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Contractual interpretation / limitation of liability

12 April 2018

How will the Court interpret limitation of liability clauses?

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Snapshot

Contractual interpretation / implied terms

12 April 2018

How will the Court approach interpretation of related agreements and implying terms for "business purposes"?

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Snapshot

Assessing damages for termination

12 April 2018

How will the Court assess damages for termination on an express contractual right?

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Snapshot

Key principles of ad disclosure

11 April 2018

What are the rules around disclosure of marketing communications?

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Snapshot

ASA ruling on Ryanair's claim: "Europe's number one airline"?

11 April 2018

How will the ASA interpret a claim to be "number one" in the context of widespread negative publicity?

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Snapshot

ASA call for evidence on recognition and labelling of online ads

11 April 2018

Do consumers have a clear understanding of the labelling used for online ads?

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Snapshot

ASA guidance on promotional marketing for subscription models

11 April 2018

What guidance does the ASA provide regarding advertising for 'free trials' (and similar promotional techniques) for subscriptions?

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Snapshot

ASA ruling on Amazon TV ad interacting with AI

11 April 2018

Was a TV ad which interacted with an Amazon device to place an unwanted order socially irresponsible?

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Snapshot

Article 29 Working Party publishes guidelines on data breach notifications under the GDPR

11 April 2018

What data notification procedures should data controllers and processors have in place by 25 May 2018?

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Snapshot

Article 29 Working Party adopts guidelines on Data Protection Impact Assessments

11 April 2018

When should a data controller conduct a Data Protection Impact Assessment (DPIA)?

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Snapshot

Article 29 Working Party publishes draft guidelines on transparency under the GDPR

11 April 2018

In accordance with the GDPR's new obligation of transparency, what do the WP29 draft guidelines suggest you put in your organisation's privacy policy and other privacy notices?

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Snapshot

Article 29 Working Party publishes guidelines on consent under the GDPR

11 April 2018

What exactly are the higher standards of consent under the GDPR?

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Snapshot

Court of Appeal declares the Data Retention and Investigatory Powers Act 2014 unlawful

11 April 2018

Is section 1 of the Data Retention and Investigatory Powers Act 2014 (DRIPA) inconsistent with EU law?

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Snapshot

ICO fines Carphone Warehouse £400,000 following systemic data failures

11 April 2018

Need an example of how not to protect your customers' and employees' data? Then, read on!

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Snapshot

ICO publishes draft guidance on children and the GDPR

11 April 2018

What extra requirements must be met when processing the personal data of a child under the GDPR?

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Snapshot

Vicarious liability for deliberate data breaches

11 April 2018

Can a business be held vicariously liable for the actions of an employee who deliberately breaches its employer's data protection policies and data protection law?

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Blog

Volkswagen: CJEU provides guidance on the time limit for input VAT recovery

Published on 11 April 2018. By Nicole Kostic, Senior Associate

In Volkswagen AG v Finančné riaditeľstvo Slovenskej republiky C-533/16, the Court of Justice of the European Union (CJEU) has held that Member States cannot impose a time limit on input tax recovery that denies claims before the taxable person is in a position to exercise its right to recover.

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Publication

Asset management market study update

Published on 10 April 2018.

On 5 April 2018 the FCA published proposals to address concerns identified in its asset management market study

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Blog

Game theory and the art of litigation settlement

Published on 06 April 2018. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

This article is the first in a series targeted at litigators that consider the issue of settlement in litigation through a mathematical lens.

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Press and Media

25 cartel members blow the whistle in the UK on illegal price fixing in bid for softer sentences

06 April 2018

Competition and Markets Authority proactively cracking down on cartel-related activity

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Blog

New(ly reiterated) grounds for stay on enforcement of an adjudication decision

05 April 2018

A real risk of the dissipation or disposal of an adjudication sum may justify the grant of a stay on enforcement of an adjudicator's award.

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Blog

Property Alliance Group Limited v The Royal Bank of Scotland plc – a pyrrhic victory?

Published on 04 April 2018. By Parham Kouchikali, Partner and Joe Cresswell, Associate

The Court of Appeal handed down its much anticipated judgment on the misselling and LIBOR manipulation test case in March. Whilst the appeal was dismissed in full, the Court of Appeal's decision clarified a number of aspects of the law in this area and, in particular, the circumstances in which an implied representation in respect of LIBOR would arise.

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Blog

Jackson : HMRC penalised in penalties case

Published on 04 April 2018. By Adam Craggs, Partner

In Jackson v HMRC [2018] UKFTT 0064 (TC), the First-tier Tribunal (FTT) has held that HMRC had misapplied the law in respect of penalties it had issued to the taxpayer for filing late returns.

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Publication

Tax update April 2018

03 April 2018

In this month’s update we report on HMRC’s new Code of Practice 8 guidance, the OECD’s consultation on misuse of residence and citizenship schemes to circumvent the common reporting standard.

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Blog

The future of the NHS: Concerns and comparisons

Published on 29 March 2018. By Hannah Land, Associate

New poll suggests greater concerns over cuts to NHS funding than terrorism threat.

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Blog

Properties are Heating Up – New Minimum Energy Efficiency standard to come into force

Published on 29 March 2018. By Jani Ihalainen, Paralegal

On 1 April 2018 the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2018 ("the Regulations") will come into force, introducing Minimum Energy Efficiency Standards ("MEES") for privately rented properties, including retail properties.

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Press and Media

RPC announces Gender Pay Gap figures

29 March 2018

City-headquartered professional services firm RPC has announced its 2017 Gender Pay Gap figures for the UK.

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Blog

ESMA cracks down on the sale of binary options and CFDs to retail investors

Published on 29 March 2018. By Lucy Kerr, Senior Associate

The European Securities and Markets Authority (ESMA) has announced its intention to prohibit the sale of binary options to retail investors and to place restrictions on the sale of contracts for difference (CFDs). This is the first use of ESMA's new intervention powers under MiFID II.

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Blog

FCA reviews approach to enforcement and penalties

Published on 28 March 2018. By Ashley Daniells, Associate and Sarah Dowding, Senior Associate

The FCA has announced plans in its recent consultation paper on enforcement to review how it applies penalties which have gone from record highs to record lows over the past 5 years.

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Blog

Hicks: Discover the limits

Published on 28 March 2018. By Constantine Christofi, Associate

In J Hicks v HMRC [2018] UKFTT 22, the First-tier Tribunal (FTT), in allowing the taxpayer's appeal, has held that discovery assessments issued by HMRC were invalid as the condition contained in section 29(5), TMA 1970, was not satisfied.

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Blog

Vicarious liability of data controllers: The Morrisons data breach case

Published on 28 March 2018. By Nicola Cain, Partner

Following the conviction of Andrew Skelton, a former Morrisons employee, after he published Morrisons’ employees’ personal details on a file sharing website, a group of over 5,500 employees of Morrisons took action against the supermarket to recover compensation for breach of a statutory duty under the UK Data Protection Act 1998 (‘DPA’), as well as for breach of confidence and misuse of private information.

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Video

Takeaways from Retail Week Summit 2018

26 March 2018

Find out some of our key takeaways from the Retail Week Summit 2018

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Publication

VAT update March 2018

26 March 2018

In this month’s update we report on HMRC’s informal VAT grouping consultation; HMRC’s update on its project to digitise the VAT Retail Export Scheme and HMRC’s new guidance for Fast Parcel Operators.

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Blog

Can the WTO assist British trade post-Brexit?

Published on 26 March 2018. By Max Rossiter, Trainee Solicitor

The World Trade Organisation (WTO) has been in the press recently perhaps more than it would like, with concerns being raised about whether its rules would be sufficient to maintain British trade in the event of a "hard Brexit". But what is the WTO, and how does it deal with disputes?

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Publication

Health and safety update March 2018

26 March 2018

Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Blog

<連載コラム・欧州M&A最前線>2018年3月

Published on 23 March 2018. By Nigel Collins, Partner, Head of Japan Desk

この原稿を書きながら窓の外を眺め、英国にもようやく春が来たのではないかと期待している。今年はずいぶん待たされた。これほど長く厳しい冬に耐えた後には、きっと暑くて長い夏が来ると思いたい。

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Blog

Using data to bring innovative products to the market … and keep them there

Published on 22 March 2018. By Peter Rudd-Clarke, Legal Director

There are now more and more opportunities to collect and use health data to innovate, improve efficiency and improve care. The same data could prove very useful in responding to the threat of litigation too

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Video

How to demonstrate your value during a crisis

Published on 21 March 2018. By Jeremy Drew, Partner

Jeremy Drew recaps his session from the Enterprise GC Conference - How to demonstrate your value when the media lens is on your business.

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Video

Considerations for future GCs

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner

Partner Jon Bartley and Head of Corporate Karen Hendy recap key points from the Enterprise GC conference including key considerations for the future.

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Video

Main themes from the Enterprise GC Conference

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner and Jeremy Drew, Partner

Jon Bartley, Karen Hendy and Jeremy Drew discuss the main themes from the Enterprise GC Conference.

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Blog

Taylor Wimpey – Upper Tribunal clarifies the application of the 'builder's block' scheme

Published on 20 March 2018. By Michelle Sloane, Senior Associate

In Taylor Wimpey Plc v HMRC [2018] UKUT 55, the Upper Tribunal (UT) has allowed in part the taxpayer's appeal in relation to its claim to recover input VAT incurred on the provision of certain white goods, kitchen appliances and carpets installed in newly built houses.

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Blog

SFC requires ICO to be withdrawn from Hong Kong public

Published on 20 March 2018. By Jonathan Crompton, Partner

On 19 March 2018 the Securities and Futures Commission (SFC) announced that it had halted an initial coin offering (ICO) to the Hong Kong public by Black Cell Technology Limited (Black Cell).

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Publication

Enhancing the cross-border distribution of collective investment funds

Published on 16 March 2018.

The European Commission has published a draft Regulation and Directive on the cross-border distribution of investment funds. The aim is to establish a genuine internal capital market by addressing fragmentation and removing regulatory barriers (namely Member States’ marketing requirements, regulatory fees and notification and administrative requirements), which can all prevent the cross-border distribution of investment funds in the European Union.

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Blog

The High Court confirms the availability of Bankers Trust orders to trustee Claimants seeking to recover misappropriated assets

Published on 16 March 2018. By Jonathan Cary, Partner

The decision of the High Court in Miles Smith Broking Limited –v– Barclays Bank PLC has confirmed for the first time the availability of the commonly encountered Bankers Trust order to trustee Claimants of stolen/misappropriated property, highlighting the flexibility of the Court's equitable jurisdiction when presented with new situations. The decision also serves as a neat illustration of the Court's willingness to grant Norwich Pharmacal relief to facilitate the recovery of unlawfully dissipated assets and the types of complimentary interim remedies available to Claimants for that purpose.

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Blog

Litigation privilege: whose privilege?

Published on 15 March 2018. By Davina Given, Partner and Christopher Whitehouse, Senior Associate

The claimants, companies in the corporate group of the mining company MMG, applied to inspect certain documents created in foreign proceedings over which the defendants, companies belonging to the mining company Glencore, asserted litigation privilege.

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Blog

Frederick & Others v Positive Solutions Limited – a win for principals on vicarious liability

Published on 14 March 2018. By David Allinson, Senior Associate and Lucy Joyce, Senior Associate

The Court of Appeal has reinforced the idea that liability will only attach to a principal in cases where a tort committed by an agent can be shown to have been completed as an integral part of the business activities of the principal. Furthermore, all elements composing the tort must take place within the course of the agency. The case thickens the lines defining what conduct of an agent could lead to recovery from the principal.

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Blog

Bawa-Garba case exposes shortcomings in management of medical errors

Published on 14 March 2018. By Ella Shanks, Trainee Solicitor

Urgent government review of medical malpractice underway following conviction of Dr Bawa-Garba and the management of medical mistakes.

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Blog

Frederick & Others v Positive Solutions Limited – a win for principals on vicarious liability

Published on 14 March 2018. By David Allinson, Senior Associate and Lucy Joyce, Senior Associate

The Court of Appeal has reinforced the idea that liability will only attach to a principal in cases where a tort committed by an agent can be shown to have been completed as an integral part of the business activities of the principal. Furthermore, all elements composing the tort must take place within the course of the agency. The case thickens the lines defining what conduct of an agent could lead to recovery from the principal.

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Blog

Towers Watson – Tribunal confirms HMRC cannot raise new matters not covered in a closure notice

Published on 13 March 2018. By Alexis Armitage, Associate

In Towers Watson Limited v HMRC [2017] TC06241, the First-tier Tribunal (FTT) has held that HMRC cannot raise new matters which were not covered in the closure notice which it had issued to the appellant company.

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Press and Media

Copyright disputes from sports and music rights holders continue to flood High Court

12 March 2018

Five of the Top 10 High Court claimants are football or music rights holders

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