Snapshots - Autumn 2017
A roundup of key legal developments for the modern commercial lawyer.
This quarter, we remember the importance of reading T&Cs – if you’re not commercial, you will wind up inadvertently agreeing to clean portable festival toilets! Our case review features guidance on the circumstances under which UCTA applies, as well as a focus on contactual interpretation – including further support for the ‘Rainy Sky’, Arnold v Britton and Wood v Capita triumvirate. It has also been a big quarter for data protection, with the publishing of the Government’s new Data Protection Bill as well as ICO guidance and enforcement activity. Enjoy!
Explore our snapshots by topic or download the full roundup
Advertising & Marketing
- New BCAP guidance on advertising of high fat, salt and sugar (HFSS) products
- ASA Ruling on John Lewis Partnership plc t/a John Lewis – misleading pricing of products advertised as free in bundle promotions
- ASA Inspop.com Ltd t/a Confused.com (5 July 2017) – ASA decision on “No.1 claims”
- ASA publishes report on gender stereotyping in advertising
- ASA Ruling on SKY UK Ltd t/a Sky – “Super Reliable” broadband
- ASA Ruling on British Telecommunications plc t/a BT – prominence of qualifications to headline claims
Commercial cases
- Unclear limitation clauses
- Contractual discretion
- Exclusion clauses
- Unfair Contract Terms Act
- Interpretation of uncertain provisions – Kitcatt and others MMS v UK Holdings Ltd and others [2017] EWHC 675 11
- Supreme Court decision on conflicting contractual standards – MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59
- GB Building Solutions Ltd (in administration) v SFS Fire Services Ltd (t/a Central Fire Protection) 2017 EWHC 1289
- Effective assignment and notice
Consumer
Data protection
- Government publishes the Data Protection Bill
- Data Protection Working Party adopts Opinion 2/2017 on data processing at work
- ICO publishes updated Subject Access Code of Practice
- ICO fines Boomerang Video Ltd for failure to prevent cyber attack
- ICO issues fines for emails asking customers to change marketing preferences
Technology/Digital
Snapshots - Autumn 2017