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Commercial Litigation Updates

Concrete Escape Into Sewer Not a Nuisance

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

In a test case which entailed authoritative analysis of the law of nuisance, a water company whose sewer was blocked by concrete in a freak accident has failed to convince the Court of Appeal that it is entitled to compensation for its loss.

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Bribery in International Contracts Confronted

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

In a case which confronted head-on the burning issue of bribery in international contract negotiations, a company which was awarded over £12 million by arbitrators has successfully defended itself against accusations that it obtained the underlying contract through the payment of sweeteners.

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Executive ‘Stole’ £12 Million from Employers

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

Executive ‘Stole’ £12 Million from Employers

In a salutary warning to companies that the honesty of even the most senior staff cannot always be relied upon, an executive who ripped off millions from his employers to pay for his palatial manor house home has been condemned as a forger and a fraudster by the High Court.

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Former Listed Company CEO Accused of $135 Million Frauds

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

The Court of Appeal has narrowly upheld an asset freezing injunction issued against the former chief executive officer (CEO) of a Stock Exchange-listed company who vehemently denies involvement in alleged $135 million frauds.

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High Court Rules on Ill-Fated Oil Shipping Contract

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

High Court Rules on Ill-Fated Oil Shipping Contract

An international trading relationship that ‘got off to a bad start’ continued in the same vein with disputes over money, the arrest of a vessel at an Iranian port and, after much contractual wrangling, a High Court ruling which did not fully satisfy either party.

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Mis-Drafting of Partnership Agreement Leads to £1.6 Million Award

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

A leading firm of solicitors has been ordered to pay more than £1.6 million in damages for professional negligence after a busy lawyer misunderstood or misremembered his client’s instructions when drafting a partnership agreement.

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$1.9 Million Award for Medical Device Contract Breach

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

A company that was deprived of the opportunity to make substantial profits through the distribution of a novel medical device when its contract to do so was unlawfully terminated has been awarded damages of more than $1.9 million by the High Court.

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Intellectual Property in Construction Drawings Upheld

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

In an important decision for the construction industry, the High Court has upheld the intellectual property rights of a subcontractor in design and other technical drawings for a flagship petroleum studies and research centre in the Middle East.

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High Court Declines Jurisdiction in $318 Million Insolvency Dispute

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

In a case of interest to anyone engaged in cross-border litigation, the High Court has declined jurisdiction in a big money insolvency dispute on the basis that the courts of Saudi Arabia are ‘clearly and distinctly a more appropriate forum’ for the matter to be heard.

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‘Betty Boop’ Cartoon Character Trade Marks Infringed

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

‘Betty Boop’ Cartoon Character Trade Marks Infringed

The corporate heirs of American cartoonist Max Fleischer have triumphed in breach of trade mark and passing off claims against those engaged in selling merchandise in the UK and Europe bearing the image of his best loved character, Betty Boop.

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‘Trunki’ Designer Suffers Crushing Design Rights Defeat

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

In a case which will strike fear into the hearts of manufacturers and creators of novel products, leading designer Rob Law suffered a crushing blow when the Court of Appeal exposed his phenomenally successful Trunki ride-on children's suitcase to a deluge of competition from a discounted rival.

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Contract, Not Trade Association Rules, Paramount Rules Court

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

A contractual clause that has been relied upon by cotton traders for more than 100 years came under the legal spotlight as the High Court overturned an arbitration award of more than $720,000 in respect of a sale of goods contract.

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Victim of Fraudulent Sales Pitch Wins £230,000

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

Victims of extravagant claims made by sales personnel can take encouragement from a case in which an accountant who was duped into ploughing money into a disastrous tax avoidance scheme won back more than £230,000 from a saleswoman who convinced him with her slick PowerPoint presentation.

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Glee for Club Group as Court Backs Trade Mark Infringement Claim

Published on: 12 February 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The owner of a group of entertainment venues which trade as 'the Glee Club' has been successful in its claim that the successful US television show 'Glee' has infringed its trade mark, which was registered in 1999.

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Cambodian Land Fraud Victim Wins Back $1.75 Million

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

In a telling example of friendship not forming a sound basis for financial dealings, a retired pharmacist who lost $1.75 million when a neighbour and fellow golf club member inadvertently delivered him into the arms of a Cambodian fraudster has won his money back at the Court of Appeal.

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Government of Gibraltar Triumphs in Contract Dispute

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

The High Court has ruled that the Government of Gibraltar (GoG) was entitled to and did effectively terminate a very substantial contract for the design and construction of a road and tunnel under British Overseas Territory’s airport runway after the project was hit by extreme delays.

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Corporate Financiers Lose Commission on £28 Million Deal

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

A corporate finance company that arranged funding of £28 million for a prestigious construction project – but was later kept in the dark and deliberately side-lined from the deal – has failed to convince the High Court that it is entitled to a £980,000 commission for the work that it put in.

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What is a ‘Construction Contract’? – Court Gives Guidance

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

In a decision which helps to define the legal concept of a ‘construction contract’, the High Court has dismissed an attack on the jurisdiction of an adjudicator who awarded more than £800,000 to a subcontractor engaged in fabricating and installing pipe-work for a biomass combined heat and power plant.

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Court Deprecates Attack on Arbitrators’ Factual Findings

Published on: 03 April 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

The High Court has deprecated the increasing number of cases in which dissatisfied parties to arbitration proceedings inappropriately seek to utilise Section 68 of the Arbitration Act 1996 to challenge findings of fact made against them.

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Arbitration Gordian Knot Must Be Cut Pleads Judge

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

In a striking example of an arbitration award merely firing the starting gun on years of intractable litigation, the High Court has lamented that, almost a decade after a contractor was awarded more than $99 million, not a penny has yet been paid.

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Court Guidance on Road Accident Car Hire Charges

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

Court Guidance on Road Accident Car Hire Charges

A minor road accident which caused less than £3,000 worth of damage gave rise to a Court of Appeal test case on the burning issue of credit vehicle hire agreements, and a decision of critical importance to the motor insurance industry.

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Injunctions in Contract Disputes - Overall Justice Prevails

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

In a guideline decision, the Court of Appeal has ruled that the requirements of overall justice can sometimes trump the long-established principle that, in contract disputes, injunctions to restrain threatened breaches will only be granted where damages would not be an adequate remedy.

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Was $486,000 Bank Loan to a Lawyer or His Firm?

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

An American lawyer who was named as the personal recipient of a $486,000 bank loan nevertheless persuaded the High Court that he had an arguable case that it was not him, but the financially troubled firm in which he was a partner, that was the true borrower.

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Engineers Not Liable for Prestige Flats Flood Damage

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

Engineers Not Liable for Prestige Flats Flood Damage

An engineering firm has narrowly escaped substantial liability for a serious flood that struck a newly completed block of prestige central London flats after a high-speed surge through its cold water supply caused pipes to dramatically burst asunder.

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Wind Turbine Accident Triggers Rash of Litigation

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

Wind Turbine Accident Triggers Rash of Litigation

In a classic example of an incident that lasted just seconds giving rise to international litigation on a grand scale, a mishap in which an 87-tonne wind turbine fell off a lorry and embedded itself in an Irish peat bog gave rise to two sets of proceedings in England and another in Denmark.

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Litigants Warned Against ‘Dicing With Procedural Death’

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

A local authority that ‘diced with procedural death’ after launching proceedings against allegedly negligent architects hard up against the expiry of the relevant limitation period has had its substantial claim struck out by the Technology and Construction Court.

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Ted Baker Plc Triumphs in Employee Thefts Claim

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

Ted Baker Plc Triumphs in Employee Thefts Claim

An Internationally renowned fashion company whose business suffered due to a spate of clandestine warehouse thefts by a trusted employee has triumphed in a marathon legal tussle with insurers who disputed their liability to cover the loss.

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$84 Million Awarded in Cross-Border Bonds Tussle

Published on: 12 February 2014 | in categories: Legal Updates | Commercial Litigation Updates | News and Updates

$84 Million Awarded in Cross-Border Bonds Tussle

In a case which raised issues in respect of cross-border litigation, an international bank which acted as trustee of a series of bonds, worth $80 million, issued to an Indian oil and gas exploration company has been granted summary judgment for the entire sum owing, after the latter defaulted on interest payments.

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‘Energy From Waste’ Invention Dispute

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

‘Energy From Waste’ Invention Dispute

A businessman who accused the scientist inventors of an innovative and potentially highly lucrative ‘energy from waste’ process of reneging on their agreement to exploit it through his company has failed to convince the High Court that they violated their fiduciary duties and acted in breach of contract.

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Hollywood Studio Infringed ‘Glee Club’ Trade Mark

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

In a case which reveals that relative corporate minnows can succeed in upholding their intellectual property rights against much larger companies, the High Court has ruled that the giant Hollywood studio behind the hit television show ‘Glee’ infringed the trade mark of a long-established chain of stand-up comedy clubs.

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