Insights: Legal Updates - October 2018

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ICO penalty for spam overturned

Eddie Powell, Thomas Edwards |

A fine imposed by the ICO on a company accused of sending millions of unsolicited emails was overturned last month by the Appeal Tribunal[1]. The ICO had initially issued the fine against Xerpla Ltd, for a breach of regulation 22 of the Privacy and Electronic Communications Regulations (PECR) against unsolicited communications. In brief, this regulation […]


A strict interpretation

Leigh Callaway, Sophia Purkis |

Bou Simon v BGC Brokers LP: a salient reminder of the strict approach the court will take when deciding whether to imply a term into a contract. Hindsight is a wonderful thing – but irrelevant for interpreting contracts, say Sophia Purkis & Leigh Callaway The express written provisions of a contract are not, or at […]


Hands off, its mine! Beneficial interests vs creditors’ rights

Alexander Wildschütz |

Litigation partner Alexander Wildschütz discusses one of his recent cases highlighting the impact of invisible third party rights on creditors’ interests. Our client, a German bank, had obtained a judgment in the German courts against a former customer for the payment of €1.3m owed under various loan agreements. We quickly established that the debtor was […]


Fake online reviews: TripAdvisor leads the fight

Eddie Powell, Thomas Edwards |

In June 2018 a criminal court in Lecce, Italy handed down a landmark ruling, convicting an individual of fraud for posting fake reviews online. The court passed down a sentence against the owner of PromoSalento, a company which sold false reviews to hospitality businesses, finding him guilty on the grounds of using a fake identity […]


Appeal against UK’s first Unexplained Wealth Order rejected

Helena Luckhurst |

An attempt to appeal the UK’s first Unexplained Wealth Order (UWO) has recently failed in the High Court. In February 2018, the UK’s National Crime Agency sought an UWO against Mrs A (whose anonymity may only be temporary), seeking information about the purchase of a valuable London property. UWOs require an individual to provide a […]


Gifting millions under Lasting Power of Attorney: the JMA case

Helena Luckhurst |

One of the less talked about implications of losing capacity in old age is that Inheritance Tax (IHT) planning often becomes impossible without court intervention.  Incapable wealthy family members cannot make gifts because they lack the capacity to authorise them.  Even if they have had the foresight to sign a Property & Financial Affairs Lasting […]


Fintech quarterly round-up: July – September 2018

Charles Proctor |

This quarterly round-up looks into some of the main regulatory developments and trends in fintech regulation during the third quarter of 2018. The previous briefings for 2018 can be found here and here. Regulation, regulation, regulation The much anticipated Treasury Committee report on crypto-assets in the UK was published in September.  The main takeaway is that […]


New trends in construction procurement

Hollie Docherty |

Parties carrying out construction work often assume that either standard (or traditional) procurement or design and build procurement should be used to procure their projects, particularly when third party development funding is being obtained.  However we are seeing a clear trend towards parties selecting other procurement routes to suit their particular projects and lenders being […]