Mon09252017

Last updateTue, 24 Feb 2015 5pm

Faranak Ghajavand continues her litigator’s guide to subject access requests

Part 1: 'Change the subject' (CLJ73, May/June 2017)

In this second instalment, I continue my assessment of subject access requests (SARs) in commercial litigation, and turn now to the limits of SARs in civil litigation.

Chris Webber and Michael Davar weigh up the impact of the Rome Convention in financial derivatives claims

In the sphere of financial derivatives, claims in the English courts by foreign municipalities and other public bodies subject to special legislation have, since 2008, been numerous. In particular, there have been a number of disputes over whether foreign ‘mandatory’ laws apply to derivative contracts by operation of Art 3(3) of the Rome Convention despite the parties’ express choice of English law.

Francesca Ruddy analyses a recent case examining the relationship between costs budgeting and costs awarded

A number of costs assessments had been put on hold pending the outcome of the appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017], which was referred directly to the Court of Appeal from the Senior Courts Costs Office on a ‘leapfrog’ basis.

In part one of a two-part consideration, Tom Snelling and Lauma Skruzmane survey the perilous path of Brexit

Now that the Brexit negotiations have finally begun and the principal negotiators have exchanged mountaineering-themed gifts, the steepness of the climb ahead is dauntingly apparent. The best path to tread will not always be clear. In fact, for both sides, the negotiations will be labyrinthine. As the initial discussions have already demonstrated, media and public scrutiny of the negotiators’ progress is unrelenting (with some quick to look for evidence of concession and the whiff of a U-turn). Securing agreement on even (comparatively) straightforward issues will be challenging, but more so when complex legal points are engaged. Against this backdrop, a successful resolution to questions about the future framework for jurisdiction and the recognition and enforcement of judgments will be far from easy; however, securing such a resolution is vital to safeguard individuals’ rights and the success of any UK-EU trading relations post-Brexit.

Gwendoline Davies, Andrew Northage and Robert Starr assess the impact of a recent ruling on legal professional privilege

A recent High Court ruling is the latest in a line of cases to limit the scope and availability of legal professional privilege. While Serious Fraud Office (SFO) v Eurasian Natural Resources Corporation Ltd [2017] (SFO) was a criminal case, it applies equally to civil and regulatory investigations, and will be of significant interest because of its important implications for legal professional privilege.

Elizabeth Wiggin and Jonathan Wood report on a recent ECJ decision

The European Court of Justice recently considered issues of jurisdiction under Art 7(1) of Reg No 1215/2012 (the Recast Brussels Regulation) for a reimbursement claim brought by one debtor against another regarding a credit agreement. The decision in Kareda v Benko [2017] provides clarification of the court’s jurisdiction under Art 7(1) of the Recast Brussels Regulation.

Nicole Finlayson and Clare Arthurs provide a timely overview of recent case law

As we write, summer is well and truly here. Maybe the temperature has gone to our heads, but the balmy conditions have infused our column. We hope this sun-drenched offering puts a little sunshine into your day. It’s probably raining again by now…

In the first of a two-part article, Faranak Ghajavand provides a litigator’s guide to the benefits of subject access requests

Section 7 of the Data Protection Act 1998 (DPA) establishes the right of individuals to make a subject access request (SAR). Individuals can seek access to personal information processed by or on behalf of data controllers and have that – and certain other information relating to the personal data – communicated to them, subject to specific exemptions set out in the DPA.

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