News: November 2018

High Court blocks £1-3bn data protection claims against Google

In a recent decision relating to the violation of consumer data privacy, the Court has set out helpful guidance regarding claims brought under the Data Protection Act 1998, as well as in respect of the conditions which must be satisfied for a representative action for breach of data privacy to be brought (Lloyd v. Google LLC [2018] EWHC (QB) 2599).

Data Leaks and Employer Liability

In a group action claim for data theft, the Court of Appeal has upheld an earlier decision that the Morrisons supermarket (Morrisons) was vicariously liable for the criminal actions of a rogue employee who publically released personal data about Morrisons’ staff, irrespective of the fact that Morrisons had taken what the court considered to have been appropriate steps to mitigate the risk of criminal actions.

Found you! – Peering behind the corporate veil

In dismissing a defendant’s ‘corporate veil’ defence, the High Court has made it clear that it can and will allow claims to be made against directors and shareholders in the appropriate circumstances (Palmer Birch v Lloyd & Anor [2018] EWHC 2316 (TCC).

Security for Costs – Cash is King

In a further blow to Claimants responding to demands for security for costs, the High Court has ruled that where security for costs is to be provided by way of a Deed of Indemnity rather than a payment into court, the Court can in its discretion require that the indemnity should cover all the Defendant’s costs.

Money, money, money: It’s a rich man’s world!

Incorporated into UK law in January 2018 as part of the Criminal Finances Act 2017, unexplained wealth orders can compel someone to reveal the sources of their unexplained wealth. Recent decisions highlight the value of this powerful weapon in the war against dirty money.

Fladgate’s Dispute Resolution team achieves strong rankings in Legal 500 for 2018

Our Dispute Resolution team is delighted to have achieved strong rankings in the recently launched edition of the Legal 500 Guide to the UK Legal Profession.