November/December 2018 #82 – Law Journals

Practice: Service can be a right hassle

Carl Troman assesses a recent decision on service by email ‘By the time the appeal reached the Supreme Court there was no issue about the fact that service was invalid and the case simply turned upon whether a retrospective validation of service should be granted.’ The Supreme Court has recently given judgment in Barton v …

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Discovery: TARgets for lawyers

Tom Whittaker looks at the use of technology in investigations ‘Case law emphasises the need for the technology assisted review (TAR) process to be transparent and reliable so that other parties and the court can understand what has been done.’ A full understanding of any case may require a review of potentially hundreds of thousands …

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Vicarious liability: You can’t bank on it

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Kate Raybould has some bad news for employers ‘The bank’s key contention was that the status of independent contractor afforded a defence to vicarious liability and recent case law developments had not changed that position.’ The parameters of vicarious liability have been under siege recently, with a raft of decisions expanding the limits of the …

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Arbitration: A collision of two heads

Oliver Browne and Robert Price analyse the future direction of arbitration ‘Tribunals should be more mindful of the rights of parties suffering the consequences of guerrilla tactics than the potential for guerrillas to challenge the award.’ In 1989, Lord Mustill commented that ‘commercial arbitration [had] come far from its former roots’ but that it had …

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Contract: Special K

Richard Marshall and James Harrison kick around a new case on implied contracts ‘HHJ Eyre QC stated that the further removed an activity is from physical participation in the sport, the more care is needed in considering whether persons involved in those activities have acceded to the rules of the governing body.’ There is a …

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Insights by Penningtons Manches: Another petrifying blow for privilege?

Nicole Finlayson and Clare Arthurs exorcise the ghost of privilege past ‘It was common ground that SDIP would not be required to produce any documents which were indeed subject to privilege which would be infringed by being produced to the FRC.’ The spectre of legal professional privilege looms large in many a judgment these days. …

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Data protection: Leak liability

Miriam Everett, Julian Copeman, Christine Young, Andrew Moir, Greig Anderson and Lucy McAlister consider a recent Court of Appeal judgment ‘An organisation can be liable for data breaches even if it has taken appropriate measures to comply with the data protection legislation.’ In WM Morrison Supermarkets plc v Various Claimants [2018], the Court of Appeal …

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Misrepresentation: The voice of reason

Gwendoline Davies and Lynsey Oakdene highlight the conflict between a non-reliance clause and a misrepresentation claim ‘If liability for misrepresentation would arise if the clause did not exist (as indeed it would have in this case), then s3 MA is engaged, and the clause must satisfy the reasonableness test.’ There are various strategies that contracting …

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