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William Long assesses the impact of Brexit on data protection legislation in the UK ‘If the UK was to adopt its own data protection rules and regulations, it would likely ensure that these comply with EU data protection laws, in order to obtain an adequacy determination from the European Commission.’On 23 June 2016, UK voters …
Continue reading "Data Protection: Digital departure"
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Nicholas Greenwood and Paul Mesquitta examine some of the potential commercial litigation consequences of a ‘Brexit’ ‘Should there be a leave vote, the Brussels Regulations would not apply to the UK, leaving the position and enforceability of judgments by the courts of England and Wales in an EU member state uncertain.’With the referendum for Britain …
Continue reading "Enforcement: An island nation"
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Nicholas Greenwood and Paul Mesquitta examine some of the potential commercial litigation consequences of a ‘Brexit’ ‘Should there be a leave vote, the Brussels Regulations would not apply to the UK, leaving the position and enforceability of judgments by the courts of England and Wales in an EU member state uncertain.’With the referendum for Britain …
Continue reading "Enforcement: An island nation"
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Maura McIntosh reports on a recent Court of Appeal decision on Part 36 and split costs orders ‘A claimant who beat its own offer was entitled to all its costs on an indemnity basis, unless that would be unjust.’ The Court of Appeal has overturned an order depriving a claimant of part of her costs …
Continue reading "Part 36: No half measures"
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Jack Rabinowicz, Rod Cowper and Simon Boschat consider ex parte continuing disclosure obligations ‘There have been a series of cases which have considered the continuing duty of ex parte applicants to disclose material matters to the court as they arise post the making of the ex parte order.’ It is the standard practice in legal …
Continue reading "Disclosure: Show and tell"
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David Niven and Elisabeth Mason explore a recent judgment on aggregation ‘Unsurprisingly, claimants and insurers often disagree over the circumstances in which multiple claims should be aggregated.’ The Court of Appeal has ruled on the proper construction of the aggregation clause in the Solicitors’ Regulation Authority’s (SRA’s) ‘Minimum Terms and Conditions of Professional Indemnity Insurance’ …
Continue reading "Contract: Pride, prejudice and aggregation"
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Andrew Beck outlines Norwich Pharmacal and explains the two tactical options recently highlighted which can be of both assistance and concern to those within data-sensitive industries ‘Norwich Pharmacal jurisdiction dictates that the applicant must establish that the order sought is necessary to enable it to seek legal redress for a wrongdoing, and that any disclosure …
Continue reading "Injunctions: The road to East Anglia"
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Andrew Skelly reviews the jurisdiction to award damages in lieu of an injunction ‘The judgment in Peires arguably marks a departure from the approach in Coventry when applying the balancing exercise between the right of a person to the undisturbed enjoyment of their property against the right of another person to use their own property …
Continue reading "Remedies: A helicopter flight from Coventry"
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Michelle Radom looks at security for costs and the secretive defendant ‘Although a claimant does not have to voluntarily fill in the gaps of a defendant’s knowledge in order to support an application for security for costs, and deliberate reticence is not a breach of the rules, it was held that the court can and …
Continue reading "Costs: Secure secrets"
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Andrew Cousins highlights the practical lessons to be learned from the recent decisions in Barton v Wright Hassall LLP [2016] and OOO Abbott v Econowall UK Ltd [2016] ‘Service has a number of purposes but the most important is to ensure that the contents of the document served are communicated to the defendant. Service is …
Continue reading "Service: First serve"
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