Shining a light: resolving contested energy sector enforcement cases

Given the substantial financial penalties imposed by the UK’s economic regulators it is surprising that, unlike competition law enforcement cases, very few regulatory enforcement cases have ever been the subject of contested proceedings.  As a result, those facing enforcement action face enormous uncertainty when sanctions are threatened and negotiated settlements

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Class actions, DBAs, litigation funding

Class actions, DBAs and litigation funding

Delighted to be published in the New Law Journal, looking at how the recent reforms around group proceedings, damages based agreement and litigation funding might play out in Scotland. Without spoiling it, the key to making Scotland an attractive jurisdiction is to focus on effective and dynamic case management. https://www.newlawjournal.co.uk/content/civil-litigation-reform-scotland-what-next

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Regulating disruptive technology – are you an activist or a sceptic?

In his interview with the FT, published earlier this week, Jochen Homann, president of Germany’s Bundesnetzagentur or Federal Networks Authority, underlines his determination that US tech giants, such as Google and Facebook (and their services, such as Gmail and WhatsApp), should be regulated like conventional telecoms firms.  As he puts

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Scotch Whisky Association toasts success in Europe in “geographical indication” battle

In a decision that could have implications for many different products, the Scotch Whisky Association has won an important battle geographical indicators before the Court of Justice of the European Union. Fake, dangerous, whisky products The Scotch Whisky Association is an organisation based in Edinburgh, Scotland but operates all round

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Alibaba steps up IP protection efforts

According to its recent annual report on intellectual property rights protection, Alibaba has improved the processes for the takedown of infringing material and addressing counterfeit goods listed on the site. The three main messages from the report are: 95% of takedown requests were processed within 24 hours, a 68% reduction

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The costs of refusing to mediate

The Court of Appeal recently confirmed in the case of Gore v Naheed & Anor that a party who refuses to mediate will not automatically be penalised in costs because there is no general rule that refusal is automatically unreasonable. The facts The claimant, Mr Gore, was successful in his claim for damages and an

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