180 results
5 Nov 2018 13:52
Letters of intent – what you need to knowWith the recent Court of Appeal decision in Arcadis Consulting v AMEC [2018] EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law. I. What are letters of intent? A letter of intent or LOI, is a general term for a document more...
2 Nov 2018 15:18
Commercial negotiations and draft contracts: the
formation of a binding contractThe Rotam Agrochemical Co Ltd v. GAT Microencapsulation GmbH decision 1. In commercial negotiations, a contract will generally be formed at the point when the parties: intend (objectively) to be bound; and have agreed the terms that they regard as essential. In Rotam Agrochemical Co Ltd v. GAT more...
2 Nov 2018 09:16
'Top notch' Ten Old Square recognised for its expertise by the independent legal directoriesTen Old Square are “acknowledged as one of the finest, full-service Chancery sets, containing many outstanding barristers” in this year’s Chambers and Partners UK Bar 2019 rankings. We are recognised as “… a set that employs the latest technology and know-how to deliver a modern and efficient client more...
1 Nov 2018 16:19
“Go-to” Exchange Chambers is “home to top-flight barristers” says Chambers and Partners 2019Exchange Chambers has retained its Band 1 ranking as a Northern Powerhouse in this year’s Chambers and Partners legal directory. Described as “home to top-flight barristers” and “one of the go-to sets” Exchange Chambers is also praised for its “strong presence across the North of England”. A record more...
30 Oct 2018 15:13
Chambers ranked by Legal 500 for data protection and defamation and privacyThe Legal 500 has recognised One Brick Court as a tier 1 set for defamation and privacy and tier 2 set for data protection, with individual members ranked highly in data protection, privacy, defamation and media and entertainment. One Brick Court boasts ‘a host of highly expert and excellent counsel more...
26 Oct 2018 13:38
Morrisons supermarkets liable for employee’s criminal publication of personal dataWM Morrison Supermarkets Plc v Various Claimants [2018] EWCA 2339 (22 October 2018) – read judgment The Court of Appeal has ruled that the supermarket chain was vicariously liable for one of its employees’ unlawful discloser of personal data belonging to other employees even though this act took more...
26 Oct 2018 10:21
Simon Howarth successfully defends national IFA NetworkMr Justice Jacobs today handed down judgment in favour of the Defendant in Anderson v Sense Network [2018] EWHC 2834 (Comm). Simon acted for the successful Defendant Network, instructed by RPC, against over 90 Claimants. The case arose from a Ponzi scheme orchestrated by an Appointed Representative more...
26 Oct 2018 09:24
Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC)Background Ealing Care Limited (“ECA”), entered into a PFI Framework Agreement with the London Borough of Ealing (“LBE”). Under that Agreement, ECA was to provide care home services for LBE for no less than 27 years. Crucially, there was a Benchmarking procedure in the Agreement. The purpose of that more...
25 Oct 2018 11:04
Wm Morrison Supermarkets plc v Various Claimants [2018] EWCA Civ 2339Wm Morrison Supermarkets plc v Various Claimants [2018] EWCA Civ 2339 Case date: 22/10/2018 Court: Court of Appeal Area/s of law: Data Protection | Vicarious Liability ---- This was an appeal by WM Morrison Supermarkets plc (Morrisons) on the issue of whether an employer can be liable in damages to more...
25 Oct 2018 07:55
What does the WM Morrison Supermarkets Plc data breach mean to employers?The issue in question is whether an employer is vicariously liable in damages to employees whose personal and confidential information has been misused by being disclosed on the web by the criminal act of another employee? Yes, said the Court of Appeal in WM Morrison Supermarkets Plc v Various more...
24 Oct 2018 15:06
Service Can Be A Right HassleCarl Troman, Barrister and Mediator at 4 New Square Introduction Last month I gave my ten top tips for service of proceedings. As if on cue the Supreme Court has just given judgment in Barton v Wright Hassall LLP [2018] UKSC 12, a case concerning an unsuccessful attempt to serve proceedings by email more...
24 Oct 2018 15:05
Ten Top Tips for Service of ProceedingsCarl Troman, Barrister and Mediator at 4 New Square Service of proceedings continues to be a fertile ground for disputes. Meritorious and valuable claims can fail on a technicality given how hard it is to obtain a retrospective extension of time for service of a claim form. Here are ten top tips more...
22 Oct 2018 16:13
Privilege and internal investigations: what next for practitioners after ENRC?Writing earlier in 2018, I commented on the inconsistency of approach between two recent cases to consider legal professional privilege: Andrews J’s decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd, and that of Sir Geoffrey Vos in Bilta (UK) Ltd (in liquidation) more...
22 Oct 2018 11:13
What should Claimants do when limitation is about to expire?Noting the recent Court of Appeal decision in Grant v Dawn Meats (UK), Stephen Innes and Hannah Daly of 4 New Square consider the options open to Claimants. When things go wrong in this situation, the courts always say that service should not be left to the last minute. That is the best advice of more...
18 Oct 2018 08:55
Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA Civ 2222In Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA 2222, the Court of Appeal, reversing the decision of the High Court, held that a liability cap had been incorporated into an interim contract despite the lack of agreement over a final Protocol Agreement. Background Buchan, now AMEC, acted more...
18 Oct 2018 08:45
Legal Cheek interview with Simon KerryIn his recent interview with Legal Cheek, Simon Kerry talks about life as a junior barrister at Hardwicke. Simon spent four years as a tax associate at accountancy giant PwC before joining Hardwicke as a pupil. A “love for advocacy” prompted his career switch, he says, adding: “I like the excitement more...
16 Oct 2018 10:10
GDPR risks for retailers – it’s not all about fines: Mini-series 2 – GDPR-related litigationMuch of the focus in the retail and legal press in recent months has been on the eye-watering level of fines which data protection regulators can impose for infringements of the new EU General Data Protection Regulation (GDPR) legislation [footnote 1]. However in this mini-series Walker Morris’ more...
10 Oct 2018 10:45
No compensation for Google data breachesLloyd v Google LLC [2018] EWHC 2599 (QB) 8 October 2018 – read judgment This is a novel form of action, but everything was new once (Warby J para 100) -- Already today we are becoming tiny chips inside a giant data-processing system that nobody really understands. (Yuval Noah Harari, 21 Lessons for more...
8 Oct 2018 13:03
Why international illegal logging might represent a risk for retailersA UK-based retailer might be forgiven for thinking that illegal logging in, say, Africa or India, is a world away from its business concerns. However, two recent prosecutions by the Office for Product and Safety Standards (OPSS) highlight that the Timber and Timber Products (Placing on the Market) more...
5 Oct 2018 14:10
Classic Maritime Inc v Limbungan Makmur SDN BHD & Anor [2018] EWHC 2389 (Comm)In Classic Maritime v Limbungan [2018] EWHC 3489 (Comm), Teare J distinguished force majeure clauses that were contractual frustration clauses from those that merely excluded liability for breach of contract. Background The shipowner, Classic Maritime, was engaged in a long contract of affreightment more...
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