Disputes round-up: Links and Milbank secure win on high-stakes Visa dispute as High Court rules against Morrisons on data breach

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Disputes round-up: Links and Milbank secure win on high-stakes Visa dispute as High Court rules against Morrisons on data breach

Linklaters and Milbank, Tweed, Hadley & McCloy have successfully defended client Visa in a claim brought by Sainsbury’s, with Mr Justice Phillips ruling for the first time that interchange fees do not affect competition.

The case which concluded yesterday (30 November) initially saw a number of retailers led by the Arcadia Group claim that fees charged to them each time a customer pays using a credit or debit card breached UK and EU competition law. By the time of the closing submission in February, all claimants had settled except Sainsbury’s, which instructed Morgan, Lewis & Bockius. Continue reading “Disputes round-up: Links and Milbank secure win on high-stakes Visa dispute as High Court rules against Morrisons on data breach”

Clifford Chance partner Panayides to face SDT over Excalibur involvement

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Clifford Chance partner Panayides to face SDT over Excalibur involvement

In another twist in the Excalibur professional negligence saga and a clear sign of the Solicitors Regulation Authority (SRA) clamping down on lawyers at the City’s top firms, a case management hearing over Clifford Chance (CC) disputes partner Alex Panayides took place at Solicitors Disciplinary Tribunal (SDT) on Friday (24 November) following an investigation by the Solicitors Regulation Authority (SRA).

First reported on RollOnFriday and according to a daily cause list published by the SDT, the hearing over Panayides took place at midday, with the SRA being represented by Capsticks litigator Daniel Purcell. Continue reading “Clifford Chance partner Panayides to face SDT over Excalibur involvement”

Reforms attempt to curb Rolls-Royce disclosure as litigation costs spiral upwards

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Reforms attempt to curb Rolls-Royce disclosure as litigation costs spiral upwards

Pretty much everyone agrees that the current state of disclosure has grown into an unworkable and extortionate mess… but getting consensus for change has been elusive in recent years. Braving the debate between the supporters of Rolls-Royce disclosure and its critics, reforms are currently being pushed through to substantially scale back document-hunting in most commercial disputes.

The reforms, which were drafted by a group of lawyers, judges and clients called the Disclosure Working Group, will scrap the standard regime in favour of ‘basic’ and ‘extended’ approaches. The system will default to the ‘basic’ disclosure, which will see parties produce only the key documents necessary to the case. Both parties will then be obliged to discuss the manner of extended disclosure, with the court making the final decision to widen the process. The group was chaired by Lady Justice Gloster and included Simmons & Simmons partner Ed Crosse (pictured), Vodafone law chief Rosemary Martin and RPC partner Tim Brown. Continue reading “Reforms attempt to curb Rolls-Royce disclosure as litigation costs spiral upwards”

Watchstone Group files defence as war of words with S&G over Quindell continues

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Watchstone Group files defence as war of words with S&G over Quindell continues

The ongoing Slater and Gordon (S&G) saga shows no sign of abating, as the Watchstone Group (formerly Quindell) in October denied fraudulently misrepresenting itself over the sale of its professional services arm to the beleaguered law firm.

The £637m buyout in May 2015 proved to be the beginning of a downward spiral for S&G as, following the deal’s completion, the Serious Fraud Office launched a probe into Quindell’s accounting practices. As a result, S&G’s shares tumbled. Continue reading “Watchstone Group files defence as war of words with S&G over Quindell continues”

Quest to guard privilege begins as ENRC wins right to appeal SFO order

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Quest to guard privilege begins as ENRC wins right to appeal SFO order

Throwing a lifeline to the increasingly eroded principle of legal professional privilege (LPP), Eurasian Natural Resources Corporation (ENRC) has this week been granted the right to appeal against a controversial order to disclose documents in a Serious Fraud Office (SFO) investigation. Hogan Lovells is the latest in a series of firms to be instructed by ENRC over the SFO investigation.

In May, the High Court had ruled that documents prepared by the mining giant ENRC relating to an SFO probe into alleged fraud, bribery and corruption were not covered by LPP and therefore had to be disclosed. Continue reading “Quest to guard privilege begins as ENRC wins right to appeal SFO order”

Law Society settles ‘mortifying’ market abuse case with training provider

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Law Society settles ‘mortifying’ market abuse case with training provider

In a move that should draw a line under a controversial competition dispute, the Law Society has settled with online training provider Socrates after it was found to have abused its dominant market position by the Competition Appeal Tribunal (CAT) over training tied to its conveyancing accreditation scheme.

Socrates had issued the claim last year, alleging that the Law Society’s requirement for law firms to buy anti-money laundering (AML) and mortgage fraud training from it as a condition to maintain their Conveyancing Quality Scheme Accreditation (CQS) was anticompetitive. Continue reading “Law Society settles ‘mortifying’ market abuse case with training provider”

‘A more modern way’: as litigation bankrollers move into portfolio investment, funding edges further into the disputes mainstream

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‘A more modern way’: as litigation bankrollers move into portfolio investment, funding edges further into the disputes mainstream

Tom Baker charts the evolution of dispute funding from case-by-base institutional backers

Litigation funding has been a growing aspect of the dispute resolution sector for a decade now, but news this summer that two law firms have entered into broader partnerships with funders highlights the emergence of a more fundamental role for such bankrollers.

Continue reading “‘A more modern way’: as litigation bankrollers move into portfolio investment, funding edges further into the disputes mainstream”

Sponsored briefing: Disputes flare up in the oil and gas sector

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Sponsored briefing: Disputes flare up in the oil and gas sector

Navigant’s Mark Taylor on the pressures that oil prices exert on contracts in the sector

We all know how the price of fuel at the pump can affect how individuals feel about their own prosperity. For producers in the oil and gas sector, oil price uncertainty is a substantial risk, since it has a direct bearing on a project’s return on investment. Assumptions about future oil prices always weigh heavily on investment decisions, but in recent years severely fluctuating prices have added economic risks for producers, on top of the inherently complex engineering challenges of exploration and production. Continue reading “Sponsored briefing: Disputes flare up in the oil and gas sector”

Hogan Lovells to handle appeal as TfL refuses Uber new licence

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Hogan Lovells to handle appeal as TfL refuses Uber new licence

Hogan Lovells has been drafted in to advise Uber as the US-based ridesharing company launches a legal challenge to Transport for London’s (TfL) decision to not renew its private hire licence.

TfL today (22 September) issued a statement confirming that Uber will not be given another private hire operator licence after the current one expires on 30 September. Continue reading “Hogan Lovells to handle appeal as TfL refuses Uber new licence”

‘A clear cut case’ – Ex-KWM employees win £1m pay-out from employment tribunal

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‘A clear cut case’ – Ex-KWM employees win £1m pay-out from employment tribunal

After being on the verge of accepting a six-figure sum last month, a group of 288 former King & Wood Mallesons (KWM) employees have been awarded over £1m by an employment tribunal to settle claims from the collapse of the firm’s European arm.

The ex-staffers received the compensation award this week (20 September) following the failure of KWM to properly engage in a formal redundancy consultation during its much-publicised European insolvency.

Continue reading “‘A clear cut case’ – Ex-KWM employees win £1m pay-out from employment tribunal”