180 results
5 Oct 2018 12:50
Spectator injuries: who is liable?A terribly sad story came out of the recent Ryder Cup Golf Tournament. A spectator, Corine Remande, was blinded in one eye as a result of being hit by a ball played by Brooks Koepka. In the UK, it is accepted that competitors in sporting events owe a duty of care to spectators and so, for example, more...
3 Oct 2018 08:08
Information Commissioner apologises to South Wales company for Monetary Penalty NoticeAn appeal against a Monetary Penalty Notice imposed on a business for an alleged breach of the Privacy and Electronic Communications Regulations 2003 (PECR) has been resolved after the Information Commissioner said she would not oppose it. The IC had imposed a £60,000 monetary penalty on STS more...
25 Sep 2018 15:18
‘Man is Born Free (and can therefore agree to live in chains)’The Supreme Court decision in MWB v Rock Advertising goes against two Court of Appeal authorities and makes clear that NOM clauses are effective. In this article, Charlie Thompson sets out a brief survey of the cases and seeks to highlight some practical implications of the Supreme Court’s decision. more...
6 Sep 2018 15:15
Commission on Justice in WalesThe Commission on Justice in Wales has been set up by the First Minister to review the operation of the justice system in Wales. Terms of reference for the Commission on Justice in Wales. To review the operation of the justice system in Wales and set a long term vision for its future, with a view to more...
8 Aug 2018 07:33
Judgments in Brief: July 2018FromCounsel has published Judgments in Brief: July 2018 – an overview of the judgments covered in July 2018: https://bit.ly/2ORvMOb Note that there will be no Judgments in Brief for August 2018 due to summer recess. more...
11 May 2018 09:11
GDPR and Sport: make sure that you’re on the ball!Introduction All but a slim minority of sporting bodies will be affected by the General Data Protection Regulation (“GDPR”) on some level. Whether a governing body holding performance data, an anti-doping agency processing sensitive health records or a local club storing the addresses of junior more...
9 May 2018 15:12
GDPR and Insurance: who picks up the tab when things go wrong?Notwithstanding assurances from the Information Commissioner that they “prefer the carrot to the stick” the fact remains that the ICO will have the power under Article 83(4) the General Data Protection Regulation (“GDPR”) to levy fines of up to €10million or 2% of annual global turnover on data more...
4 May 2018 10:31
Civil liability of non-medical professionals for personal data breachesIn this article, 4 New Square’s Paul Mitchell QC, Stephen Innes and Helen Evans consider the potential civil liability of professionals in this jurisdiction for data breaches after GDPR comes into force on 25 May 2018. Professionals in England and Wales act as the catalysts speeding up and enabling more...
3 May 2018 10:27
Solicitors’ Practices and Subject Access Requestsby Ben Elkington QC, FCIArb and Charles Phipps of 4 New Square Introduction Like any other professional or commercial organisation, a solicitors’ firm may face data subject access requests from aggrieved or merely inquisitive individuals. Like other such organisations, the firm may as a result have more...
18 Apr 2018 15:23
JSC BTA Bank v Khrapunov & Unlawful Means Conspiracy: The Search for Clarity ContinuesArticle written by Matthew Bradley of 4 New Square on Wednesday 18th April 2018 Introduction The Supreme Court handed down its judgment in JSC BTA Bank v Khrapunov [2018] UKSC 19, the latest in a long line of decisions concerning Mr Ablyazov, on 21 March 2018. The decision will now sit on the shelf more...
Relief from sanctions: 10 top tips
This feels like an appropriate time to reflect on my experiences arguing dozens of these applications in a range of different courts. It has been a little over 4 years since the revision to CPR 3.9 which refined the test for relief from sanctions, and 3 years since the seminal clarification of the more...
Shareholder Protection from Unfair Prejudice: Case and Statute Citator 2018
Shareholder Protection from Unfair Prejudice: Case and Statute Citator 2018 compiled by Andrew Marsden, Barrister Part 30 of the Companies Act 2006 enables a shareholder in a company who is being treated in an 'unfairly prejudicial’ way to seek relief from the court. Typically, these cases involve more...
Commercial Agents: Case and Statute Citator 2018
Commercial Agents: Case and Statute Citator 2018 The terms of the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053) (as amended) ('the Regulations') implement Council Directive 86/653 [1986] OJ L382/17 ('the Directive'). The Regulations came into force on 1 January 1994 and more...
Unfinished business: the Qatari commercial dispute that landed a Cayman Islands Judge in conflict
The Privy Council in Almazeedi v Penner and another (Cayman Islands) [2018] UKPC 3 have stressed the fundamental nature of the right to a fair trial by an independent and impartial tribunal. Almazeedi is a working example of how and when a Judge’s decision may be overturned on appeal due to the more...
On brevity
It was the weekend and I found myself sat in a room full of barristers and judges, a little too much like how I spend some of my weekdays. We were gathered for a compulsory training course run by Gray’s Inn for new practitioners (barristers of under four years’ advocacy experience). Most of my group more...
19 Mar 2018 11:55
A birds-eye view of AIFC court practice and procedureDevelopments in Kazakhstan: In the latest in a series of articles on legal developments in Kazakhstan for Practical Law, Paul Fisher of 4 New Square provides a birds-eye view of practice and procedure in the new AIFC Court. Click here to read more. more...
End Of The Road for LIBOR Rigging Claims; or Just a Detour?
The Court of Appeal's decision in Property Alliance Group v RBS [2018] EWCA Civ 355 is a decisive victory for RBS over PAG. However, the door has undoubtedly been opened for other potential claimants. While the CA also made some significant findings on the bank's advisory duties and implied more...
21 Feb 2018 15:53
Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2018] EWHC 118 (Ch)Norris J has handed down judgment in the case of Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd. The case was about an overage payment of £1.4million. The key issues were: (a) the meaning of an obligation on a developer (Abbeygate) to use “reasonable endeavours” to achieve “as soon as more...
PERSIMMON HOMES v OVE ARUP: ANOTHER RAID ON THE ARSENAL?
The current trend of appellate decisions is to leave commercial parties of equal bargaining power to their own contractual fate. Persimmon Homes Ltd v Ove Arup and Partners Ltd [2017] EWCA Civ 373, in which the Court of Appeal considered the meaning of an asbestos exclusion clause, reinforces that more...
A return to orthodoxy in matters of contractual interpretation
Summary In its decision in Arnold v Britton [2016] AC 1619 the Supreme Court has restored the supremacy of the traditional approach to the construction of commercial contracts. The parties have the greatest control over the words that they have used in their contract and those words should not be more...
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