Insights: Leigh Callaway

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Supreme Court finds Morrisons not vicariously liable for mass data breach committed by disgruntled employee

Eddie Powell, Mike Tremeer, Michelle Waknine, Leigh Callaway |

The Supreme Court has ruled that thousands of Morrisons’ employees will not be entitled to any compensation, following a recent decision that the UK’s fourth largest chain of supermarkets was not vicariously liable for a rogue employee leaking payroll information online.  Importantly, the Supreme Court’s judgment also gives clear guidance that the motive for any […]

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

Leigh Callaway |

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

Leigh Callaway |

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.

Knowing when to appeal

Leigh Callaway, Joshua Bennett |

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.

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

Leigh Callaway |

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 […]

Data Leaks and Employer Liability

Leigh Callaway |

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 […]

Fladgate launches Dispute Resolution Hub

Leigh Callaway, Steven Mash |

The Fladgate Dispute Resolution group is delighted to launch the Fladgate Dispute Resolution Hub, containing news, legal commentary and analysis, and information about the team and how we can help you resolve your commercial disputes. To visit the Hub, and register for further updates, please click the link below. Dispute Resolution Hub  

Exclusion clauses, reasonableness and freedom of contract

Leigh Callaway |

Following a fire at its premises, Goodlife Foods Limited (Goodlife) commenced proceedings against Hall Fire Protection Limited (Hall Fire) for breach of contract and/or negligence in the supply and installation of a fire suppression system. In its defence Hall Fire sought to rely on an exclusion of liability clause contained within its standard terms and […]

Is software a “good”?

Leigh Callaway |

In a recent decision, the Court of Appeal has determined that the Commercial Agents (Council Directive) Regulations 1993 (Regulations) do not apply when the agent in question is engaged in respect of the sale of intangible property – electronic goods cannot be regarded as such. Thus agents engaged in the sale of electronic items (such […]

Your claim has been declined

Leigh Callaway |

In July 2017, the Competition Appeal Tribunal (CAT) refused to approve the proposed £14 billion class action claim against MasterCard on behalf of 46.2 million consumers who purchased goods or services from UK businesses which accepted MasterCard between 1992 and 2008.  The claim followed on from the EU Commission finding in 2007 that MasterCard’s default […]

Commercial litigation: Asset-stripping and judgment avoidance

Leigh Callaway |

The ruling in Marex Financials provides a new useful tool against third parties dissipating a judgment debtor’s assets, says Leigh Callaway In a judgment that will be of interest to judgment creditors and debtors alike, in Marex Financial Ltd v Sevilleja Garcia [2017] EWHC 918 (Comm), Mr Justice Knowles considered whether a shadow director who […]

Fladgate announces senior associate promotions

Charles Wander, Yulia Leyko, Leigh Callaway |

As part of the firm’s Route to Partnership policy, Fladgate is delighted to announce the promotions to senior associate of Leigh Callaway (dispute resolution), Zehra Kofturcu (corporate), Yulia Leyko (corporate) and Peter Reynolds (dispute resolution). Charles Wander, chairman of Fladgate comments: “We congratulate those promoted to senior associate.  These appointments reflect the partnership’s confidence in future […]