Fraud and Dishonesty at the highest level of RBS

Posted on 24 November 2015 by Stevie Loughrey | Charles Enderby Smith

High Court grants permission to plead fraud in LIBOR Claim against RBS

This article explains the significance and potential ramifications of Birrs J’s judgment for any business that is, or is considering, bringing a claim for the mis-sale of LIBOR-based financial products.


There are good reasons for an outright ban on naming arrested persons prior to charge

Posted on 19 November 2015 by Adam Tudor | Isabella Piasecka

In the wake of juries finding that eleven Sun journalists were not guilty of misconduct in a public office offences, Operation Elveden stands accused. Lawyers for the cleared journalists say the Metropolitan Police made a "monumental error" in pursuing the case. Given its cost - reported to be some £30m - they may well have a point.


It Ain’t What They Call You…

Posted on 10 November 2015 by Rebecca Toman

Facebook's "real name" policy is in the headlines. The policy limits individuals to one account each and requires that those accounts be held under their "authentic identity." The policy has its advocates and its detractors.


High frequency trading and dark pools

Posted on 09 November 2015 by Stevie Loughrey | Charles Enderby Smith

This article explains the potential causes of action available to investors in dark pools that consider they may have suffered loss at the hands of HFT firms.


Crime and Courts Act: provisions on exemplary damages relevant in libel and privacy claims in force

Posted on 04 November 2015 by Carter-Ruck

On 3 November 2015 sections 34-36 of the Crime and Courts Act 2013 came into force. Their purpose is to restrict the circumstances in which exemplary damages may be awarded against ‘relevant publishers’ in relation to claims for libel, slander, breach of confidence, misuse of private information, malicious falsehood and harassment.


Revenge Porn: Educate to Help the Private Stay Private

Posted on 04 November 2015 by Rebecca Toman

Revenge porn; a rather nasty name for an even nastier crime, is a spiteful act, and a gross violation of trust and privacy. The damage and distress caused by revenge porn, whilst not physical harm, is still most definitely real.


Facebook’s real name policy: is there a legal right to anonymity or pseudonymity online?

Posted on 02 November 2015 by Persephone Bridgman Baker

A coalition of human rights organisations around the world has called for Facebook to reconsider its ‘real name’ policy, alleged to be causing unequal treatment and protection for Facebook users.


Suremime Ltd v Barclays: claims against banks for Interest Rate Hedging Product Review failures

Posted on 27 October 2015 by Charles Enderby Smith

The Bristol Mercantile Court on 30 July 2015 produced a judgment with potentially far reaching effect for those businesses caught up in the mis-sale of Interest Rate Hedging Products (“IRHPs”) and the FCA instigated Review (“the Review”) into the same.


Counterfeiting: how to tackle the online threat

Posted on 21 October 2015 by Stevie Loughrey | Claire Woolf

Stevie Loughrey and Claire Woolf examine the weapons available for brands to tackle counterfeiting online.

This article was first published in the Intellectual Property Magazine.


Banking Litigation: a changing Landscape?

Posted on 20 October 2015 by Stevie Loughrey | Charles Enderby Smith

Stevie Loughrey and Charles Enderby Smith examine the potential changes in the legal landscape which may make it easier for companies to bring claims against banks in relation to mis-sold products and investments. 


PAG v RBS: LIBOR manipulation claims

Posted on 20 October 2015 by Stevie Loughrey | Charles Enderby Smith

PAG v RBS: Claimant friendly decisions in relation to disclosure applications in a claim involving LIBOR manipulation

The judgments should assist claimants seeking to establish actionable wrongdoing resulting from LIBOR manipulation. In particular, a defendant bank will not necessarily be able to hide behind confidential agreements with regulators to avoid disclosure of LIBOR related material in claims brought against it. Neither will the risk of prosecution in foreign courts, for disclosing documents that a foreign court had ordered to be kept confidential, necessarily provide the banks with a shield. 


Victory for US golf manufacturer SuperStroke in counterfeiting claim

Posted on 19 October 2015 by Stevie Loughrey | Claire Woolf

Carter-Ruck has secured victory for US golf manufacturer, SuperStroke, in its trademark and passing off claim against an English golf retailer.


Solicitors Journal

Posted on 08 October 2015 by Miranda Rushton

Miranda Rushton, Senior Associate in the International team, and Jennifer Harvey, paralegal, have published an article in the Solicitors Journal on opportunities for the review of awards in investor-state arbitration.


Law Society Gazette

Posted on 14 September 2015 by Charles Enderby Smith

Charles Enderby Smith has written an article in the Law Society Gazette on the recent judgment in Suremime Ltd v Barclays regarding tortious claims against a bank for allegedly failing to carry out a review into the mis-sale of IRHPs in accordance with the agreement reached between that bank and the FCA.


The Right to Privacy and the Ashley Madison hack

Posted on 21 August 2015 by Claire Gill

This week, the hacking group “Impact Team” has released personal data stolen from online married persons dating site Ashley Madison. The site, based in Canada and owned by Avid Life Media Inc, controversially encourages its members to have affairs. 


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