Disputes and Litigation publications

19 November 2015

Why a property’s transaction and valuation history remains an important tool for valuers

The Court of Appeal has recently reversed the first instance finding of a negligent overvaluation of commercial property in the widely reported case of Titan Europe 2006-3 PLC v Colliers International UK PLC (in liquidation) [2015] EWCA Civ 1083

12 November 2015

International arbitration in sport: Why the Pechstein case could throw the Court of Arbitration for Sport into disarray

Jeremy Dickerson, James Pheasant and Chris Davies from our Sport team consider the case in their recent article for LawyerIssue. 

04 November 2015

Business Critical Fines for Health and Safety Breaches

On 3 November 2015, the Sentencing Council issued the new ‘Definitive Guideline’ for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences. They will apply to all sentences on or after 1 February 2016 regardless of the date of breach.

04 November 2015

Fourth Money Laundering Directive tightens AML requirements while government consults on cutting AML red tape

The Fourth Anti-Money Laundering Directive came into force on 26 June 2015, and must be transposed by Member States into their national legislation by 26 June 2017. It will modify and extend customer due diligence requirements and reinforce the “risk-based” approach to money laundering risks.

03 November 2015

Crossing the bridge from 'mind sport' to 'real sport'

James Pheasant explains the significance of the latest High Court ruling dealing with the thorny issue of whether bridge should be defined as a sport. This article was first published on Lexis®PSL Public Law on 22 October 2015. Click for a free trial of Lexis®PSL.

30 October 2015

Modern Slavery Act 2015 - Guidance on how to comply with the Reporting Requirement

“Transparency in Supply Chains etc: A Practical Guide” is the new Statutory Guidance on Section 54 of the Modern Slavery Act 2015. This briefing explores the key aspects of this guidance and provides insight into what your organisation can be doing now to comply.

13 October 2015

Alternative Dispute Resolution for disputes initiated by consumers

Consumers sometimes have difficulty getting redress for unsatisfactory goods or services, particularly when they buy online. Alternative Dispute Resolution should enable disputes to be settled in an informal way, more quickly and cheaply than going to court.

09 October 2015

ORR issues new Guidance for Complaints Handling Procedures

Following ORR’s call for consultation responses in relation to new Guidance for Complaints Handling Procedures, ORR have now written to stakeholders informing them of the outcome of that consultation and published new Guidance for CHPs effective from 30 September 2015.

21 September 2015

Reduced possibility of aggregation of claims by solicitors’ insurers

The High Court has clarified the meaning of the aggregation clause in the Solicitors’ Minimum Terms and Conditions of professional indemnity insurance. In a recent decision it construed the aggregation on a narrow basis. This may come as a relief to many solicitors carrying lower limits of PI insurance and their clients, who could otherwise have seen aggregation clauses drastically reduce the scope of their insurance cover.

31 August 2015

Concept – Autumn 2015

Our latest IP bulletin looks at Community Trade Marks, the economic cost of IPR infringement, the trade mark status of LEGO figures and more. 

24 August 2015

The Insurance Act 2015 - are you ready for the change?

On 12 August 2016 the Insurance Act 2015 comes into force and will make substantial changes to insurance law in England & Wales. This will affect not only how disputes between businesses and their insurers are dealt with by the Courts but also the obligations on a business when purchasing insurance.

21 August 2015

Ignorance is (not) bliss: SMEs fail to appreciate Bribery Act 2010

A recent survey commissioned by the Ministry of Justice and Department for Business, Innovation and Skills shows a concerning lack of awareness and understanding of the Bribery Act 2010 amongst small and medium sized enterprises.

14 August 2015

LIBOR Prison Blues: SFO secures 14 year sentence for trader

A former UBS and Citigroup trader, Tom Hayes, has been sentenced to 14 years in prison after he was found guilty of conspiring to manipulate LIBOR. This is the first conviction in the LIBOR manipulation scandal and is one of the most severe sentences obtained by the SFO to date.

10 August 2015

Contractual interpretation in cupcakes - applying the interpretation rules in Arnold v Britton

The High Court has been quick to apply the Supreme Court’s decision in Arnold v Britton on contractual interpretation in a supply agreement for cupcakes. Honeyrose Bakery Ltd v Lola’s Kitchen Ltd (t/a Lola’s Cupcakes).

10 August 2015

Use it or lose it: to maintain a CTM registration “genuine use” is required beyond just one Member State

In a recent Intellectual Property Enterprise Court decision, the High Court has found two Community Trade Marks (“CTMs”) owned by Sofa Workshop for the words “SOFA WORKSHOP” to be liable to be revoked for non-use and therefore unenforceable in infringement proceedings against Sofaworks. This briefing discusses the findings in greater detail.

05 August 2015

Turning criminal: Supreme Court considers when property becomes "criminal" for purposes of POCA 2002

The Supreme Court recently considered in R v GH [2015] UKSC 24 the law relating to prosecutions for money laundering. We review the arrangement offence under the Proceeds of Crime Act 2002, the Supreme Court’s judgment in R v GH [2015] UKSC 24 and practical reminders for businesses on their money laundering obligations.

20 July 2015

Re-financing debt and the effect of lender claims – avoiding getting bogged down in technicalities

Where a loan has been re-financed by a party related to the original lender the Court of Appeal has confirmed that the original lender was not prevented from seeking recovery actions against negligent advisors. In this briefing we take a look at the case of Swynson Ltd v Lowick Rose LLP.

17 July 2015

Reporting under the Payment Practices Regulation and Modern Slavery Act

The Reports on Payment Practices Regulations 2015 and the Modern Slavery Act 2015 are two very different legislative measures. However, they share important similarities which mean large corporates should be considering their implications closely.

07 July 2015

Allocating and insuring risk - key issues when drafting insurance and liability clauses

Our latest insurance briefing looks at key issues to consider when drafting insurance and liability clauses and highlights a number of recent cases.

06 July 2015

OHIM held to have erred in assessing individual character of umbrella design

Jeremy Dickerson and Jennifer Gibson have co-authored an article in World Trademark Review Daily. This article first appeared on WTR Daily, part of World Trademark Review, in June 2015. For further information, please go to www.worldtrademarkreview.com.

16 June 2015

Sentencing for breaches of Health and Safety by very large organisations

Sentencing guidelines for safety breaches and environmental breaches are changing and are likely to increase substantially for large organisations. Case law is now indicating the practical effect of these changes.

11 June 2015

Conarken reaffirmed: negligent drivers liable to pay for rail network delays

Schedule 8 of a Track Access Contract is “logical, well-researched, carefully constructed, and well supported”. Those are the words of Mr Justice Akenhead in Network Rail v Handy and others meaning drivers (namely insurers) of road vehicles are liable for Network Rail’s TAC Schedule 8 loss if they negligently damage rail track or other installations and cause consequential TOC delays.

08 June 2015

Serious Crime Act 2015 provides protection from civil liability

Section 37 of the Serious Crime Act 2015 which came into force on 1 June 2015 is likely to be welcomed by those operating in the regulated sector. We take a closer look and highlight some practical considerations. 

08 June 2015

European Court says food packaging cannot contain images of food not in the ingredients

The European Court of Justice has said that if food or drink packaging contains images of ingredients that are not in the food or drink product itself this will likely “mislead” consumers and thus fall foul of EU law.

03 June 2015

Public Consultation does not necessarily need to set out alternative options – Moseley revisited

We take a look at the case of R (Angharad Morris and Donna Thomas) v Rhondda Cynon Taf County Borough Council which considers the scope of Moseley in detail in respect of the duty to give information on alternative options in consultations.

01 June 2015

Kidnap and Ransom Policies

Recent changes in legislation have put beyond doubt that businesses will be very unlikely to be able to claim indemnity under a kidnap and ransom policy where there is possible terrorist involvement.

27 May 2015

General Court dismisses appeal to register SKYPE as a community trade mark

The General Court of the European Union has handed down its judgment in Skype’s appeal in relation to the registration of SKYPE as a community trade mark. 

22 May 2015

Challenging Accelerated Payment Notices

The High Court has refused to order injunctions preventing HMRC from issuing accelerated payment notices or enforcing existing APNs.

22 May 2015

Over privileged and under investigation: SFO challenges use of privilege

The SFO has expressed its dissatisfaction with businesses that use legal privilege as a defence against disclosing documentation while under investigation. It says that overly liberal use of the “privilege exception” is obstructing its investigations. The SFO has promised to challenge in the Courts such use of the privilege exception.

20 May 2015

When can a company sue its directors for their illegal acts?

The Supreme Court has confirmed in Jetivia v Bilta that where a company brings a claim against its directors for losses caused by their wrongdoing, the directors cannot escape the claim by arguing that their actions are attributed to the company itself. We discuss the Supreme Courts judgment and the use of the s.213 of the Insolvency Act in further detail.

12 May 2015

Financial Services Series - Issue 18

Recent months have seen a number of judicial reviews brought against the Financial Ombudsman Service (“FOS”). We considered several of these in FSS #11 and FSS #13. The outcome of these claims is helping to clarify the situations in which Financial Services firms will be able to challenge the way an ombudsman has reached a decision. This briefing considers the recent case of R (Chancery (UK) LLP) v FOS and the ramifications of the Administrative Court's rejection.

11 May 2015

The importance of ensuring that contractual employee benefits reflect changes to employees’ roles

We look at a recent case which has highlighted the risk of losing insurance cover when a policy is not updated following business changes.

06 May 2015

Penalty clauses – a move towards a flexible approach

This briefing sets out some of the background to the development of the law on penalties.

29 April 2015

Court of Appeal decision in relation to ASSOS and ASOS trade marks

The Court of Appeal has handed down its judgment in relation to the appeals brought by the owners of the ASSOS and ASOS trade marks against the first instance decision of Rose J.

23 April 2015

Gambling, money laundering and reasonable suspicion: a bank’s right to freeze customer accounts

The High Court has ruled in Iraj Parvizi v Barclays Bank Plc that a bank’s decision to freeze a customer’s bank account where there was a genuine suspicion of money laundering did not constitute a breach of contract.

22 April 2015

Warranty & Indemnity insurance: a useful tool in real estate transactions

Recent years have seen an increase in the use of Warranty & Indemnity (W&I) insurance as a 'deal tool' for the disposal of real estate assets, with a growing number of real estate funds using W&I insurance on every deal. This note explains the mechanics and role of W&I insurance, its possible benefits, the likely costs involved and issues to bear in mind when purchasing it.

07 April 2015

Financial Services Series - Issue 17

Many firms will need to apply for consumer credit authorisation under the new FCA regime in the coming months. This bulletin covers the different types of authorisation available, the process of application and what it will mean to be regulated by the FCA.

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.