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Stevens & Bolton LLP | United Kingdom | 21 Jun 2022

Fraudster's bank not liable for monies lost in authorised pushed payment fraud - implications for banks and victims

In the recent case of Tecnimont Arabia Limited v National Westminster Bank PLC [2022] EWHC 1172 (Comm), the High Court refused to hold a bank liable…
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Pinsent Masons | United Kingdom | 6 Jun 2022

Court of Appeal says litigants must exercise trademark rights with broader civil justice considerations in mind

In trademark infringement proceedings, the Court of Appeal has warned parties not to take unfair advantage of the civil justice system and instead to conduct litigation "with cards on the table – face up". Two key lessons can be learned from this judgment – namely, that trademark litigants need to be mindful of the need to act with propriety within the civil justice system, and that it is......
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Charles Russell Speechlys | United Kingdom | 28 Apr 2022

Q&A: Rent Review Formula

I am concerned that the rent review Formula within my lease will generate a reviewed rent which lacks any commercial sense. I believe that the…
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Clifford Chance | United Kingdom | 3 Mar 2022

Court of Appeal rules that law of arbitration agreement determines who is bound by that agreement

The Court of Appeal recently dismissed an appeal against a decision to grant a stay of court proceedings under section 9 of the Arbitration Act 1996. In doing so, the Court confirmed that the question of who is party to an arbitration agreement was to be determined in accordance with the governing law of that agreement. The Court of Appeal also found that section 9 does not necessarily......
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Pinsent Masons | United Kingdom | 21 Feb 2022

Court of Appeal in Illumina v MGI – inventiveness and collocation shown to be fine distinction

The Court of Appeal has upheld the High Court's decision in the famous "chocolate teapot" case, Illumina v MGI. The decision is of interest for clients in all sectors as it addresses whether the combination of two known features can be inventive ("collocation"), and provides some practical guidance concerning appeal procedure.
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RPC | United Kingdom | 15 Feb 2022

Relying on defence to plead new, time-barred claim – Court of Appeal provides clarity

The Court of Appeal has provided clarity on a claimant's ability to bring an otherwise time-barred claim in reliance on facts raised in the defence. In the recent case of Mulalley & Co Ltd v Martlet Homes Ltd, the claimant was permitted to introduce a new claim, post-limitation, in response to what was potentially a full defence to the original particulars of claim.
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RPC | United Kingdom | 1 Feb 2022

Court of Appeal has no inherent jurisdiction to review decision by single Court of Appeal judge refusing permission to appeal if refusal is "arguably wrong"

The Court of Appeal has confirmed that it has no inherent jurisdiction (outside Civil Procedure Rule 52.30, which applies in very limited circumstances) to reopen an appeal where a single judge has refused permission. The Court noted that it is never enough to demonstrate that the refusal was arguably wrong, and that instead the rules around reopening a refusal of permission are narrowly......
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Hill Dickinson LLP | United Kingdom | 26 Jan 2022

Herculito Maritime Limited & others -v- Gunvor International BV & others [2021] EWCA Civ 1828

The Court of Appeal found that the bills of lading did not exclude liability on the part of the bill of lading holders for payment of cargo's…
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Herbert Smith Freehills LLP | United Kingdom | 13 Jan 2022

Court of Appeal confirms buyer entitled to repayment of advance where seller failed to deliver due to force majeure

The Court of Appeal has dismissed an appeal against a Commercial Court decision that a buyer was entitled to the repayment of an advance where there…
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Lexology PRO | United Kingdom | 18 Aug 2021

CAT certifies first UK competition class action

The UK’s Competition Appeal Tribunal has issued its highly-anticipated decision certifying the country’s first-ever antitrust class action, designating Walter Merricks as the representative to lead the multi-billion pound claim against Mastercard.
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