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Snapshots Autumn 2019

Published on 07 November 2019

A roundup of key legal developments for the modern commercial lawyer.

Welcome to the Autumn 2019 edition of Snapshots.  

A key data snapshot to flag is the ICO issuing its largest fine ever (£183m) against British Airways as a result of a data breach which occurred after approximately 500,000 users of the airlines website were diverted to a fraudulent website which collected their personal data.  

With technology infiltrating more and more aspects of the legal landscape, we review the Law Commission's final report on the validity of e-signatures. The report provides clarity for parties seeking to take advantage of the efficiency offered by electronic execution of documents. 

In the commercial case law section, we analyse the recent Court of Appeal decision on reasonable endeavours, which highlights the need act positively to perform the obligation and that parties should not purposefully act in a way to avoid the relevant outcome.

In advertising we look at: the amount of followers you need to be defined as having "celebrity" status; the importance of ensuring that your influencers are truly right for your brand; and what evidence a business must provide to show audience composition. We also explore examples of when an ad perpetuates harmful gender stereotypes and when an ad does not.

Finally, we look at the White Paper on the Fourth Industrial Revolution which details the strategy on regulating new technology and why this is important.

This and much, much more…


Explore our snapshots by topic or download the full roundup



Complaint against e-cigarette poster on grounds of targeting is dismissed by ASA - BAT.  Read more

ASA ruling on alcohol and social responsibility - Macallan.  Read more

ASA ruling on gender stereotyping – Philadelphia.  Read more

ASA ruling on gender stereotyping – Volkswagen.  Read more

ASA ruling on gender stereotyping – Buxton.  Read more

ASA rules on price comparisons – Samuel Windsor.  Read more

Aldi rapped for misleading shopping basket price comparison.  Read more

ASA ruling on sales and introductory offers - Furniture Village.  Read more

ASA rejects complaint that HFSS ad was directly aimed at school children - Cadbury.  Read more

ASA ruling on extending closing dates - Ogilvie.  Read more


Gaia Ventures Limited v Abbeygate Helical (Leisure Plaza) Limited [2019] EWCA Civ 823.  Read more

Racing Partnership Limited v Done Brothers.  Read more

Law Commission - Execution of documents.  Read more

Rectification of contracts: how to assess parties’ intention (Court of Appeal).  Read more

Stobart Group Ltd & Stobart Rail Ltd v Stobart & Tinkler [2019] EWCA Civ 1376.  Read more

Summary judgment granted on basis of “no set off” clause - AMC III Purple BV v Amethyst Radiotherapy Ltd [2019] EWHC 1503 (Comm).  Read more


White Paper on the Fourth Industrial Revolution – Government strategy on regulating new technologies.  Read more

CMA shows how far it is willing to “gogo” to ensure fair consumer practices.  Read more

CJEU confirms that e-commerce platforms need not make a telephone number available to consumers.  Read more

Data protection

ICO update on Adtech Real Time Bidding Report.  Read more

ICO issues record fine against British Airways.  Read more

ECJ rules on Facebook “Like” button.  Read more

New EDPB guidelines on processing personal data through video devices.  Read more

EE fined £100k for sending unsolicited marketing texts.  Read more


ASA rules on inappropriate targeting of gambling ads.  Read more

Sky Bet “sports noggin” ad crosses line on guaranteeing betting success.  Read more 

ASA ruling on using under 25s in betting ads - BetIndex Limited.  Read more

Influencer marketing

ASA ruling on “celebrity” status – ThisMamaLife.  Read more

ASA ruling on weight loss post – Jemmy Lucy.  Read more

The ASA’s Love Island “cheat sheet”.  Read more

ASA ruling on audience composition – Tanya Burr.  Read more


Copyright Directive: CJEU rules on implementation and interpretation of copyright exceptions in Article 5(3).  Read more

Online platforms

DCMS consults on AVMS Directive.  Read more
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