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Lexology PRO | United Kingdom | 20 Jun 2022

UK Supreme Court rejects Royal Mail abuse of dominance appeal

The UK’s top court has refused to hear Royal Mail’s appeal against a decision upholding its £50 million abuse of dominance fine from the country’s communications regulator, ending the hotly-contested saga over the agency’s largest-ever antitrust penalty.
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Lewis Silkin LLP | United Kingdom | 15 Jun 2022

Court of Appeal decision gives comfort on employment status for tax purposes

The Court of Appeal has held that when determining the employment status of an individual for tax purposes, the contractual terms should not be disregarded unless they are unrealistic. This decision offers some comfort to businesses that engage self-employed contractors, including those in the gig economy.
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Lexology PRO | United Kingdom | 10 Jun 2022

UK appeals court upholds dismissal of chip cartel follow-on claim

A UK appeals court has rejected Gemalto’s request to overturn a lower court’s decision that dismissed its €480 million follow-on damages claim against smart card chip makers as time-barred, ruling the company did not need to know every aspect of the cartel to file the claim.
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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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Herbert Smith Freehills LLP | China, United Kingdom | 30 May 2022

PRC Court recognises an English Court judgment for the first time

On 17 March 2022, the Shanghai Maritime Court of PRC (the “SMC“) issued a milestone ruling ((2018) Hu 72 Xie Wai Ren No.1) with the approval by the…
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Herbert Smith Freehills LLP | United Kingdom | 26 May 2022

Court of Appeal finds claim for wasted expenditure not excluded by clause excluding consequential losses

The Court of Appeal has found that a clause excluding consequential losses, or loss of profits, revenue or savings, did not preclude a claimant…
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Bird & Bird LLP | United Kingdom | 24 May 2022

English Court of Appeal overturns controversial decision on wasted expenditure

The English Court of Appeal has corrected a controversial High Court decision and ruled that an exclusion clause for “loss of profit, revenue [or]…
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Pinsent Masons | United Kingdom | 23 May 2022

Court of Appeal holds that Amazon listings infringe trademark rights

The Court of Appeal has handed down a significant judgment concerning the targeting of global e-commerce websites and trademark infringement. The implications of the judgment will extend to other global marketplaces and websites and websites will be required to respond to notice and takedown requests and implement geo-restrictions without delay.
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Stevens & Bolton LLP | United Kingdom | 16 May 2022

Assignment of claims by a liquidator - Court of Appeal affirms the "formidable" test for challenging an officeholder's decision

In Re Edengate Homes (Butley Hall) Limited (in liquidation) [2022] EWCA Civ 626, the Court of Appeal considered a challenge to an assignment of…
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Squire Patton Boggs | United Kingdom | 16 May 2022

(UK) To Whom Should Insolvency Claims Be Assigned?

It is often the case, that insolvency claims are pursued against former directors of the insolvent company or persons connected to them. It is also…
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