22 results
9 Apr 2020 14:25
Vicarious Liability – the move is overOn 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their more...
7 Apr 2020 14:48
Another skirmish on the boundaries of vicarious liability: data protection this timeWM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12 On appeal from: [2018] EWCA Civ 2339 – read judgment The following summary is based on the Supreme Court’s press report. This appeal concerned the circumstances in which an employer can be held to be more...
23 Oct 2019 09:06
Louis Browne QC and Ian Whitehurst instructed on landmark £100 million data breach claim against EquifaxHayes Connor Solicitors has instructed Louis Browne QC and Ian Whitehurst from Exchange Chambers to advise on the UK’s first representative data breach claim in the High Court. The action could see Equifax ordered to pay up to £100 million in compensation to its estimated 15 million UK customers more...
11 Jul 2019 14:55
IP Insight – "Chinese Walls": Claimant Fails to Injunct IP Boutique Acting for OpponentsIP Insight is a series from Virtuoso Legal the Intellectual Property Specialists. This case concerns “Chinese walls” information barriers, and their efficacy in small firms. Glencairn IP Holdings Ltd & Anor v Product Specialities Inc (t/a Final Touch) & Anor [2019] EWHC 1733 (IPEC) (05 July 2019) more...
28 Mar 2019 10:14
How can arbitration help you if you data has been illegally stolen?Kemi Ojutiku: http://www.5pumpcourt.com/barristers/kemi-ojutiku Kemi Ojutiku says that arbitration can offer a cheaper, more effective remedy than going to court to protect your rights. None of us has been able to escape the recent news and publicity surrounding the ‘Data grab’, as it has been more...
Sailing to Byzantium - Blockchain and the Art Market (originally published in Lyon & Turnbull newsletter)
Nothing New under the Sun What has been is what will be, and what has been done is what will be done; there is nothing new under the sun. [Ecclesiastes 1:9] Those words from Ecclesiastes might seem an odd way to start an article on the latest thing in digital connectivity: the new way of building more...
6 Feb 2019 12:30
Regulatory round-up – January 2019The team at Walker Morris have produced their Regulatory round-up for January 2019: Health, Safety and Environmental – January 2019 Data Protection – January 2019 Consumer and Retail Finance – January 2019 more...
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...
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...
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...
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...
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...
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...
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...
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...
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