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Security for Costs – Cash is King

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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 […]


Brexit - the Government's legal advice

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In Tuesday’s post (‘Brexit – A Legal Quagmire’), we noted that the Government had been held to be in contempt of Parliament in consequence of its refusal to publish the Brexit legal advice furnished by the Attorney General.  As a result, the Department for Exiting the European Union published that advice at midday on Wednesday […]


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 […]


Brexit - a legal quagmire?

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Brexit is, of course, primarily a political process. But that process takes place within a legal framework and, in that particular arena, it must be said that the Government’s record has been less than impressive. First of all, in the Miller case heard at the end of December 2016, the Supreme Court decided that an […]


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 […]


Tenants’ top tips on reducing their property related outgoings

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While attention-grabbing headlines announcing the “decline” of the high street may be an example of overly gloomy reporting, the reality is that these are tough trading times. It seems as though every week there is a new report of another retailer or restaurateur calling in insolvency specialists. There are of course ways in which expense […]


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

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In February 2018, the National Crime Agency (NCA) successfully obtained two Unexplained Wealth Orders (UWO) on properties in the UK – one in the exclusive Knightsbridge area of London and the second, a golf course in Berkshire, collectively worth £22 million. The first target of the UWOs challenged the UWOs on a variety of grounds […]


Concurrent delay revisited

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In its recent decision in the North Midland[1]case, the Court of Appeal upheld a contractual provision that would mean that the contractor was not entitled to an extension of time to the completion date for any period of concurrent delay for which the contractor was responsible.  It would be unsurprising if contract draughtsmen took this […]


The end of “smash and grab”? Not so fast…

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“We are all trying to hack out a pathway through a dense thicket of amended legislation, burgeoning case law and ever-changing standard form contracts.” Sir Rupert Jackson, S&T (UK) Ltd v Grove Developments Ltd [2018] EWCA Civ 2448 In a highly anticipated and significant judgment, the Court of Appeal has upheld the decision of Coulson […]


Industry 4.0 – from procurement challenge to opportunity

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For decades, modern methods of construction, including off-site, have been seen as the future of the industry. Yet, perhaps because of the stigma of low quality construction from the 1940s and 1950s when the focus was on quantity rather than quality, that vision was never really embraced. Now there are signs that industry is making […]


Tenants’ top tips on telecommunications

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Gone are the days of communicating via smoke signals and carrier pigeons.  Billions of emails are sent every day. Telecommunications is therefore of vital importance to most, if not all, 21st century businesses. Many tenants’ focus is therefore on their ability to extend the telecommunications services at their premises. Broadly speaking, tenants are in a […]


Found you! – Peering behind the corporate veil

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For over a century, it has been well settled in English law that a company has its own legal personality entirely separate from that of its shareholders and directors who are, by virtue of the “corporate veil”, protected from being personally liable for the company’s debts and other obligations. Attempts to look behind the corporate […]