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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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Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken.

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The UK’s largest ever group action litigation action, ostensibly valued at almost £5bn, has been thrown out by the High Court in London with the case having been found to be an abuse of process.

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With a number of UK law firms lining up to bring a group-action claim against British Airways, litigation professionals estimate that a successful claim could cost the flag carrier and self-styled ‘Worlds Favourite Airline’ over £2.2bn for a data breach in 2018 that affected over 400,000 passengers.

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As the UK moves ever closer to the end of the Brexit transition period on the 31st December, responses to a recent Ministry of Justice (MOJ) consultation has highlighted the potential for legal chaos if the High Court, Appeal Court and Supreme Court abandon current EU case law.

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London’s Court of Appeal has ruled that a judge in a recent libel claim had ‘seriously transgressed’ the fundamental principle of neutrality and had ‘bullied’ a Litigant in Person (‘LIP’) whilst they were giving evidence at trial.

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Commercial layers and economists from a number of European nations have recently signed an open letter urging caution with regard to proposed reforms in the current EU laws governing competition.

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Samuel Tak Lee, the single largest shareholder of London based and FTSE 250 listed property developer Shaftesbury, is ramping up his dispute with the Shaftesbury board, making it clear his intention to vote against its directors at their forthcoming AGM.

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Nikolaj Coster-Waldau, one of the stars of the hit TV series ‘Game of Thrones’, is embroiled in a contract dispute with his former agent that could end up costing him up to $2 million.

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In a recently submitted legal complaint lodged in an American court, the Girl Scouts of the USA have filed a trademark infringement claim against the Boy Scouts of America after the latter organisation recently announced that it would be dropping the word ‘Boy’ from its title and start accepting girls to join the organisation. The Boy Scouts, which accepts children aged between 11 and 17, announced the name change in May this year in connection with its new Scout Me In campaign featuring boys and girls.

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A ruling from the European Union Court of Justice (CJEU) earlier this year has confirmed that a distinctive design element commonly found in shoes from high-end designer Christian Louboutin is a valid trade mark registration.

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Moves by Russian billionaire and oligarch Vitaly Orlov to keep secret a worldwide freezing order worth £266m has been recently rejected by the High Court in London. in the latest twist in a dispute over the ownership of a fisheries company being heard in London.

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Kazakh businessman Ilyas Khrapunov has been ordered by the High Court in London to provide full details of how he is funding litigation against him and who is providing the funding for his legal expenses. Khrapunov is the son in law of Mukhtar Ablyazov, who is being accused of misappropriating $6bn from Kazakhstan’s JSC BTA Bank prior to its nationalisation in 2009.

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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’.

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 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.

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Latest News

  • Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken. In the case of Navigator Equities Ltd & Ors v Deripaska from July this year, Mr Justice Andrew Baker said that, in the 30 years in which he had worked in commercial dispute resolution: There has been a significant general increase in hostility and aggressiveness in the conduct of disputes…the taking of any and every point, good or bad, and other failures to display proper independence from the litigating... Read More

  • The UK’s largest ever group action litigation action, ostensibly valued at almost £5bn, has been thrown out by the High Court in London with the case having been found to be an abuse of process. The case, Municipio De Mariana & Ors v BHP Group Plc & Anor, involved tens of thousands of Brazilian claimants followed the collapse of the Fundao dam in south eastern Brazil in 2015. The collapse killed 19 people and the subsequent flood wiped out many settlements and villages in its path.High Court judge Mr Justice Turner agreed with the defendants in the case after finding that the court could not handle such a disparate and unmanageable case involving so many claimants. The case was brought by PGMBM, a trading name of Excello Law Limited, on behalf of over 202,000 individual, corporate and institutional claimants against two... Read More

  • A recent ruling by the High Court in London will mean that unsuccessful claimants in the well-publicised Municipio De Mariana & Ors v BHP Group PLC & Anor group action claim will need to make an interim payment of £8m to cover 50% of their opponents legal costs. In making the ruling, High Court judge Mr Justice Turner said that it was wrong to penalise the defendants for the work done on the case. Justice Turner had already struck out group litigation on behalf of some 202,600 Brazilians last November who were claiming compensation following the collapse of the Fundao dam in Brazil in 2015, saying the task of managing such a case would be ‘irredeemably unmanageable’ if it was allowed to proceed. Read More