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A litigator's quiz: Fourth candle of Advent

23 December 2019. Published by Davina Given, Partner

The quiz continues with more questions on the key commercial decisions of 2019 in the UK Supreme Court and what to look out for in 2020.

6. What is likely to be a recurrent topic in decisions in 2020 (pick any two)?

(a) Vicarious liability of employers

Correct! 

Barclays Bank plc v Various Claimants UKSC 2018/0164 (heard in November 2019) will consider employer liability for sexual assaults committed by a medical practitioner in the course of examinations carried out at the employer's request. WM Morrisons Supermarkets plc v Various Claimants UKSC 2018/0213 (heard in November 2019) will consider vicarious liability of an employer under the Data Protection Act 1988; see here for more detail on the Court of Appeal decision.

(b) Disclosures by arbitrators

Not a recurrent topic as far as we know, but Halliburton Company v Chubb Bermuda Insurance (heard in November 2019) will consider when an arbitrator should disclose circumstances which might give rise to justifiable doubts about his or her impartiality.

(c) Causation in the context of negligence

Not a recurrent topic as far as we know, but Manchester Building Society v Grant Thornton UKSC 2019/0040 (permission granted 1 July 2019) will consider the recoverability of losses following negligent advice on the accounting treatment of swaps; see here for more detail on the Court of Appeal decision.

(d) Extraterritoriality of information-seeking powers

Correct! 

R (KBR Inc) v Serious Fraud Office UKSC 2018/0215 (permission granted 8 April 2019) will consider the power of the SFO to seek documents outside the UK held by foreign companies using section 2 of the Criminal Justice Act 1988. R (Jimenez) v HM Revenue & Customs UKSC 2019/0043 (permission granted 27 June 2019) will consider the power of HMRC to require non-resident taxpayers to provide information under Schedule 36 of the Finance Act 2008; see here for more detail on the Court of Appeal decision.

Thank you for playing (click here)

If you answered all the questions right, congratulations!  Light the fourth Advent candle to celebrate.

And regardless of how you answered the questions, best wishes for 2020!

Advent candle quiz RPC law week 4