Sunrise/sunset of entrance of the RPC building.

Snapshots - Winter 2018

Published on 27 December 2018

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

It's been a busy end of 2018, and this quarter we have the largest Snapshots collection ever.  Key developments to flag include: whether an entire agreement clause can exclude claims for misrepresentation plus a classic case of failing to sign off agreements before starting work on a project (raising the question as to whether a construction claim was worth £600K or £40m).  There's a useful trade mark case looking at whether Argos Systems Inc had taken unfair advantage of Argos UK's EU trade mark through setting up an advertising billboard site.  In data, the ICO is consulting on the GDPR update to the Direct Marketing Guide, whilst the threat of data class actions are beginning to raise their head, as shown by  the Richard Lloyd v Google action and Morrisons being held vicariously liable for the actions of a rogue employee.  Finally, in advertising it's (still) all about influencer marketing, RRPs and HFSS (look out in particular for the article on Coco's revenge!).  As we say, it's been a busy end of year!  Enjoy. 

Explore our snapshots by topic or download the full roundup

Advertising & Marketing

  • #Ad-vice for influencers and brands. Read more.

  • Under an obligation to repost an article you’ve written?  You may need #ad – ASA rules against Platinum Gaming Ltd t/a Unibet. Read more.
  • New CAP Code rules on the use of data for marketing. Read more.

  • “By your side” claim not misleading – Lloyds Bank. Read more.

  •  CAP issues new guidance on RRP comparisons. Read more.
  • Savings claims not substantiated and significant limitations omitted – Laura Ashley Ltd. Read more.

  • Coco’s revenge – ASA reverses Kellogg’s HFSS decision. Read more.

  • Placing HFSS ads too close to schools. Read more.

  • ASA issues guidance on HFSS media placementRead more.

  •  CAP tips on social media prize promotions. Read more.

  • ASA announcement on prize winners rule under the GDPR. Read more.

  • Failing to honour a gift promotion – ASA ruling against Superdrug. Read more.

  • Gambling ads of “particular appeal” to children. Read more.

  • Consultation on age and identity verification. Read more. 

Commercial cases

  • Fawaz Al-Hasawi v Nottingham Forest Football Club Ltd. Read more.

  • GPP Big Field LLP v Solar EPC Solutions SL (Formerly Prosolia Siglio XXI) [2018] Read more.

  • UBS v Rose Capital Ventures Limited and others. Read more.

  • Arcadis Consulting (UK) Limited v AMEC (BCS) Limited [2018]. Read more.

  • Government announces plans to prohibit certain contractual termination clauses. Read more.


  • Amended UK consumer regulations in advance of Brexit. Read more.

  • Viagogo ordered to provide better information on ticket purchasing. Read more.

  • Misrepresentations during the selling process. Read more.

Data protection

  • Facebook ordered to reveal who requested deletion of deceased’s profile – Sabados v Facebook Ireland. Read more.

  • ICO Calls for views on GDPR update to Direct Marketing Guide. Read more.

  • “Google You Owe Us” class action blocked – Richard Lloyd v Google LLC. Read more.

  • Various Claimants v WM Morrisons Supermarket PLC [2018] EWCA Civ 2339. Read more.

  • Six month imprisonment in first ICO computer misuse act prosecution. Read more.

  • Bupa fined for systemic data protection failures. Read more.

  • Ireland’s Data Protection Commission launches investigation into Facebook’s data breach. Read more.

  • Equifax fined £500,000 for data breach of 15m UK customers. Read more.

  • What if there’s no Brexit deal? Read more.

Intellectual property

  • Reformation Publishing Co Ltd v Cruiseco Ltd (Spandau Ballet). Read more.

  • Argos Limited v Argos Systems Inc [2018]. Read more.

Technology/ Digital

  • Unjustified Geo-blocking Regulation. Read more.

  • The EU fights “fake news”. Read more.
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