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Advantage Litigation

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A recent independent report by London-based litigation analytics specialists Solomonic has highlighted a fall in the number of litigation actions taking place in the UK’s commercial courts, following steady growth in the preceding five previous years.

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Global tech giant Apple is likely to face a group-action claim over multiple problems and failures of the displays on its popular MacBook Pro range. Apple, one of the ‘big 5’ global technology companies and the first US company to be valued at over $1 trillion, is the defendant in a complaint filed in a California district court that alleges a number of breaches of state and federal consumer protection laws, in addition to fraudulent concealment.

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The ongoing coronavirus Covid-19 crisis continues to impact on UK civil litigation hearings with a recent High Court decision meaning that the largest ever class action claim can proceed remotely. Whilst such remote hearings may be seen as a means to an end during the current lockdown conditions, once such hearings become the ‘new normal’, the impact on how civil litigation claims are conducted is likely to be huge.

In addition to the dreadful effects on global human health and wellbeing, the ongoing coronavirus Covid-19 crisis is also having a seismic economic impact on businesses and organisations operating in all sectors and in all countries. As a by-product of this economic upheaval, commercial and civil lawyers are predicting an tsunami of legal actions in all jurisdictions as businesses’ and individuals turn to the courts for compensation resulting from Covid-19 related illness, death and economic disruption.

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The Covid-19 coronavirus crisis has gripped the UK for the past couple of months, impacting greatly on all areas of life from frontline healthcare through to closed businesses and furloughed staff. The effect on economic activity has been, and will continue to be, seismic; but as living in the Covid-19 world starts to become ‘the new normal’, what are the an individual’s or a businesses’ legal rights when it comes to goods and services that have not been received or that have been cancelled due to the pandemic?

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A recent study conducted by Wolverhampton University has shed light on the growing level of claims and commercial activity around insolvency litigation in the UK. The report shows that there has been a 50% increase in the value of insolvency claims in the past five years. This large increase can mainly be attributed to 2012’s Legal Aid, Sentencing and Punishment of Offenders ACT (also referred to as the LASPO act), after which lawyers success fees under a conditional fee arrangement and any after the event (ATE) insurance premiums were no longer recoverable from the defendant.

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An important decision has recently been in the UK’s Volkswagen group litigation claim that is good news for the 91,000 claimants who are seeking compensation from the German motor manufacturer.

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Comments made by a High Court judge recently have highlighted some of the complexities involved when using litigation funding to back large commercial claims. The comments, by Mr Justice Nugee, were made during the latest stage of the Ingenious Litigation, in which a large number of investors are attempting to recover losses incurred following investments in so called ‘film-schemes’ – schemes that were initially promoted and sold as a highly tax-efficient form of investment, but more recently have been deemed as inappropriate by HMRC. The investor claims have been made against a number of Ingenious entities and against financial advisors who originally recommended the schemes, with litigation funding being provided to support the claim by Therium.

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In a move that underlines much of the UK government’s strategy with regard to legal and standards conformation post-Brexit, Downing Street has recently confirmed that it would not become a member of the EU’s forthcoming Unified Patent Court (UPC) and its associated unitary patent.

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A British couple who ended up losing their appeal following a claim against an architect (and former friend) over the free landscaping advice she provided are facing a huge legal bill for costs.

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A survey conducted by the Nesta Challenges, as part of its Legal Access Challenge, has highlighted concerns amongst many UK businesses that the ability to take effective legal action for commercial & business disputes is far too focussed on big business or those with significant financial resources.

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Manchester United and England footballing legend David Beckham, also famous for being married to former Spice Girl Victoria Beckham, is facing a trademark infringement dispute with Italian professional football club Inter Milan.

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When a solicitor begins the process of preparing a civil litigation claim for professional negligence, one of the most common questions their Client will ask is ‘how much compensation should I expect’? Whilst the short answer could be ‘how long is a piece of string’ (which is not very helpful, of course!), once the nature of the claim and the amount of financial loss suffered as a result of the negligence has been established, it should be fairly straightforward to establish the amount that can be claimed for.

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Following a recent High Court appeal judgement, infrastructure support services provider Amey are set to receive £4m in compensation from West Sussex County Council due to a disputed highways contract procurement process.

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The contemporary UK litigation sector now allows for a variety of alternative options when it comes to resolving commercial, business and personal legal disputes. Known as Alternative Dispute Resolution (‘ADR’), it is worth being aware of the options available and which may be best suited for your individual circumstances.

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As well as dominating the recent UK news agenda, it would seem that the new life that the Duke and Duchess of Suffolk are planning is already facing a potential legal battle over the ownership of their ‘Sussex Royal’ trademark.

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Before the Event Insurance – commonly shortened to “BTE”- is an insurance policy that is purchased by a business or individual that is designed to cover legal costs in the event of them needing to make a claim or should a claim be made against them. Whilst you can purchase BTE insurance as a ‘standalone’ policy, it is more commonly included with a range of business or personal insurance products. As with most types of insurance, the cover that a BTE policy provides can vary and is vital that the policy cover, and its limitations, are fully understood before buying a policy.

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In news that has pleased the stock market in London, litigation funding providers Burford Capital have recently announced that the class action claim made by its investors has been abandoned. The class action claim had originally been made via by New York based investor claims specialists Rosen Law, with the legal action alleging that Burford, one of the world’s largest litigation funders, had made false and/or misleading statements on its financial returns.

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One of the UK’s largest class action claims has recently settled after three years of legal argument and rancour. The parties in the Bates v Post Office group litigation announced in early December that the claim has been settled, with the Post Office admitting “we got things wrong in our dealings with a number of postmasters”.

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An apparently mundane car part, the gearbox, is at the centre of a legal dispute involving a very rare - and very expensive – Ferrari

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Latest News

  • A recent independent report by London-based litigation analytics specialists Solomonic has highlighted a fall in the number of litigation actions taking place in the UK’s commercial courts, following steady growth in the preceding five previous years. The commercial courts had fast become the court of choice for litigants from Europe and farther afield, but the dual impacts of undecided post-Brexit legislation and the more recent Coronavirus Covid-19 pandemic has seen litigants seek alternative jurisdictions. The Solomonics report indicates that between April 2019 and March 2020, 198 cases were heard in London’s commercial courts, a 9% decline compared to the previous year. Litigants from EU countries formed 13.6% of all litigants, down from 16.5% two years ago. In contrast, statistics compiled by litigation consultants Portland show that the number of litigants from Singapore and Kazakhstan has risen almost 200% since 2018/19. UK... Read More

  • Global tech giant Apple is likely to face a group-action claim over multiple problems and failures of the displays on its popular MacBook Pro range. Apple, one of the ‘big 5’ global technology companies and the first US company to be valued at over $1 trillion, is the defendant in a complaint filed in a California district court that alleges a number of breaches of state and federal consumer protection laws, in addition to fraudulent concealment. Lead claimant Mahan Taleshpour is suing Apple on behalf of American consumers who have purchased a MacBook Pro from the model years of 2016 to date. Taleshpour claims that Apple was aware of - and decided to cover up - a design defect in the connection cable between the MacBook Pro's base and display. It is alleged that this manufacturing defect results in the cable... Read More

  • The ongoing coronavirus Covid-19 crisis continues to impact on UK civil litigation hearings with a recent High Court decision meaning that the largest ever class action claim can proceed remotely. Whilst such remote hearings may be seen as a means to an end during the current lockdown conditions, once such hearings become the ‘new normal’, the impact on how civil litigation claims are conducted is likely to be huge. Read More