The Law Commission has published an impressive paper on smart legal contracts to which Allen & Overy, along with many others, contributed; but what does it all mean? ...more
The decision of the UK Supreme Court in Lloyd v Google is a welcome relief for data controllers. However, is it the end of class actions for data breach?...more
In unanimously refusing to allow a representative action to proceed, the UK Supreme Court may have sounded the death knell for opt-out class actions in England for data breaches: Lloyd v Google [2021] UKSC 50....more
Times Travel’s business depended upon selling Pakistan International Airlines’ tickets. The travel agency was pressured by the airline to waive claims for unpaid commissions under its old contract, by the threat of the...more
A decision of the Court of Appeal highlights the challenges, in multi-jurisdictional disputes, of conducting without prejudice settlement discussions: AutoStore Technology AS v Ocado Group Plc & Ors [2021] EWCA Civ 1003 (07...more
In 1995, Elizabeth Loftus and Jacqueline Pickerell published a paper showing that it was possible to implant an entire false memory of something that never happened. In one of the first successful cases of memory...more
Following a borrower default, when a bank was considering whether to enforce its security, a statutory implied term of reasonable care in a loan was of no consequence and it was not right to imply the term into a mortgage...more
A dispute about the use of private investigators highlights some attendant risks, in particular the possibility that the report generated may not be privileged: Gerrard & Gerrard v Eurasian Natural Resources Corporation Ltd &...more
Richard Hooley spoke to us this lunchtime about exemption clauses. He began by quoting from Andrew Burrows’ A Restatement of the English Law of Contract (which has recently been updated) and its excellent summary of...more
Commercial dispute resolution has undergone a forced revolution during 2020, with courts and arbitral tribunals in many major jurisdictions responding to social restrictions put in place to control the spread of coronavirus...more
What can in-house legal, risk and compliance leaders learn from the Covid-19 pandemic and other notable crises of the past 20 years to strengthen the legal resilience of their organisations?
More than any other crisis in...more
COVID-19 is at the top of the agenda for businesses globally, for good reason. Here are 10 key points to consider to ensure your business is fully prepared....more
The dominant purpose of a communication must be to obtain, or give, legal advice for legal advice privilege to apply. The Court of Appeal considers how, in the light of this, to analyse privilege and internal multi-party...more
Did you have an iPhone in 2011/2012? I still had a BlackBerry. If I had had an iPhone, I would have been a member of the class of more than four million users on whose behalf Mr Lloyd makes this claim. It is alleged that...more
The English High Court has granted an asset preservation order over Bitcoin finding that there was a serious issue to be tried concerning a proprietary claim. In this case, the proprietary question was relevant to whether the...more
A tanker truck, converted into a bomb, was detonated near the north face of building #131 at the Khobar Towers complex in Saudi Arabia shortly before 10 pm on 25 June 1996, according to the 2001 U.S. federal grand jury...more
Virtually all evidence, whether in litigation or arbitration or relating to investigations carried out by regulators or enforcement authorities, will contain some personal data. A year on from the EU General Data Protection...more
Lonsdale v National Westminster Bank [2018] EWHC 1843 (QB) (18 July 2018) -
A bank was ordered to disclose, to a customer, suspicious activity reports (SARs) that the bank had sent to the National Crime Agency (NCA) at the...more
Underwriters could not rely on a sanction limitation and exclusion clause in an insurance policy, which referred to insurers’ “exposure” to sanctions, to avoid liability for a claim simply because there was a risk that the...more
An employer was held by the Court of Appeal to be vicariously liable for a rogue employee’s deliberate and criminal disclosure of the personal data of other employees. This was despite the employee’s aim being to harm the...more
11/30/2018
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Data Breach ,
Data Protection ,
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Employee Misconduct ,
Employer Liability Issues ,
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UK Data Protection Act ,
Vicarious Liability
Lonsdale v National Westminster Bank [2018] EWHC 1843 (QB) (18 July 2018) -
A bank was ordered to disclose, to a customer, suspicious activity reports (SARs) that the bank had sent to the National Crime Agency (NCA) at the...more
Sovereign immunity is a complex topic. This bulletin highlights key points to consider, particularly when drafting or reviewing a sovereign immunity waiver clause, from an English law perspective (as applied by the English...more
The EU General Data Protection Regulation (universally known as GDPR) has become ubiquitous. Less understood is what GDPR means for disputes and contentious regulatory/enforcement matters. Virtually all evidence, whether in...more
Brexit -
It is impossible not to mention Brexit which will be defined by the politics. 2018 is also likely to bring a significant increase in UK policymaking and related legislative change. We expect to see the publication...more
Lawyers' notes of interviews with a bank's employees conducted as part of two investigations were not privileged since the employees were not the "client" and the notes were not lawyers' working papers, according to the...more