Insights: Leigh Callaway

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Supreme Court takes chance to clarify law on loss of chance

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In Perry v Raleys Solicitors the Supreme Court has provided important guidance on how “loss of chance” professional negligence cases should be approached.


Data Protection – A year’s worth of challenges and threats

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Leigh Callaway and Gerald Brent examine the major issues which have been cropping up continually over the past year.


Update on Litigation Privilege – Important lessons to be learnt

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In recent months we have seen a number of significant judgments regarding the scope of protection offered to litigants by legal privilege. In this article we discuss the effect of those decisions and highlight some of the issues that parties should be aware of.


Asserting or Challenging Jurisdiction

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In a judgment which is essential reading for anyone seeking to establish or challenge jurisdiction in the High Court, in Kaefer Aislamientos SA de CV v AMS Mexico SA de CV the Court of Appeal clarified the test that a party asserting English jurisdiction must meet, and how that test will be applied when, as is usually the case when a jurisdiction challenge is launched, the evidence before the Court is incomplete.


Knowing when to appeal

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When does time for making an application for permission to appeal begin? In circumstances where the time period for making such an application is a relatively limited 21 days, the importance of understanding the answer to this question cannot be understated. In McDonald v Rose, the Court of Appeal recently provided guidance on the procedure to be followed by parties wishing to seek permission to appeal.


Possible implications of a ‘No Deal’ Brexit for commercial contracts

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Despite a wealth of proposals, no clear majority has surfaced for any single legislative option in the House of Commons to manage the United Kingdom’s departure from the European Union (Brexit). As such, as an operation of law on 29 March 2019, without an agreed or managed exit (a No Deal), contracts, domestic and international, will need to be reviewed for their effectiveness. Here we explore the potential effects of a No Deal on typical contractual terms.


Don’t Be Late! Court finds a genuine mistake is no justification

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In a timeous reminder of the importance of adhering to court deadlines, in BMCE Bank International Plc v Phoenix Commodities PVT Ltd & Anor[1] the court refused an application for relief from sanctions where a costs budget was served late a consequence of which the defaulting party was to be limited to only recovering court […]


Mind Your Words: Entire Agreement Clause fails to act as bar to misrepresentation claim

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Background Pursuant to a share purchase agreement NG Football Investments Limited (the “Buyer”) purchased the whole of the issued share capital in Nottingham Forest Football Club Ltd (the “Club”). The Club was heavily indebted, and as a result the seller, NFFC Group Holdings Limited (ultimately owned by Mr Fawaz Al-Hasawi) (the “Seller”) inter alia agreed […]


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

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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 […]


Data Leaks and Employer Liability

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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 […]


“No-deal Brexit: civil and commercial cooperation” guidance published by the Law Society

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Last month the Law Society published guidance (found here) for solicitors, concerning civil and commercial cooperation between the UK and EU member states in the event of a “no deal” Brexit. In short, in the event that the UK exits the EU’s institutional structures immediately/without a transition period, cooperation between the legal regimes of the […]


A strict interpretation

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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 […]