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Burden of Proof United Kingdom

Jones Day

Reversal of Burden of Proof Under Proposal for a New EU Product Liability Directive

Jones Day on

In Short - The Situation: The EU Product Liability Directive 85/374/EEC ("PLD") was adopted nearly 40 years ago and has remained almost unchanged since its inception....more

Venable LLP

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

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A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for...more

Hogan Lovells

As you were – UK Supreme Court confirms no change to discrimination burden of proof

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The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more

Dechert LLP

Mitigation of Loss in Employment Claims

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Introduction - In this OnPoint we report on a recent Employment Appeal Tribunal decision which provides a useful reminder of the need for employers to consider mitigation of loss at an early stage when preparing for...more

McDermott Will & Emery

EU Parallel Trade Permit: Who Has Burden of Proof that Plant Protection Products and Biocides Are Identical?

McDermott Will & Emery on

On 15 December 2020, the French administrative court specified who bears the responsibility to prove that two plant protection products are deemed identical, even in their packaging boxes, in the context of submitting an...more

Morgan Lewis

Judgment in the FCA’s Business Interruption Test Case – What Evidence Proves the Presence or Occurrence of COVID-19?

Morgan Lewis on

This LawFlash provides a summary of the judgment of Lord Justice Flaux and Mr. Justice Butcher as it relates to the determination of the prevalence of coronavirus (COVID-19) under a particular policy. The court was somewhat...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Supreme Court Eases Burden on Antitrust Defendants Pleading a Pass-On Mitigation Defence

Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020]...more

White & Case LLP

Proving Fraud in the English Courts – a higher standard?

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The Court of Appeal has confirmed in Bank St Petersburg PJSC v Vitaly Arkhangelsky that the correct standard of proof where issues of dishonesty arise is not a ‘heightened’ civil standard, but the balance of probabilities....more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Law Litigation in the UK

On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more

White & Case LLP

National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts

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National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more

Hogan Lovells

New EU Whistleblowing Directive – what UK financial services firms need to know

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On 7 October 2019, the Council of the European Union formally adopted a new Directive on the protection of persons who report breaches of Union law. The Directive was published in the Official Journal of the European Union on...more

White & Case LLP

English Court of Appeal slashes UK's first cartel follow-on antitrust damages award and emphasises claimants' burden to prove...

White & Case LLP on

In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more

Hogan Lovells

Employment News: discrimination, strikes, Queen's speech

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Coming clean – false reason for dismissal shifted burden of proof - In Base Childrenswear Ltd v Otshudi the Court of Appeal confirmed that giving a false reason for dismissal and persisting with it was enough to shift the...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more

International Lawyers Network

Sexual Harassment In The Workplace: What English Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. UK update 2019 - The #MeToo movement continues to encourage women to speak out about unacceptable behaviours that they encounter at...more

White & Case LLP

High Court considers the scope of Subject Access Requests and their exemptions

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EU data protection law contains a powerful tool called a Subject Access Request ("SAR") which allows an individual to obtain copies of data about themselves, on demand, within a tight timeframe, and at low cost. Satisfying...more

Dechert LLP

Potential Criminality Under Foreign Law Not a Bar to Disclosure of Documents in English Civil Proceedings

Dechert LLP on

Bank Mellat v HM Treasury [2019] EWCA Civ 449 - Synopsis - Obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from...more

Dechert LLP

Jurisdictional Gateways Following The EU Getaway

Dechert LLP on

In a recent judgment the Court of Appeal in Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV & Ors [2019] EWCA Civ 10 clarified the three-stage test which must be applied by the Court when determining an...more

BCLP

HR Two Minute Monthly: discrimination; gender pay gap reporting; equal pay

BCLP on

Our February update considers recent developments in employment law, including cases on discrimination and equal pay. We also outline other points of note, including developments relating to right to work checks, the Equality...more

Hogan Lovells

Employment Newsletter: collective redundancies; maternity dismissals; reconciliation

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New arrival – proposals to extend redundancy protection for parents - The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more

Hogan Lovells

Employment news: maternity rights, whistleblowing, burden of proof

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New arrival – proposals to extend redundancy protection for parents - The government is consulting on whether to extend redundancy protection for pregnant women and new parents....more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Milwaukee-based Harley-Davidson announced on Monday that it will shift some of its motorcycle production overseas “to avoid retaliatory tariffs imposed by the European Union” in response to the White House’s trade moves....more

Littler

Littler Global Guide - United Kingdom - Q4 2017

Littler on

Court of Appeal Finds that Fairness of Decision Depends on Decision-Maker’s Actual Knowledge - Precedential Decision by Judiciary or Regulatory Agency - Dismissing an employee because they have made protected...more

Hogan Lovells

Employment News - December 2017

Hogan Lovells on

In this weeks issue: - You broke it, you fix it – unpaid holiday could be carried forward indefinitely - Go with the flow – burden of proof shifts in discrimination claims - Going up – increased minimum wage and...more

A&O Shearman

Professional advisors not liable for client’s poor commercial judgment

A&O Shearman on

In a landmark decision, BPE Solicitors & anr v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21, the Supreme Court provided guidance on the application and effect of the well-known, but often misunderstood, ‘SAAMCO...more

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