Get up to date with the Spring 2020 edition of Resolve, our litigation newsletter
Supreme Court clarifies scope of vicarious liability in data protection claims
In a long-awaited decision on vicarious liability in data protection claims, the Supreme Court has found that Morrisons is not liable for a data breach carried out by a rogue employee, but has confirmed that, in principle, the vicarious liability regime will apply in claims for breach of data protection legislation.
The X-Files: joint privilege and filing systems in a data protection context
HEADLINE SUMMARY
- Personal data sought by a beneficiary of a trust under a Subject Access Request cannot be withheld by a trustee on the ground of legal advice privilege (the position being one of joint privilege)
- Manual (paper) records fall within the data protection regime if: (1) the records are a "structured set of personal data"; (2) the data is accessible according to specific criteria; (3) the criteria are "related to individuals"; and (4) the specific criteria enable the data to be easily retrieved
Joint venture agreements: no implied duty of good faith
There is generally no implied duty of good faith in a joint venture (JV) agreement arising by default, the High Court has held (Russell v Cartwright & Ors [2020] EWHC 41 (Ch)).
Can an invalid deed be enforced as a contract?
The High Court has confirmed that where a deed was held to be invalid (e.g. because it was not signed/sealed in the presence of a witness), the document could still be enforced as a contract.
Your business frustrated, the Covid-19 tightrope
In the worsening coronavirus pandemic many contractual commitments will now be difficult, if not impossible, for businesses to fulfil, especially given recent government advice on travel and social distancing.
'Arkin up the wrong tree?' A change in approach to the Arkin Cap
The Court of Appeal has confirmed that the 'Arkin Cap' does not automatically apply in cases involving commercial litigation funders.
Coronavirus and business interruption insurance – pandemic protection?
Business interruption insurance is often a critical component of a company's continuity plan. Since the government introduced stringent measures to delay and flatten the peak of covid-19, businesses are facing significant financial losses due to interference with their revenue streams.
Privilege – two decisions on exceptions to legal professional privilege
Recent cases have emphasised that legal professional privilege is a fundamental rule: the right of a client to consult lawyers without concern that such communications will subsequently be revealed or used in court without the client's consent. It follows that there are very limited exceptions disapplying privilege where it would otherwise subsist, and such exceptions will be narrow.
The Brief Case - Quick updates for those dealing with disputes
The Brief Case holds several quick updates, highlighting recent useful decisions for those dealing with disputes.
Force Majeure Toolkit
Download our Force Majeure Toolkit for guidance on the questions that may arise in relation to contracts governed by English law.
Download the toolkit
Related Insights
All Insights
Ireland's High Court supports Landlord's refusal of consent on the grounds of good estate management
Provider Selection Regime Compliance Tool
Electronic Communications Code: First-tier Tribunal provides further guidance on the recoverability of legal costs
Subscribe to updates
Get our latest updates delivered to your inbox