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Commercial Litigation Updates

$55 Million Oil Tanker Hijacked and Bombed by Pirates

Published on: 25 January 2015 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The owners of a $55 million oil tanker, who claim that she was attacked in the Gulf of Aden by a band of pirates who set off a bomb in her engine room, leaving her dead in the water, have convinced a High Court judge that she was a constructive total loss (CTL).

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Assets Frozen in Alleged Brazilian Teak Forest Fraud

Published on: 06 January 2015 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A company (company A) which specialises in ecologically friendly investments has won an asset freezing injunction against those it accuses of perpetrating a £2.2 million fraud relating to a 35 hectare plot of Brazilian teak forest.

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Company Counts $4 Million Cost of Disastrous Currency Swaps

Published on: 30 December 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A company which engaged in disastrous currency swaps with an investment bank is facing up to a bill for more than $4 million after the High Court ruled that it could not escape liability by reason of the bank’s delay in calculating the sum due.

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Broker Fights for Super Yacht Sale Commission

Published on: 18 December 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Broker Fights for Super Yacht Sale Commission

At what point does an agent’s introduction of an eventual buyer become an ‘effective cause’ of the sale? The Court of Appeal will consider that vital issue as brokers battle for a 10 per cent commission on the €19.8 million sale of a super yacht.

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Enforcement Problems Posed by Multinational Groups

Published on: 02 December 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

In a telling illustration of the acute enforcement difficulties posed by the bewildering complexity of some multinational groups, a company’s hopes of recovering $350 million, which it was owed under the terms of a London arbitration award, have been dealt a serious blow by the High Court.

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Visa Strikes Crucial Blow in Competition Row with Retailers

Published on: 26 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Visa Strikes Crucial Blow in Competition Row with Retailers

High street retailers who claim that the charges they shoulder for accepting Visa card payments breach competition laws have suffered a serious blow to their case after a judge ruled out the majority of their very substantial damages claim on grounds of delay.

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Diamond Dealership Hit with Freezing Order over $25 Million Debt

Published on: 17 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

An international bank which claims to be owed more than $25 million by a Belgian diamond dealership, and is engaged in a worldwide hunt for assets to satisfy the debt, has won a High Court order freezing four London bank accounts.

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Music Industry Winning War on Piracy

Published on: 10 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The music industry would appear to be winning its long-running war against piracy after coming down hard on the operators of 21 websites who actively encouraged music lovers to download copies of hit songs in wholesale violation of copyright.

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Those Who Fund Commercial Litigation Must Take Rough With the Smooth

Published on: 05 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Those Who Fund Commercial Litigation Must Take Rough With the Smooth

Those who fund commercial litigation in the hope of profit should take note of a case in which financial supporters of a wholly unsuccessful claim to a stake in highly lucrative oil fields ended up facing legal costs bills in excess of £20 million.

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Disappointment for Tycoon Who Lost Millions on Executive Jet Purchase

Published on: 04 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Disappointment for Tycoon Who Lost Millions on Executive Jet Purchase

In a case which raised vital issues in respect of the personal legal responsibility of corporate officers, a tycoon who lost millions after buying an executive jet which he said did not come up to scratch will go uncompensated following a Court of Appeal ruling.

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Embattled Businessman Overturns £1.6 Million Freezing Order

Published on: 27 October 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A British businessman has succeeded in overturning a £1.6 million asset freezing order after the High Court expressed ‘serious doubts’ that he could in any way be held responsible for a multi-million-pound international fraud.

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Receivers Appointed in $300 Million Arbitration Dispute

Published on: 19 October 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A multinational company which ‘fought tooth and nail’ to avoid having to honour a $300 million arbitration award has paid a high price for its stance after the High Court compulsorily appointed receivers over a raft of its overseas assets.

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Surveyors Must Pay 32 Million Euros for Negligent Over-Valuation

Published on: 09 October 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Surveyors Must Pay 32 Million Euros for Negligent Over-Valuation

A firm of surveyors is facing up to a Euros 32 million compensation bill after over-valuing an office building during the pre-recession period when securitising commercial mortgages was all the rage and considered a sure-fire route to profits.

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Bitter Result for Disgruntled Employment Agency

Published on: 30 September 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A disgruntled employment agency which launched High Court proceedings after its biggest client dropped it and moved its custom elsewhere has won only modest damages after its accusations of fraudulent misrepresentation were rejected.

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Plastic Cupcake Stands Focus of Bitter eBay Dispute

Published on: 24 September 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Auctions website eBay is well known to be a battleground of fierce competition but rival sellers of plastic cupcake stands have fallen out so badly that they have taken their trade dispute to the High Court.

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Car Rental Giants at War over ‘Confusing’ Logos

Published on: 15 January 2015 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Car Rental Giants at War over ‘Confusing’ Logos

Giant car rental companies met head-to-head in court after both of them adopted a stylised lower case ‘e’ as their corporate logos. The High Court upheld trade mark infringement and passing off claims by one of them after finding that similarities between the logos created a likelihood of customer confusion.

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Iconic Ice Cream Van Design Rights Infringed

Published on: 01 January 2015 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A family company which for over 50 years has led the field in the manufacture of ice cream vans has won the right to substantial compensation after convincing the High Court that a rival business blatantly copied the design of its best-selling vehicle.

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Charterers Must Pay $186,000 Cost of Suez Canal Transit

Published on: 28 December 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Charterers Must Pay $186,000 Cost of Suez Canal Transit

Maritime trading in the horn of Africa can be a tricky business, as a ship charterer found out to its cost when its attempt to deliver a cargo to Djibouti was for months frustrated.

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Copyright Judge’s Eye for Fashion Deployed

Published on: 14 December 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Copyright judges are, it seems, expected to have an eye for fashion as well as the finer points of intellectual property law. A ‘tribal’ print used in a high street retailer’s dress range came under scrutiny as the High Court rejected claims that it had been copied from another fabric manufacturer’s design.

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Adjudicator ‘Had No Jurisdiction’ in £1.6 Million Contract Dispute

Published on: 01 December 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Many find adjudication a swift and cost-effective means of settling contract disputes. However, in one striking case, an adjudicator’s decision in a dispute relating to the installation of communications equipment on the London tube merely served to fire the starting gun on lengthy and expensive litigation.

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$179 Million Shipbuilding Dispute to Be Tried in London

Published on: 20 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

$179 Million Shipbuilding Dispute to Be Tried in London

In another example of high-value international litigation making its way to England’s Commercial Court – despite the bitter objections of one side – a Korean shipbuilder engaged in a $179 million contract dispute will have to submit to defending itself in London.

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Surveyors Defeat Victorian Asylum Over-Valuation Claim

Published on: 13 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Surveyors who were accused of negligently over-valuing the site of a crumbling Victorian mental asylum have fought off a multi-million-pound damages claim after the High Court ruled that they were not responsible for any loss the landowner suffered.

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Trade Mark Dispute Puts Spotlight on Google Advertising

Published on: 09 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

In a case which has the potential to change the face of Internet advertising, the Court of Appeal has opened yet another chapter in the marathon struggle between Interflora and Marks and Spencer over the latter’s use of Google’s AdWords service.

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Be Honest With Your Insurers, Or Lose Everything!

Published on: 05 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Be Honest With Your Insurers, Or Lose Everything!

In a guideline case which underlined the need for total honesty when communicating with insurers, the owners of a vessel which suffered more than Euros 3 million of damage in a near-sinking will go without a penny in compensation after one of its representatives told a reckless, and ultimately pointless, untruth.

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‘TOWIE’ Nightclub Fire £1 Million-Plus Damages Payout

Published on: 02 November 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A fire at well-known nightclub The Sugar Hut – where television show ‘The Only Way is Essex’ (TOWIE) was subsequently filmed – led to a rash of High Court litigation and a million-pound-plus damages award against insurance brokers.

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Not Every International Dispute Can Be Heard in England

Published on: 23 October 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

In a case which helped to define the limits of the Commercial Court’s power to rule upon international disputes, a company has comprehensively failed in its attempt to have its multi-million-euro breach of contract claim heard by an English judge.

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Fading Carpet Triggers £575,000 High Court Dispute

Published on: 14 October 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

When bespoke, charcoal grey, carpet tiles laid in a Swiss bank’s swish offices turned an unsightly shade of green when exposed to sunlight, the mishap triggered a spate of colourful – and costly – litigation.

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Guidance on Third Party Rights in Commercial Contracts

Published on: 06 October 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Guidance on Third Party Rights in Commercial Contracts

In a decision which clarified the position of third parties to commercial contracts, the High Court has blocked proposals to adjudicate a £4 million dispute concerning alleged flaws in the chilled water cooling system serving a new bank data hall.

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Insurance Brokers Cleared in Factory Fire Claim

Published on: 28 September 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Insurance Brokers Cleared in Factory Fire Claim

A burgeoning waste recycling company which turned out to be grossly under-insured following a devastating fire at its factory has failed to convince the High Court that the brokers who arranged the cover were negligent.

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Sale of Russian Oil Company at Root of $2 Billion Dispute

Published on: 15 September 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The sale of the Russian state’s interest in a major oil company almost 20 years ago lies at the root of an intricate $2 billion dispute between three enormously wealthy businessmen which will be litigated in New York after a judge refused to block the proceedings.

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