180 results
11 Jan 2019 15:49
Google v CNIL: Advocate General agrees global “right to be forgotten” orders pose risk to freedom of expressionThe Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-507/17 Google Inc v Commission nationale de l’informatique et des libertes (CNIL). In his opinion, Advocate General Maciej Szpunar advised that de-referencing requests under the CJEU’s decision in more...
9 Jan 2019 16:05
Are your website terms and conditions shipshape?Having been awarded a £13.8m contract to run freight services following a possible no-deal Brexit, Seaborne Freight was left red-faced after its website terms and conditions appeared to have been copied from a takeaway restaurant. Using Sparqa Legal’s expertly-drafted set of legal documents and more...
8 Jan 2019 17:41
October 2019 pupillage applications now openChambers are offering two pupillages, one civil and one family. For details on how to apply please go to the following link. https://www.magdalenchambers.co.uk/pupillage-applications-are-now-open/ more...
8 Jan 2019 12:24
McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch)McDonagh v Bank of Scotland & Others [2018] EWHC 3262 (Ch) concerned a dispute between a borrower, Mr McDonagh (“the Claimant”) and a lender, Bank of Scotland (“the Bank”) in respect of the borrower’s default on a loan facility which had been used to refinance commercial property in an out of more...
3 Jan 2019 14:28
ATE and security for costs: Lewis Thermal Limited v Cleveland Cable Company LtdThis is the third occasion on which I have posted on this blog on the issue of after the event insurance (ATE) policies and the impact which they have on applications for security for costs. In the first post on 16 November 2017, I praised the judgment of Snowden J in Premier Motorauctions v more...
2 Jan 2019 10:20
Immigration to the UK post-Brexit and impact upon domestic football clubsIMMIGRATION TO THE UK POST-BREXIT The Government last week updated the information publicly available about immigration to the UK post-Brexit[footnote 1]. The new system will not come into force immediately post-Brexit but after an “Implementation Period” during which further changes and refinements more...
21 Dec 2018 13:44
Guess’ €40 million fine and ‘geo-blocking’ – What retailers need to knowWalker Morris’ Commercial Dispute Resolution/Retail and Competition specialists Gwendoline Davies and Richard Jaques highlight the recent anti-competition findings and fine against clothing company Guess, and explain what retailers need to know about new online retail ‘geo-blocking’ rules. Guess’ more...
18 Dec 2018 08:49
Jurisdiction and Applicable Law after Exit Day: If not that agreement, then what?There is just over 3 months to go until Exit Day, defined by the European Union (Withdrawal) Act 2018 as 11pm on 29 March 2019. If no agreement can be reached between the UK and the European Union on judicial co-operation in civil and commercial matters before then, what rules will apply to more...
13 Dec 2018 13:46
Fitness for purpose again: beware the lack of contract termsIn Williams Tarr Construction Ltd v Anthony Roylance Ltd and another, the TCC considered a construction company’s breach of contract and breach of warranty claim against an engineer for the defective design of a retaining wall. Williams Tarr Construction Ltd v Anthony Roylance Ltd and another more...
10 Dec 2018 13:41
3PB Head of Sports Louis Weston prosecutes for the BWF Council Member Raj Gaya for misuse of fundsLouis Weston, Head of the 3PB Sports Group, acted for the Badminton World Federation (BWF) in its prosecution of Raj Gaya BWF Council Member, Secretary General of the Badminton Confederation of Africa (BCA) and President of the Mauritius Badminton Association (MBA) for his use of funds intended for more...
4 Dec 2018 10:05
After Makdessi and GPP, the question is, are your LDs commercially viable?Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: more...
3 Dec 2018 13:40
3PB Head of Sports Louis Weston prosecutes snooker players Yu Delu and Cao Yupeng for the WPBSALouis Weston, Head of the 3PB Sports Group, acted for the WPBSA in its prosecutions of the snooker players Yu Delu and Cao Yupeng. The two players were suspended for 10 years and 9 months and 6 years for match fixing. Both players admitted to breaching the WPBSA Members rules, following a lengthy more...
30 Nov 2018 13:51
The Disclosure Pilot: time to get readyParties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an more...
28 Nov 2018 14:11
No implied agreement/duties between bank and commercial borrowerThe High Court has resisted a commercial borrower’s attempt to imply an over-arching contractual agreement and equitable duties between it and its lender. Walker Morris’ Banking & Finance Litigation partners Rob Aberdein and Richard Sandford comment on the recent case of Standish v Royal Bank of more...
23 Nov 2018 14:52
Keeping it under lock and key — are your staff members’ log-in details safe?A recent prosecution by the Information Commissioner’s Office (ICO) highlights the importance of workers keeping log-in details private. UK employers should reiterate this to their staff and reassess their security policies. A former employee of an accident repair company has breached the Computer more...
20 Nov 2018 09:32
‘Breathing Space’ for Debtors and Statutory Debt Repayment PlansFollowing on from the recent budget, HM Treasury has published a consultation on two new consumer credit policies. The consultation builds upon the Government’s call for evidence which was concluded in January 2018 and on existing successful practice in the Scottish Debt Arrangement Scheme (DAS) more...
16 Nov 2018 16:12
Jurisdiction after Exit Day: What does the draft Withdrawal Agreement tell us?The Draft Withdrawal Agreement The draft Withdrawal Agreement between the United Kingdom and the European Union was approved by the UK Cabinet on Wednesday 14 November 2018. Formally the “14 November 2018 Draft Agreement on the Withdrawal of the United Kingdom … from the European Union and the more...
14 Nov 2018 16:51
Is this the end of witness statements?I don’t know if it has come across your desk (or pinged up on your email), but there is an important survey being undertaken right now concerning the future role (if any) for factual witness statements in the Business & Property Courts. The survey link is here and I strongly encourage you to respond more...
14 Nov 2018 12:54
Addressing ‘review fraud’ in the online retail marketplaceWalker Morris’ Head of Commercial Dispute Resolution and retail specialist Gwendoline Davies explains ‘review fraud’ and offers potential solutions for retailers. What is the issue? Fake reviews have featured in the press a lot recently, but they are certainly not a new phenomenon and such practices more...
5 Nov 2018 14:43
Employers’ liability for employees’ deliberate data
protection breachesThe Morrison decision 1. In W M Morrison Supermarkets plc v Various Claimants [2018] EWCA Civ 2339, the Court of Appeal held that an employer may be vicariously liable for the actions of its employees in misusing personal and confidential information, in breach of the Data Protection Act 1998 (“the more...
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