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Vicarious Liability United Kingdom

A&O Shearman

UK corporate criminal liability reform

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The UK Government has asked the Law Commission to review the law on corporate criminal liability and propose options for reform. Supporters of reform will use recent failures of the UK Serious Fraud Office to prosecute large...more

BCLP

Corporate Criminal Liability in the UK: A new era is coming...isn’t it?

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“It has no soul to be damned and no body to be kicked”. How, then, can a company be held criminally liable? Various jurisdictions have grappled with this question and recent developments in the UK have increased the...more

Hogan Lovells

Employment News: vicarious liability, age discrimination

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Only joking – employer not vicariously liable for practical joke - In Chell v Tarmac Cement and Lime Ltd employees of Roltech Engineering were contracted to work alongside Tarmac employees at a site, resulting in some...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Latham & Watkins LLP

For Fear of Learning an Inconvenient Truth: Third-Party Liability in Fraudulent Trading

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Parties within a chain of transactions may face liability for dishonesty and assistance, even if they do not have actual knowledge of fraud. The recent judgment in Bilta (UK) Limited (in liquidation) & ors v. NatWest...more

Thomas Fox - Compliance Evangelist

Life With GDPR: Episode 41-Morrisons at the UK Supreme Court

In this episode I visit with Jonathan Armstrong are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider the recent decision by the UK Supreme Court on the Morrisons case.  ...more

Latham & Watkins LLP

UK Supreme Court Clarifies Position on Vicarious Liability for Data Breaches

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Judgment offers some comfort for data controllers, without eliminating the possibility of vicarious liability based on an employee’s actions. The UK Supreme Court (UKSC) has ruled that WM Morrisons Supermarkets plc...more

Faegre Drinker Biddle & Reath LLP

Good News for Employer Data Controllers: U.K. Supreme Court Issues Morrisons Data Breach Ruling

In a significant decision, the Supreme Court unanimously held that Morrisons, the U.K. supermarket chain, was not vicariously liable for an employee’s significant data breach, reversing the Court of Appeal’s previous...more

Akin Gump Strauss Hauer & Feld LLP

Vicarious Liability for Employee’s Data Breach: Key Takeaways from the U.K. Supreme Court’s Judgment

On April 1, 2020, the U.K. Supreme Court handed down its judgment in the case of WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12, the first class action-type claim concerning a data breach in the U.K.. In this...more

Goodwin

UK Supreme Court Says Employer Not Vicariously Liable for Employee’s Data Protection Breach

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Good news for employers who can take some comfort in the UK Supreme Court’s judgment – in WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12 – which held that Morrisons was not liable...more

Morrison & Foerster LLP

Case Update: Morrisons Not Vicariously Liable For Data Breach By Rogue Employee

In Various Claimants v. WM Morrison Supermarkets [2020] UKSC 12, the Supreme Court has reversed the Court of Appeal decision and held that Morrisons supermarket is not liable for the serious (intentional) data breach by its...more

White & Case LLP

UK Supreme Court – Employers not liable for data breaches caused by rogue employees

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In a decision that will come as a relief to many businesses, the UK Supreme Court has unanimously held that companies should not be held vicariously liable for the actions of rogue employees who leak personal data....more

Orrick, Herrington & Sutcliffe LLP

Class Actions For Security Breaches Are Here To Stay

Today’s decision by the Supreme Court to allow the appeal in WM Morrison Supermarkets plc v Various Claimants may on first glance look like a significant setback to privacy advocates. However, the court’s unanimous judgment...more

Dechert LLP

The UK Supreme Court Rules on Vicarious Liability for Acts of Employees

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In WM Morrisons Supermarkets plc v Various Claimants the Supreme Court today issued an important judgment clarifying the scope of vicarious liability of employers for the wrongful acts of their employees: Morrisons was found...more

White & Case LLP

Court of Appeal confirms no liability for UK mining company in relation to human rights abuses in Sierra Leone

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The Court of Appeal's recent decision in Kadie Kalma & Ors v African Minerals Ltd stands as a stark reminder of the risks and responsibilities companies bear when operating in sectors and jurisdictions with a high risk of...more

Epiq

The Data Breach “Blame Game” – Employer or Employee Liability

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Data security and privacy is a hot global topic right now. New laws that closely regulate data security practices seem to be popping up everywhere in order to account for all of the data people transmit electronically daily....more

Epiq

UK Companies May Face Liability for Breaches By Independent Actors

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On January 12, 2017, a U.K. court rendered a decision in a class action that could affect the way U.K. courts view vicarious liability for data breaches. In Various Claimaints v. Wm Morrisons Supermarket PLC, an employee of...more

WilmerHale

The House of Lords’ Report on the Bribery Act 2010: A Glimpse Into the Future of Economic Crime?

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On 14 March 2019, the Select Committee on the Bribery Act 2010 published its Report in which it makes a number of conclusions and recommendations. The Committee was given the task not only of conducting post-legislative...more

A&O Shearman

Mining company not liable for acts of police

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This case deals with several key tortious principles relating to acts of third parties and will be of particular interest to companies in the extractive industries monitoring their exposure to human-rights-related risks. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Littler

Littler Global Guide - United Kingdom - Q4 2018

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Supreme Court Rules that Refusal to Bake “Gay-Cake” Was Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On October 10, 2018, the UK Supreme Court held a bakery and its Christian owners had...more

Littler

Data Breach in the UK: Can a Rogue Employee Leave You on the Hook?

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A supermarket chain in the United Kingdom has been all over the press after it was held liable for a data breach by a rogue employee. This article analyzes the appellate court’s judgment to set out what it means for employers...more

A&O Shearman

Employer vicariously liable for rogue employee’s data breach

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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

Sheppard Mullin Richter & Hampton LLP

Supermarket Held Vicariously Liable in UK’s First Data Leak Class Action

UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted...more

A&O Shearman

Pensions: what’s new this week

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Welcome to your weekly update from the Allen & Overy Pensions team, bringing you up to speed on the latest legal and regulatory developments in the world of occupational pensions. Equalising pensions for GMPs? High Court...more

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