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Advantage Litigation News & Updates

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

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Recent blog posts

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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Providers of professional indemnity insurance in the UK have revealed the massive increases in premiums over the past two years for Architects, Builders and Surveyors following the Grenfell Tower tragedy in June 2017.

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September’s annual report from litigation funding business LCM has highlighted the overall lack of choice and competition in the UK’s litigation funding market. The report from the Australian based funder also highlights that the market for claimants seeking to fund litigation as a pro-active choice, rather than through financial necessity, is “almost entirely unaddressed”.

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Pink Floyd legend and multi-instrumentalist David Gilmour has become embroiled in a contract dispute with the composer of a well-known and popular jingle that can be heard at train stations throughout France.

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A recent costs hearing at the High Court in London has revealed the extent of the legal costs already accumulated in the high-profile Bates v Post Office litigation action. The class action claim, backed by litigation funders Therium Capital, involves over 500 former subpostmasters and mistresses who are claiming that the Post Office, following the implementation of a new IT system called ‘Horizon’, incorrectly blamed them for apparent shortfalls in branch accounts.

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Multiple European champions and current Premier League frontrunners Liverpool FC have emerged victorious in a recent contract dispute and are now free to use global sportswear giant Nike as their new supplier of official team kit.

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It’s an unfortunate fact of business life that at some point, you may need to take formal legal action to recover monies owed to you or your business. There are two main approaches to collecting such debts; direct legal action through the courts, or appointing an external debt collection agency.

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The Solicitors Disciplinary Tribunal (SDT) has fined two directors £17,500 each based on their role in a failed apartment development scheme.

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Latest News

  • 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. Nugee J recommended that litigation funders and ATE (After The Event) insurers should make their arrangements more defendant friendly, and also stated that just because... Read More

  • 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. The European Union is setting up the Unified Patent Court to act as a common, standardised court across all contracting Member States. The UPC would become part of each Member States judicial system, and it would have exclusive competence in respect of European patents and European patents with unitary effect. Until the current government came to power, the UK Intellectual Property Office (IPO) had previously stated that as the court will not be an EU institution, then the UK’s participation would not be affected by Brexit. However, the 2013 intergovernmental agreement which created the court provides for... Read More

  • 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. Multi-millionaire couple Peter and Lynn Burgess say the planning and work that was carried out at the garden of their £5 million London home would have been finished more quickly and would also have been cheaper had they not followed her advice. The couple, Peter and Lynn Burgess , had originally accepted the advice from former friend Basia Lejonvarn after deciding that a quote from another professional landscape garden designer was too high. Following Ms Lejonvarns initial help, the Burgess’s then decided to hire different contractors to complete the work at a lower price. However, when this didn’t proceed to their satisfaction, the couple returned to Lejonvarns to finish... Read More