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Commercial Litigation Updates

Holiday Website Row Leads to £40,000 Payout

Published on: 11 September 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Holiday Website Row Leads to £40,000 Payout

The owner of a successful holiday firm which suffered substantial disruption and loss when a third party ‘took control’ of the website it used, and attempted to put off its customers, has been awarded almost £40,000 in damages by the High Court.

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Wrangling Over Arbitrators’ Jurisdiction Not Worthwhile

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

Wrangling Over Arbitrators’ Jurisdiction Not Worthwhile

In a case which will have a depressing familiarity to many engaged in international commerce, a judge has questioned whether it was wise for parties to a shipping contract dispute to enter into a costly debate about the jurisdiction of arbitrators rather than getting on and settling their differences.

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‘Unsafe’ Oil Pipeline Device Sparks Contract Dispute

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

The manufacturers of an innovative electronic device used to de-scale oil pipelines are facing a multi-million-pound damages claim after the High Court refused to accept that the product matched up to industry safety standards.

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Clearing Banks Relieved by CHAPS ruling

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

In a crucial decision for the business community in general, and the banking industry in particular, the Court of Appeal has analysed the workings of the Clearing House Automated Payments System (CHAPS), through which half of the nation’s gross domestic product flows.

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Supreme Court Tackles Bribery Test Case

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

Supreme Court Tackles Bribery Test Case

In an important decision which tackled the thorny issue of bribery in the commercial context, the Supreme Court has ruled that agents who received payment from both sides in negotiations for the purchase of a luxury hotel must account in full for their Euros 10 million ill-gotten gain.

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NHS Hospitals PFI Ends in High Court Wrangling

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

A private finance initiative to provide state-of-the-art new facilities for two hospitals – which was supposed to herald 35 years of amicable relations between developers and an NHS Trust – ended in bitter litigation even before the project’s completion.

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Trade Mark Infringement Retailer Fights off Injunction Bid

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

A retailer which put its hands up and admitted passing off and breaching another company’s trade mark, by selling clothes bearing the latter’s logo, has escaped having to identify the supplier of the offending goods.

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£8 Million Awarded for Licensing Agreement Breach

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

A company which spent vast amounts of time and money developing plans to make and distribute a soft drink in Pakistan – only to have its licence to do so revoked at the eleventh hour – has been awarded more than £8 million in damages by the High Court.

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Law Firm Sues Government in £50 Million Contract Tendering Row

Published on: 16 July 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A bitterly disappointed law firm which bid unsuccessfully for public contracts worth up to £50 million is suing the government amidst accusations that the tendering process was undermined by manifest errors and unequal treatment.

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Takeover Deal Hit By £3.8 Million Skeleton in the Cupboard

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

A company which ended up more than £3.8 million out of pocket when it uncovered an unpleasant skeleton in the cupboard following a takeover deal can take at least some comfort after the High Court awarded it half of its money back.

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Ministry of Defence Wins Patent Dispute

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

A company that for years enjoyed great success in marketing a method of removing paint, varnish and biological growth from the outer hulls of boats has been stripped of its valuable patent at the behest of the Ministry of Defence (MoD).

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Design Rights Infringer Hit Hard in the Pocket

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

In a stern warning that those who breach intellectual property rights will be hit hard in the pocket, a company that sold more than £3 million worth of shower units which infringed a rival trader’s design rights has been ordered to pay more than £200,000 in damages.

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Reach of English Justice Not Without Limits

Published on: 11 June 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

In a case which underlined that the jurisdictional reach of the English courts is not without limits, the High Court has ruled in the context of a $67 million contract dispute that it has no power to issue attendance orders against foreign officers of overseas companies who are not physically present in England and Wales.

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Negligent Mooring Caused Shipping Accident

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

Negligent Mooring Caused Shipping Accident

The owners of a container ship which broke from its moorings in high winds and rammed a quayside crane were hit with a Euros 1.5 million bill after the High Court ruled that the accident was caused by the negligence of the ship’s master.

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Court Treads Border Between ‘Medicines’ and Food Supplements

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

In an important decision for pharmacists and the pharmaceuticals industry, the High Court has helped to define the controversial border between heavily regulated prescription medicines and food supplements that contain the same active ingredients.

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London Insurers Not Liable for Typhoon Ferry Sinking

Published on: 07 September 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

London Insurers Not Liable for Typhoon Ferry Sinking

When a passenger ferry sailed from an Asian port into the teeth of a typhoon, the result was not only a human catastrophe but an international dispute which culminated in a Court of Appeal ruling absolving reinsurers of any liability in respect of the vessel’s lost cargo.

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‘Anti-Competitive’ Pharmaceuticals Group Facing Litigation Avalanche

Published on: 25 August 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

‘Anti-Competitive’ Pharmaceuticals Group Facing Litigation Avalanche

A pharmaceuticals group which was fined more than Euros 330 million by the European Commission for anti-competitive conduct in relation to a drug used for treating heart disease is now also facing a tidal wave of litigation in the UK.

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Shirt Maker Triumphs in ‘PINK’ Trade Mark Dispute

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

High end Jermyn Street shirt maker Thomas Pink Limited has triumphed in a High Court trade mark dispute with 'sexy, mass market' retailers Victoria's Secret over the use of the word 'PINK' on the latter’s goods and shop fronts.

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Supreme Court Rules on Public Sector Tendering Row

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

In a case of interest to anyone engaged in commerce with the public sector, a company which failed to win a contract for the provision of medical services in Scotland has failed to convince the Supreme Court that it was unfairly treated.

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Proving a Breach of Duty Sometimes Not Enough

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

Proving a Breach of Duty Sometimes Not Enough

A High Court ruling on a bitter falling out between shareholders in a pharmaceutical research company clearly revealed that there is all the difference in the world between establishing a breach of duty and proving a tangible loss.

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Recession Over - But Lehman Brothers Litigation Continues

Published on: 31 July 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The recession may be over but that has not quelled the tide of litigation that followed the collapse of Lehman Brothers as the bank’s liquidators continue their task of recovering as much as possible from the ashes of the financial leviathan.

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Lenders Must Discharge Their Obligations Rules Court

Published on: 29 July 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Lenders Must Discharge Their Obligations Rules Court

It is normal for a commercial mortgage to contain a clause which forbids the letting of the property without the permission of the lender. Such clauses will generally have the usual rider that such permission is not to be unreasonably withheld.

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Corporate Consultants Win $300,000 Success Fee

Published on: 22 July 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Corporate consultants who assisted a company in seeing off a shareholder rebellion have won the right to a $300,000 success fee after a judge rejected arguments that they had done nothing to deserve such an unwarranted windfall.

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Builders Liable After Fire Destroys £4 Million Eco-Home

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

A couple who endured untold heartbreak when their £4 million eco-home burnt to the ground when it was close to completion have won the right to full compensation for their loss from a construction company involved in the project.

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Ukraine Export Restrictions Triggered Contract Dispute

Published on: 07 July 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

Ukraine Export Restrictions Triggered Contract Dispute

A contract dispute triggered by a decision of the Ukrainian authorities to restrict grain exports resulted in lengthy arbitration procedures and a High Court hearing, and culminated in a ruling that a shipping deal was prematurely terminated.

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Company ‘Dazzled’ in Euros 100 Million Investment Fraud

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

The High Court has come to the aid of a company which invested Euros 100 million after being taken in by fraudsters who promised ‘fabulous’ returns and even invoked the Vatican in their successful attempt to ‘dazzle’ experienced business people.

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High Court Spotlight on Bob Marley’s Musical Legacy

Published on: 16 June 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The musical legacy of reggae star Bob Marley came under the High Court spotlight as contenders fought it out over who owns the copyright in some of his best known works, including the international hit, ‘No Woman No Cry’.

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Property Developer Personally Liable for £1.7 Million Bank Debts

Published on: 08 June 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

A developer who reluctantly signed bank guarantees to secure his company’s debts at the height of the property boom is facing liabilities in excess of £1.7 million after failing to convince the High Court that he was subjected to economic duress.

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Aldi Stores Wins Hair Oil Passing Off Dispute

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

In a case which underlined that even striking similarities in the name and packaging of products may not be enough to establish passing off, Aldi Stores Limited defeated a claim brought by the manufacturers of a market leading hair oil who fiercely objected to a rival product appearing on supermarket shelves.

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Fund Managers’ Falling Out Triggered $3 Million Contract Dispute

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

In an extreme case of workplace malaise, a spectacular falling out between two fund managers who were jointly responsible for the investment strategy of a publicly listed private equity fund was the trigger for a $3 million High Court contract dispute.

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