Related insights: Dispute Resolution and Litigation

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UK Supreme Court clarifies the rule of "reflective loss"

28 Jul 2020
The UK's Supreme Court ("UKSC") has handed down its judgment following the hearing of the appeal in the case of Sevilleja v Marex Financial Limited [2020] UKSC 31 ("Marex"). The appeal was against the decision of the Court of Appeal to find that the rule of reflective loss applied to 90% of Marex's claim, which was brought in its capacity as a creditor.
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Can former employees take your confidential information to their new job?

28 Jul 2020
When an individual moves to a new role, they take valuable skills and knowledge which they will use for the benefit of their new employer. Where this happens, particularly where an employee moves to a competitor, it can be difficult to draw a line between information that an employee can legitimately use in their new position as part of their own experience, and specific information which should not be disclosed even though the terms of their former employment contract have ceased to apply.

AIMs assets and threads

27 Jul 2020
Whilst the world continues to struggle with the effects of the COVID-19 pandemic, there are signs that the construction sector is beginning to operate once again, albeit within strictly regulated parameters. Obviously, from an economic perspective this is a good thing but also there are a number of issues which are pressing for the construction sector and which should be progressed as swiftly as reasonably possible even in these difficult times
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UK Supreme Court gives a strict interpretation on the rules of sufficiency

13 Jul 2020
The UK's Supreme Court ("UKSC") has handed down its eagerly awaited judgment in the dispute between Regeneron Pharmaceuticals Inc ("Regeneron") and Kymab Limited ("Kymab").  The invention by Regeneron related to the creation of a type of transgenic mouse (the "VelocImmune") that is more effective in its receipt of human antibody genes, for the production of human antibodies. As such, this genetically modified mouse has been regarded as a major breakthrough in the field of bio pharmaceuticals. Nevertheless, despite such an advancement, the UKSC has held that the patents upon which Regeneron based its innovative platform are invalid for lack of sufficiency because the claims, as construed, would include a range of modified mice, some of which it would not have been possible to produce as at the priority date of February 2001.

Should dispute resolution be at the "Heart" of every contract?

07 Jul 2020
It's not often that a construction lawyer has cause to consider the world of football, or not this construction lawyer in any event. We are told that we are living in unprecedented times. As we all know, Scotland went into lockdown on 23 March of this year. Tentative steps are now being implemented to restart the economy and get down to the new normal. What won't be restarting though is the 2019/20 SPFL football season. 
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Employers' liability claims for COVID-19 in the workplace: are the floodgates opening?

25 Jun 2020
The coronavirus pandemic is likely to throw up some interesting challenges for employers and their liability insurers. How are the courts likely to approach the novel situation where employees may seek to claim for injuries arising through exposure to COVID-19 in the workplace, and how can employers and their insurers take steps to protect themselves from a tidal wave of claims?
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Transport operators and COVID-19: managing the risk of injury claims

18 Jun 2020
The UK Government has underlined the central role transport operators will have in the reopening of the UK economy as COVID-19 lockdown restrictions are eased by publishing detailed guidance in the form of 'Coronavirus (COVID-19): Safer Transport Guidance for Operators'. But it is clear that the process of returning to normality will be a gradual one. There are also risks for transport operators including potential claims from employees and passengers as a result of injuries allegedly caused by exposure to COVID-19. We examine the guidance and consider what transport operators should do to manage the personal injury liability risks.
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Housing and modern methods of construction post COVID-19

09 Jun 2020
The construction sector is fundamentally important to the UK economy. Often cited as the barometer of economic conditions, it contributes around £90bn and provides approximately 10% of total UK employment. In recent months, the sector has found itself subject to a somewhat surprising level of media scrutiny. Initially, there was a focus on the construction of new hospitals, vaccine centres and other structures dedicated to fighting the spread of the COVID-19 pandemic.