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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

Tennis legend Boris Becker, who won the first of 3 men’s singles at Wimbledon in 1985 at the tender age of 17 and who earned $25m in a successful 22 year playing career, is taking a somewhat unconventional approach in trying to avoid bankruptcy proceedings in the UK Courts. The popular ex-player turned TV pundit was declared bankrupt in June 2017, owing bankers Arbuthnot Latham & Co an undisclosed sum of money.

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Now that GDPR – the new, European-wide General Data Protection Regulation – has come into effect from 25th May 2018, observers in the UK legal profession are anticipating an increase in data protection based legal actions, with group / class actions being increasingly likely. Group actions, whereby a group or collective of claimants come together and are represented legally by a member of that group (usually a lawyer, solicitor or law fim), aren’t particularly common in the UK but changes to the Civil Procedure Rules (‘CPR’) back in 1999do allow such actions.

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Following May’s hugely successful royal wedding in which US actress Meghan Markle married Prince Harry, sixth in the line of succession to the British throne, a row has broken out over the design of Markle’s dress.

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.

There was a lot of coverage in the UK media back in March 2018 regarding the so called ‘great chicken crisis 2018’, where hundreds of KFC stores throughout the UK had to close because deliveries of chicken – the prime menu item on most KFC meals – failed to reach the stores. As most of these stores operate on a franchise basis, with the store owner being the franchisee and KFC being the franchisor, the question now being asked is can the stores be compensated for loss of earnings?

Hip hop and rap superstar Dr Dre has lost a recent trademark legal action in the US to a gynaecologist called Dr Drai.

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Martin Lewis, the brains behind popular consumer advice website ‘Moneysavingexpert.com’ and presenter of ITV’s ‘The Martin Lewis Money Show’, has recently issued proceedings in the High Court against internet and social media giant Facebook.

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In what is a sign of things to come for many elements of the civil justice system in the UK, earlier this month the first stage of the Ministry of Justice’s (MOJ) Online Court went live in beta / live test form. The new online system, which over time is set to replace the current, ageing Money Claims Online (MCOL) system, will allow members of the public to issue county court money claims up to £10,000 in value. MCOL will remain live during the beta test period. A spokesperson for the MOJ said that the new technology and scheme “begins to deliver the vision set out by Lord Briggs… where he called for claims worth up to £25,000 to be solved in an online court”.

A recent decision by the European court of justice (ECJ) in Luxembourg means that the four finger Kit Kat chocolate and biscuit bar is set to lose its protected trademark status, opening up the likelihood of ‘copy-cat Kit Kat’s’ from rival manufacturers. The ECJ’s advocate general advised judges to throw out manufacturer Nestle’s appeal, and whilst the advocate generals advice is not binding, it’s very likely that it will be followed.

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In what has been described as one of the largest contract update and re-drafting exercises in history, legal services provider Axiom is now able to provide an AI (artificial intelligence) based process designed specifically to help companies update over 7.5 million financial services agreements and contracts in the run-up to Brexit.

Andrew McCabe, the former FBI Deputy Director whose employment contract was recently terminated by USA’s Trump administration has managed to raise over $300,000 (over £200,000) to cover legal defence costs via the crowdfunding platform ‘GoFundMe’.

A recent announced by the IPO (the UK Intellectual Property Office) as confirmed that the UK has now finalised and ratified an agreement that will make it easier for the owners of intellectual property to register designs in multiple jurisdictions and territories, and for them to take appropriate legal action if required to protect such designs.

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A recent High Court case has made it clear that Litigants in Person (known as LiPS – private individuals who are representing themselves in Court) will not get special treatment when bringing a legal action in the UK.

Internet giant Google is embroiled in a second High Court case with another businessman demanding that articles concerning his criminal past are removed from the search engines search results.

Spring 2018 will see the launch of online digital courtrooms for UK claimants, with tax appeal tribunal cases set to be the first to be offered this option. For the first time, claimants and their solicitors will be offered the option of ‘attending’ a court hearing online, using secure audio & video links delivered via a standardised internet platform, as opposed to having to turn up in person.

Funding your commercial claim, be it for professional negligence, a contract dispute, insolvency or a shareholder dispute, is often a crucial part of you being able to pursue your case. Below is a list of the main factors in funding a claim:

Following a recent decline in the value of the luxury car market, former business partners Petro Levchenko and Karan Abbott are now facing an unedifying – and expensive - High Court battle to decide who is at fault for the losses their partnership incurred.

Having originally met each other in a London shisha bar, and with subsequent meetings at a string of fashionable London nightspots, Levchenko and Abbott originally agreed to form a business relationship that would combine Levchenko’s experience as a trader in digital currencies with Abbotts passion for the luxury and rare car market.

A property tribunal has heard how an elderly resident of a London high-rise with cladding similar to that used at Grenfell Tower has been hospitalised after he was told that he would have to pay his share of the estimated £2m cost of repairing and replacing the cladding.

Following his withdrawal from mediation talks to settle his claim against Lloyds Banking Group, TV star and entrepreneur Noel Edmonds has secured litigation funding in his pursuit of up to £60m compensation from the banking giant.

At a recent trial at California’s Federal court, internet sensation, inspiration for hundred’s of memes and merchandise success story Grumpy Cat has successfully sued a US coffee company over a breach in the agreed terms of image rights and usage.

Grumpy Cat – most famous for her permanently unhappy but comically doleful expression – was awarded $710,000 (equivalent to £500,000) in compensation, along with a nominal $1 for breach of contract against US coffee company Grenade.

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Latest News

  • Tennis legend Boris Becker, who won the first of 3 men’s singles at Wimbledon in 1985 at the tender age of 17 and who earned $25m in a successful 22 year playing career, is taking a somewhat unconventional approach in trying to avoid bankruptcy proceedings in the UK Courts. The popular ex-player turned TV pundit was declared bankrupt in June 2017, owing bankers Arbuthnot Latham & Co an undisclosed sum of money. Becker, 50, is claiming that an ambassadorial role for the Central African Republic (CAR) provides him with diplomatic immunity from legal proceedings for bankruptcy. The German stars lawyers, including Ben Emmerson QC who hs previously represented Julian Assange, are citing the 1961 Vienna Convention on Diplomatic Relations, meaning that unless the UK’s foreign secretary Boris Johnson and the CAR give their consent, then he is immune from being subject... Read More

  • Now that GDPR – the new, European-wide General Data Protection Regulation – has come into effect from 25th May 2018, observers in the UK legal profession are anticipating an increase in data protection based legal actions, with group / class actions being increasingly likely. Group actions, whereby a group or collective of claimants come together and are represented legally by a member of that group (usually a lawyer, solicitor or law fim), aren’t particularly common in the UK but changes to the Civil Procedure Rules (‘CPR’) back in 1999do allow such actions. In the wake of recent, well publicised data breaches involving often systemic data misuse by large corporations, combined with clauses in the GDPR that allows an individual whose data has been used illegally that allows an individual to seek financial compensation, it is expected that citizens will be far... Read More

  • Following May’s hugely successful royal wedding in which US actress Meghan Markle married Prince Harry, sixth in the line of succession to the British throne, a row has broken out over the design of Markle’s dress. Read More