highlighting that this obligation starts from the earliest point of the recruitment process, say Nishma Chudasama and Emily Morrison at SA 麻豆传媒.
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Shifting From Technical To Clear Insurance Contract Wordings
Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.
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A Case For The Green Investment Regime Under The ECT
The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.
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How Employers Can Support Neurodiversity In The Workplace
A recent run of cases emphasize employers' duties to make reasonable adjustments for neurodiverse employees under the Equalities Act, illustrating the importance of investing in staff education and listening to neurodivergent workers to improve recruitment, retention and productivity in the workplace, say Anna Henderson and Tim Leaver at Herbert Smith.
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What's In The Plan To Boost Germany's Commercial Litigation
麻豆传媒yers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.
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What To Consider When Making Brand Sustainability Claims
A recent KMPG report shows that while consumers are actively seeking out sustainable products, most will also avoid brands caught misleading customers about their sustainable credentials, meaning companies must walk a fine line between promoting and exaggerating sustainability claims, says Iona Silverman at Freeths.
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Retained EU 麻豆传媒 Act Puts Employment Rights Into Question
The recent announcement that the equal pay for equal work provisions of the Treaty on the Functioning of the EU would not be repealed by the U.K. Retained EU 麻豆传媒 Act has created uncertainty as to whether key employment rights will be vulnerable to challenge, say Nick Marshall and Louise Mason at Linklaters.
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In Balancing Commerce And Privacy Interests, Consent Is Key
Although the European Commission's recent adoption of the EU-U.S. data privacy framework will make the use of tracking services with pixels easier, it highlights the significance of website visitor consent and the need for enterprises to provide users with complete and transparent information while adhering to all data protection regulations, say 脕ron Hegyi and M谩t茅 Dura at Sch枚nherr.
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UK Mozambique Ruling Will Have Int'l Ramifications
The recent U.K. Supreme Court judgment in Mozambique v. Privinvest considered for the first time stay proceedings under the Arbitration Act, offering guidance on whether claims are a "matter" within the scope of an arbitration clause, which could become a point of reference for foreign courts in the future, say lawyers at Herbert Smith.
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Recent Trends In European ESG-Related Shareholder Activism
New ESG reporting standards in the European Union, as well as recent climate change, board diversity and human rights cases, illustrate how shareholder activism may become more prominent in years to come as regulation and investor engagement continues to strengthen, say lawyers at Debevoise.
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Employer Due Diligence Lessons From Share Scheme Case
The Scottish Court of Session recently confirmed in Ponticelli v. Gallagher that the right to participate in a share incentive plan transfers to the transferee, highlighting the importance for transferee employers to conduct comprehensive due diligence when acquiring workforce, including on arrangements outside the employment contract's scope, say lawyers at McDermott.
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Construction Ruling Clarifies Key Payment Mechanism Issue
The English Technology and Construction Court's recent decision in Lidl v. Closed Circuit Cooling, clarifying when construction contracts' payment mechanisms must be fixed as a set period of time, should encourage both paying parties and payees to ensure that their contracts' payment deadlines are unambiguous, say Rebecca Williams and Jack Moulder at Watson Farley.
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Key Findings From 麻豆传媒 Commission Review Of Arbitration Act
The U.K. law reform body's recent arbitration standards recommendations to the government include a clarification of governing law, leave many areas unchanged, and include a surprise on discrimination, say Poonam Melwani and Claire Stockford at Quadrant Chambers.