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Tom Merrick comments for LexisNexis: Requirement for non-reliance clause to be reasonable upheld (First Tower Trustees Ltd and anor v CDS (Superstores International) Ltd)
26 July 2018Discussing the Court of Appeal decision in First Tower Trustees, Tom Merrick advises that sellers and landlords need to take extreme care in ensuring that replies to pre-contract enquiries are accurate and up to date and be alive to the potential risks in enforcing non-reliance clauses.
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SFO V ENRC: Landmark privilege decision by Court of Appeal
10 September 2018The Court of Appeal has handed down its much anticipated decision in the Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) appeal. In a judgment that will leave many lawyers breathing a heavy sigh of relief, the Court of Appeal overturned large parts of Mrs Justice Andrews’ first instance decision.
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SFO v ENRC landmark privilege case: no appeal but the story continues…
10 October 2018The Serious Fraud Office (SFO) has confirmed that it will not appeal the Court of Appeal’s landmark ruling that documents created during an internal investigation by Eurasion Natural Resources Corporation (ENRC) were protected by litigation privilege and do not have to be disclosed to the SFO. However, the story does not end there because in a new twist, ENRC has applied for a judicial review of the SFO’s investigation into criminal allegations of corruption and financial wrongdoing by ENRC.
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Economou v de Freitas defamation case: appeal dismissed
28 November 2018In what the leading judge called a case with “unusual and tragic facts”, the Court of Appeal has dismissed Alexander Economou’s appeal against the first instance decision that his defamation claims should fail.
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Supreme Court decision on professional negligence and loss of chance: Perry v Raleys Solicitors
21 February 2019The Supreme Court has upheld the appeal of a firm of solicitors defending a professional negligence claim and helpfully reiterated well-established principles about the approach the court must take when considering the issue of causation in loss of chance cases. The decision clarifies what has to be proved in cases where the question for the court depends on what: (a) the claimant would have done (which the claimant must prove to the usual standard ‘on the balance of probabilities’); compared with (b) what others would have done (which are better assessed on a loss of chance basis).
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Penalty appeal kicked into touch - Nosworthy v Instinctif Partners Ltd
24 April 2019A court has recently upheld the actions of an employer (IP) which enforced bad leaver provisions contained in its articles of association (Articles). Those provisions required a resigning employee (N) to transfer her shares for minimal consideration and forfeit her loan notes.
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Lloyd v Google: data breach class actions, have the floodgates opened?
16 October 2019The Court of Appeal has granted permission for a US-style (opt-out) “class action” to be brought on behalf of 4.4 million unidentified iPhone users against Google, to be served out of the jurisdiction. Mr Lloyd’s claim seeks uniform damages for unlawful use of browsing data without proof of damage for each individual. This ground-breaking decision overturns the High Court decision and sets the scene for the first UK class action for misuse of data.
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Clarifying the boundary of regulated activities: Financial Conduct Authority v 24Hr Trading Academy Ltd
29 March 2021On 25 March 2021, the High Court delivered summary judgment in FCA v 24Hr Trading Academy Ltd regarding breaches of the general prohibition and restriction on financial promotion by a financial education firm. The FCA sought injunctive relief and restitution.
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Supreme Court dismisses Times Travel (UK) Ltd’s lawful act economic duress appeal (Pakistan International Airline Corporation v Times Travel (UK) Ltd): Tom Beard comments for Lexis Nexis
20 August 2021The Supreme Court has unanimously ruled in favour of dismissing the appeal by Times Travel (UK) Ltd. The judgment sets out the essential elements on the doctrine of lawful act economic duress and what constitutes an illegitimate threat or pressure.
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In House Data Club: Data Disputes – Lloyd v Google and other recent cases
25 November 2021After what feels like a very long wait the Supreme Court’s judgment in Lloyd v Google has been handed down. Is this the latest case that means things are looking up for data controllers? Join us at our next In House Data Club via Webex on 25 November at 9.30am to 10.30am where we will delve into Lloyd v Google in more detail and then take a whistle-stop tour around some other cases of note from this year.
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Lloyd v Google – the Supreme Court decision and its impact on data litigation
09 December 2021Now that the dust is settling on the long-awaited judgment of the Supreme Court in Lloyd v Google, it is worth reflecting how we ended up here, as well as what it means for the future of data litigation. After all, Lloyd v Google [1] was the case that was set to determine whether floodgates would open in the UK when it comes to ‘opt-out’ data & privacy class actions.
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Ciara Fulton joins John Pienaar on Times Radio’s Drive show to discuss the recent Supreme Court in PSNI v Agnew ruling
06 October 2023Head of our Belfast office Ciara Fulton was interviewed yesterday by John Pienaar for Times Radio's Drive show, in relation to the recent Supreme Court ruling in PSNI v Agnew ruling that claims for underpayments of holiday pay can potentially stretch back many years.
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NYT v OpenAI: The Publishing Sector’s AI Content-Scraping Conundrum
19 January 2024Text and Data Mining (TDM) – and “web scraping” more generally – has been thrust into the spotlight with the recent explosion of Generative AI. At the heart of the issue lies a tension between AI companies on the one hand and publishers on the other.
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Sports Q&A: How is AI being utilised in Sport?
30 May 2023The use of data in sport is a well-established practice: sports teams, institutions, and governing bodies have a long history of leveraging data science to enhance the performance of athletes and players, with the goal of achieving a competitive advantage and improving the quality of the game.
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Business as (un)usual - how to manage a return to business after Covid-19
24 April 2020The UK’s lockdown has been extended until at least 7 May 2020 and there may then be a further extension. When it is eventually lifted, measures for a gradual and phased return to the workplace are likely to be imposed, with social-distancing measures remaining in place. You need to start thinking now about how to manage this process.
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UsToo? – Addressing bullying and sexual harassment in the legal profession
16 May 2019Earlier this week, the International Bar Association published its report on bullying and harassment in the legal profession. The message is clear – as a profession we are not meeting the highest standards of conduct which are integral to our positions as bastions of the law. We must change within the profession, and take responsibility for driving wider societal change.
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USOC condemns unofficial use of Olympic hashtags
24 August 2016Alex Kelham has commented in an article for World Sports Law Report which discusses the unofficial use of Olympic hashtags.
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Spam using Lewis Silkin's name
19 February 2014It has come to our attention that there are emails circulating purporting to be from Lewis Silkin, whether in reference to the firm or a Barrister called Lewis Silkin.
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“(Section 55) Shades of Gray” - using the Data Protection Act to prevent employees misusing or taking data
27 February 2017A recent case has highlighted a potentially helpful mechanism in the Data Protection Act 1998 (“DPA”) for employers to use if they are concerned about employees taking data when they leave.
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Mob rule? Using crowdsourced data as substantiation
14 June 2017This session will focus on Crowdsourcing Substantiation. When consumers post reviews, interact with social media platforms, and use applications and other technology, a staggering amount of data is collected. However is this data credible and can it be used for reviews and endorsements?