Disputes and Litigation publications

30 March 2015

Insurance update - Reinstatement

Our March insurance briefing looks at reinstatement and considers the significant decision made in the insured's favour in the case of Western Trading v Great Lakes.

27 February 2015

Financial Services Series – Issue 16

This issue looks at the recent prosecution of Alex Hope by the FCA and the wider implications of this decision for firms. Alex Hope was sentenced to seven years imprisonment for fraud and carrying on a regulated activity without authorisation, contrary to the general prohibition in s19 Financial Services and Markets Act 2000.

24 February 2015

Daily Mirror fails to justify the whole of the defamatory sting of its article about Daniel Simpson and Tulisa Contostavlos

As the Daily Mirror found in Daniel Peter Simpson v MGN Limited, a case decided on the law before the Defamation Act 2013, which abolished the common law defence of justification and inserted a new statutory defence of truth, while it is not necessary to justify the truth of every word, justification of all the potential 'defamatory stings' in the statement is necessary.

18 February 2015

Ownership of copyright in the Innocent Smoothies logo resolved by the High Court

Failure to put in place a clear agreement about ownership of designs produced for Innocent Smoothies has resulted in multiple court proceedings. The case is a lesson for companies seeking a brand identity with design agencies to ensure the legal rights are crystallised fully at the beginning.

10 February 2015

Guarantees and Indemnities: Gordon Ramsay bound by automatically generated signature

Gordon Ramsay has been held liable under a personal indemnity for rent on his London restaurant, York & Albany. Mr Ramsay sought a declaration that he was not bound because he had not signed it. Mr Hutcheson, his father-in-law and agent, had used a ghostwriter machine to sign Mr Ramsay’s name.

10 February 2015

The Application of Trust Law Principles in a Proprietary Estoppel Action

Trustees can often tread a difficult line in their dealings with potential beneficiaries, particularly in circumstances where one beneficiary appears to be in a favoured position. Christie-Miller v Fielden & Oths provides a timely reminder of the possible pitfalls a group of trustees should be on the lookout for.

03 February 2015

Financial Services Series - Issue 15

This issue looks at the thematic review of retail investment advice published by the Financial Conduct Authority (FCA) in December 2014. The review was part of the FCA’s ongoing study of the impact of the Retail Distribution Review on adviser charging and services for retail investments.

29 January 2015

The sale by Topshop of Rihanna t-shirt does amount to passing off

The Court of Appeal has unanimously upheld the High Court decision that the sale by Topshop of a t-shirt displaying an image of Rihanna amounted to passing off.

28 January 2015

Update on progress of the Insurance Bill

Debate on the Insurance Bill is resulting in some emerging changes. The plan is for the Bill to be finalised before the current Parliament ends in March 2015. We take a look at the Bill and the various proposed changes.

23 January 2015

Police charging - clarity at last

The Leeds United v West Yorkshire Police litigation regarding charges levied by the Police for match day deployments finally concluded last year. The Police were ordered to repay over £1 million in charges which were levied unlawfully on Leeds United over the previous six seasons. Following much uncertainty as to the correct basis of charging before the Court of Appeal’s intervention, we now look at the key legal principle and explain what this means for you.

13 January 2015

A-Z of issues in renewable energy projects (I to L)

In this series, our Energy team provides an “A-Z” of key legal and practical issues in renewable energy projects. This third instalment covers “I to L” and sets out a number of issues that our construction, energy, environment and insurance teams regularly encounter.

09 January 2015

Don't rely on equitable set-off

Primarius was supplying Bombardier with train seats for rolling stock and ran into cash flow difficulties. Bombardier agreed to purchase materials from suppliers and provide them as Free Issue Material to Primarius to enable them to continue to manufacture the seats.

06 January 2015

Court of Appeal considers consequences of long-standing concurrent use

Jeremy Dickerson and Georgina Shaw have co-authored an article in World Trademark Review Daily. This article first appeared on WTR Daily, part of World Trademark Review, in November 2014. For further information, please go to www.worldtrademarkreview.com.

29 December 2014

Financial Services Series - Issue 14

In this issue, we consider the Financial Conduct Authority’s recently published report, ‘Annuities sale practices – December 2014’ into selling practices in the annuity market.

22 December 2014

Can insurers recover from your employees after paying out on a corporate policy?

Often businesses will regard an insurance policy as an alternative to having to seek recovery from a third party that caused the loss. However, having insurance does not enable businesses to cease involvement in available recovery actions. We look at Rathbone Brothers Plc & Anor v Novae Corporate Underwriting Ltd (2014).

19 December 2014

Guilty until proven innocent: a new offence of failing to prevent economic crime

The Government is currently considering plans for a new corporate offence of failing to prevent economic crime. This move is perhaps an inevitable response to the series of scandals that have rocked the financial sector in recent years. However, the proposition amounts to a very significant extension of the criminal law into the corporate sphere.

18 December 2014

Real Estate Disputes Case Review 2014

Our review of the most significant real estate disputes cases of the last 12 months. 

18 December 2014

Which party should bring a claim in relation to securitised loans

For the first time, the Court has given guidance on which party is the proper claimant in a claim arising out of a complex securitised loan transaction. 

17 December 2014

How far must transport providers go to ensure access to wheelchair users on buses?

The Court of Appeal has provided much needed legal and practical clarity on the use of the wheelchair space on buses. We take a look at the key issues and one of the conflicting judgments made prior to the Court of Appeal judgment.

02 December 2014

Are sentences for Corporate Manslaughter and Health and Safety offences set to increase?

The Sentencing Council’s consultation on ‘Health and safety offences, corporate manslaughter and food safety and hygiene offences guidelines’ will seek to address the lack of specific guidance in these sectors currently available to the Courts. 

26 November 2014

Financial Services Series - Issue 13

It can be difficult for Financial Services firms to challenge Financial Ombudsman Service determinations. We look at the outcome of Bluefin’s judicial review application which has now been reported. We also consider another recent case in which a consumer attempted to judicially review the FOS.

25 November 2014

When the buck does not stop with the broker

There have been a number of cases over the past few years clarifying and stressing the duties of a broker to its client. The Eurokey case serves as a timely reminder that the client also has a number of responsibilities to fulfil during the underwriting process if it wants to be confident it has appropriate cover.

17 November 2014

Interflora re-visited: Re-trial ordered in long-running dispute

In the latest chapter in the long-running keyword advertising dispute between Interflora and Marks & Spencer, the Court of Appeal has allowed M&S’s appeal against the Judgment of Arnold J in May 2013.

14 November 2014

Bribes, secret commissions and Monaco hotels

We look at the case of FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45 in which the Supreme Court has ruled that a bribe or a secret commission received by an agent is held by the agent on trust for his principal. 

13 November 2014

Should I stay or should I go? (Revisited) - further automatic suspension upheld

Further to our briefing, Procurement Challenges - should I stay or should I go?, the English High Court has stayed another contract award perhaps indicating an increased willingness to maintain automatic suspensions under Regulation 47(G) of the Public Contracts Regulations 2006 pending an early/expedited trial.

04 November 2014

High Court opens up blocking injunction remedial avenue for trade mark owners

What are the circumstances in which internet service providers can be made to block access to websites selling counterfeit goods? Arnold J has provided some answers in his judgment in Cartier and Others v BskyB and Others [2014] EWHC 3354 (Ch).

30 October 2014

Financial Services Series – Issue 12

In this edition of Financial Services Series, we look at the latest legal developments around interest rate mis-selling and the recent decision in the Cardiff Mercantile Court (Mark Bailey and M T R Bailey Trading Limited v Barclays Bank plc (2014) EWHC 2882(QB)).

22 October 2014

Solicitors trying to do the best for their clients may get struck off if they mislead the Court

In-house solicitors need and want to do the best for their internal clients. But this can conflict with their duties to the court in a dispute or prosecution.

22 October 2014

Specsavers v Asda: use of Shaded logo is genuine use of Wordless logo

In the final instalment of the long standing litigation between Specsavers and Asda, the Court of Appeal has overturned the revocation of Specsavers’ Wordless logo mark and ruled that the use of its Shaded logo mark amounted to genuine use of its Wordless logo mark.

16 October 2014

The dangers of ‘non-binding’ memoranda of agreement

‘Heads of Terms’ or ‘Memoranda of Agreement’ (“MoA”) are commonly agreed by parties as a precursor to entering into more substantial agreements. We discuss the recent case of Unaoil v Leighton Offshore and the risks presented by a loosely drafted MoA.

09 October 2014

Property litigation caselaw update

Our property litigation caselaw update contains a synopsis of five recent cases impacting upon real estate and lender issues.

03 October 2014

$770m AgustaWestland helicopter deal cancelled by Indian government amidst bribery allegations

India’s Ministry of Defence has sought to “terminate with immediate effect” a $770 million deal with AgustaWestland for the supply of 12 transport helicopters, due to allegations of bribery and corruption during the procurement process.

29 September 2014

Cyber risk - are you covered?

We look at the financial implications of cyber attacks, the insurance policy options available and the issues surrounding penalties for data loss.

29 September 2014

Financial Services Series - Issue 11

We provide a reminder of the Financial Ombudsman Service’s complaints handling procedure, highlighting the rules in relation to timings, costs and the reasoning used to determine claims. We also review a recent significant case and consider the difficulty of challenging a FOS decision.

10 September 2014

Errors on CHAPS payment requests

The Courts have been considering who, if anyone, is liable to a customer when CHAPS transfer details are incorrectly entered. In July 2014, the Court of Appeal handed down its decision concerning accuracy of CHAPS payment requests in Tidal Energy Limited v Bank of Scotland.

27 August 2014

Financial Services Series - Issue 10

Last month the FCA published the findings from its thematic review of best execution and payment for order flow (PFOF). We consider the key issues identified and the actions firms should be undertaking in light of it.

06 August 2014

HSE wrong to issue a Prohibition Notice

The HSE was wrong to issue a Prohibition Notice without first giving the recipient an opportunity to prove that safety was not at risk. We look at the recent case of Rotary Yorkshire Ltd v Hague in which, on appeal from an employment tribunal, the Court quashed a prohibition notice which had been issued by the HSE against a construction site sub-contractor.

14 July 2014

Planning and Infrastructure update

There have been some important and interesting announcements over the past couple of months which highlight the Government’s continued commitment to encouraging infrastructure projects. In line with the announcement in the Autumn Statement, the Government has published the Infrastructure Bill. This covers some significant areas which are intended to facilitate the growth of industry and make the country more economically competitive internationally.

14 July 2014

Parent Company Liability

A parent company can in certain circumstances be held liable for the health and safety breaches of its subsidiary. This article looks at when this duty can arise and what factors you should be considering in order to manage the risk.

30 June 2014

Insuring the cost of prosecutions and regulatory investigations

An investigation by a regulator or criminal prosecution can be a significant strain on a business’ resources and involve considerable expense. This briefing provides an overview of the types of insurance available to cover the cost of defending prosecutions and dealing with regulatory investigations and proceedings.

30 June 2014

Moroccanoil's passing-off claim against Aldi fails in lookalike product case

Jeremy Dickerson and Georgina Shaw have co-authored an article in World Trademark Review Daily following Moroccanoil's passing-off claim against Aldi. This article first appeared on WTR Daily, part of World Trademark Review, in June 2014. For further information, please go to www.worldtrademarkreview.com.

27 June 2014

Financial Services Series - Issue 9

Financial services regulation consists of a complex web of legislation, regulatory rules and guidance and case law that is applied at both a regulatory level and by the courts. This month’s briefing looks at how the FCA and the courts interact when it comes to regulatory enforcement.

30 May 2014

An employer’s guide to Employers’ Liability Insurance

This briefing takes a closer look at Employers’ Liability Insurance. We provide a useful overview for businesses and address some key questions. 

30 May 2014

Financial Services Series - Issue 8

Welcome to the eighth instalment in our Financial Services Series (FSS#8). The current Significant Influence Functions (“SIF”) regime will soon be replaced by a new Senior Managers regime for Banks. In this month's issue, we consider what SIFs are and the key aspects of the approach towards them. We also take a closer look at the new Senior Managers regime.

29 April 2014

Financial Services Series – Issue 7

Welcome to the seventh instalment in our Financial Services Series (FSS#7). In this issue, we look at thematic reviews used by the FCA to investigate risks which may affect a wider market.

29 April 2014

Captive insurance

We take a closer look at the meaning of captive insurance and the different forms in which it can be structured. Why consider using captive insurance? What are the risks?