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Perspective - Blog
A former judge reflects on privacy injunctions
Mr Justice Eady's interview last month by Joshua Rosenberg -
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Perspective - Blog
A digest of recent news (1) - UK judgments
For one reason and another, the blog has been unable to report on much of the recent news. This entry is an attempt to remedy the situation. Normal service should be resumed shortly.
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Perspective - Blog
Are privacy injunctions too restrictive?
Has privacy law gone too far? It’s not just the editor of the Daily Mail who thinks so.
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Perspective - Blog
Another ruling on privacy injunctions
Judgment was handed down today in a case where a privacy injunction was made in 2008.
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Perspective - Blog
Can employers spy on their employees?
The US media have reported a number of instances in which companies have hired private detectives to spy on workers taking "sickies".
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Perspective - Blog
Anonymity order lifted in marital privacy case
A High Court judge has lifted an anonymity order protecting the identity of a formerly married couple involved in a privacy dispute.
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Perspective - Blog
Anonymity proposed for teachers accused by pupils
The controversial Education Bill was published on 26 January 2011.
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Perspective - Blog
Blanket reporting restriction set aside by Court of Appeal
The Court of Appeal has discharged an order the effect of which would have been to postpone the reporting of an important criminal case for several months.
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Perspective - Blog
A mass outbreak of anonymity: CDE and FGH v MGN and LMN
It is not unusual for claimants in privacy cases to be anonymised. It is less common for defendants and distinctly unusual for non-parties.
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Perspective - Blog
7/7 footage withheld from public to protect privacy of victims and their families
The Coroner conducting the inquest into the terror attacks in London on 7 July 2005 has ordered that certain footage shown in court of the aftermath of the 7/7 attacks should not be released to the media.
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Perspective - Blog
Anonymity of egg and sperm donors
A survey by Manchester Fertility Services highlights issues of privacy concerning egg and sperm donation.
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Perspective - Blog
Applications for privacy injunctions – when notice need not be given
In DFT v TFD [2010] EWHC 2335 (QB) Sharp J made an order to restrain publication of allegedly private and confidential information without notice having been given to either the respondent or the media.
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Perspective - Blog
Anonymisation of parties in matrimonial proceedings
The Court of Appeal has lifted an order by a family court judge which directed that the parties to the proceedings should be anonymised.
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Profile
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Perspective - Publication
Arbitration or winding up?
In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal upheld a lower court's decision to reject an application to set aside a statutory demand. The appellant had argued (among other things) that an arbitration clause in his agreement with the respondent required their dispute to be referred to arbitration.
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Perspective - Snapshot
Ofcom prepares for implementation of Online Safety Bill
How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?
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Perspective - Snapshot
European Parliament adopts the Digital Markets Act and the Digital Services Act
What are the next steps in the legislative timelines for the Digital Markets Act (DMA) and the Digital Services Act (DSA) and what should companies be doing now to prepare?
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Perspective - Snapshot
UK announces new copyright exemption for text and data mining to promote AI development
What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?
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Perspective - Snapshot
The EU Accessibility Act
What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?
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Perspective - Snapshot
Snapshots Autumn 2022
A roundup of key legal developments for the modern commercial lawyer.
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Perspective - Snapshot
Snapshots Summer 2022
A roundup of key legal developments for the modern commercial lawyer.
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Perspective - Snapshot
Ofcom guidance on advertising on video-sharing platforms
What do operators of video-sharing platforms (VSPs) need to do to stay compliant with Ofcom’s guidance for advertising on their platforms?
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Perspective - Snapshot
Amended Digital Services Act adopted by European Parliament
How will the European Parliament’s proposed amendments to the Digital Services Act affect consumers?
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Perspective - Snapshot
CMA secures changes to Xbox auto-renewal practices
How far do Microsoft’s latest undertakings to the Competition and Markets Authority (CMA) signal a need for all businesses to improve transparency and controls on automatically renewing subscriptions?
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Perspective - Snapshot
Snapshots Winter 2021
A roundup of key legal developments for the modern commercial lawyer.
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Perspective - Snapshot
Snapshots Autumn 2020
A roundup of key legal developments for the modern commercial lawyer.
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Perspective - Snapshot
Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
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Perspective - Snapshot
What were the CMA’s key findings in its final report on online platforms and digital advertising?
What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?
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Perspective - Snapshot
The ASA’s new UK Scam Alert System
What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?
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Perspective - Snapshot
Wish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted
Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?
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Perspective - Snapshot
Playrix: gameplay footage must be representative of the gaming experience
When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?
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Perspective - Snapshot
P&G: verification requirements in comparative advertising campaigns
How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?
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Perspective - Snapshot
BOXT: ‘next day delivery’ and comparative pricing claims
How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?
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Perspective - Snapshot
Sky UK: clarity over upfront costs and different fees charged to different groups
Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?
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Perspective - Blog
New digital markets regime guidance published for consultation
The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024. This article considers who will be impacted by the new digital markets regime, the requirements it will introduce, and how it may be enforced, and summarises the CMA’s new draft guidance under consultation on how it intends to implement the regime in practice.
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Perspective - Blog
The Digital Markets, Competition and Consumers Act – the Competition Perspective
This article considers the key changes to general competition law under the Digital Markets, Competition and Consumers Act which received Royal Assent on 24 May 2024 and is expected to enter into force in the Autumn.
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Press and Media
Whistle-blowing on illegal cartels drops 70% in 5 years
Competition and Markets Authority (CMA) recently increased award to £250,000 Calls to the CMA hotline have plummeted from 1,442 in 2017 to 427 in 2022
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Perspective - Blog
Delay at your peril: High Court holds that two week delay causes party to lose right to object to irregularity in arbitration
In Radisson Hotels v Hayat Otel, (1). the High Court found that the claimant ("Radisson") had lost its right to challenge an arbitration award (the "Award") by continuing to take part in the proceedings for a period of two weeks after becoming aware of improper conduct by one of the arbitrators (the "Arbitrator"). The court also rejected Radisson's subsequent application seeking to redact the identities of the parties and any details which might identify them in the judgment, in order to preserve the confidentiality of the underlying arbitration (2). While the judge acknowledged Radisson's desire to keep the arbitration confidential, this ultimately did not outweigh the general public interest in open justice.
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Perspective - Blog
Best of both worlds with PD57AC? High Court allows opinion evidence in factual witness statement
The High Court has allowed the witness statement of a factual witness even though the claimant had previously intended to instruct him as an expert and his statement contained opinion evidence (Polypipe Limited v Peter Russell Davidson) ([2023] EWHC 1691 (Comm). The judge confirmed that such evidence is admissible where the witness is suitably qualified, but it will not be accorded the same weight as a formal expert report. Separately, this appears to be the first reported case in which the court accepted that permission for an extension to the deadline for expert reports could be made conditional on disclosure of any unserved report(s), though the court declined to prescribe that condition in this case.
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Perspective - Blog
Scots law decision confirms that privilege doesn’t change its spots
The Scots law judgment in University of Dundee v Chakraborty [2023] CSIH 22 has reiterated that whether or not a document is protected by legal professional privilege is determined at the point in time at which the document is created. A non-privileged document cannot later acquire privileged status. The judgment also made certain findings about waiver of privilege which may be more controversial, particularly in the context of regulatory investigations.
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Perspective - Publication
Court of Appeal orders solicitor be struck off for serious breaches of accounts rules
In an important judgment in Law Society of Hong Kong v A Solicitor, the Court of Appeal set aside an order that a solicitor be suspended from practice for 24 months and substituted it with an order that he be struck off from the roll of solicitors.
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Event
Book Launch – A Commentary on the LCIA ARB Rules Edition 2
We are delighted to welcome you to join us for the official book launch of "A Commentary on the LCIA Arbitration Rules" written by Philip Clifford KC and Shai Wade.
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Perspective - Blog
Singapore Court of Appeal Sends Acceleration of Interest Payment Clause To The Penalty Box
Commercial contracts commonly include clauses providing for liquidated damages, accelerated repayment or late payment interest in the event one party breaches the contract.
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Perspective - Blog
Case Note: Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 – Examining the law governing arbitrability at the pre-award stage
The Court of Appeal ("CA") in the case of Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 ("Anupam Mittal") had to determine a previously undecided point of law in Singapore: which system of law governs the arbitrability of a dispute at the pre-award stage, i.e., the law of the seat of the arbitration (lex fori) or the law governing the arbitration agreement.
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Perspective - Blog
Doctrine of separability in arbitration: should the arbitration agreement and the main contract "sink or swim" together or alone?
In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd, the Court of Appeal considered the arbitration law doctrine of separability.
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Perspective - Blog
Arbitration jurisdictional challenge no bar to English court ordering compliance with a tribunal peremptory order
The Court of Appeal has found that the English court may grant an order requiring a party to comply with a peremptory order of a tribunal before the determination of an outstanding challenge to jurisdiction of the tribunal.
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Perspective - Publication
Hong Kong – At a glance: major changes to cross-border enforcement of judgments in Hong Kong and mainland China
The highly anticipated Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the Ordinance) is set to take effect in mid-2023. Once the Ordinance is in place, applicants will be able to enforce a broader range of mainland judgments in Hong Kong by way of a registration procedure and vice versa in relation to Hong Kong judgments in mainland China.
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Perspective - Blog
Hong Kong – Parties agreed settlement terms without formal settlement agreement
In MSB International Ltd v Lok & Anor , the Court of First Instance of the High Court found that the parties had agreed a full and final settlement of all their claims in two related proceedings, by way of an exchange of without prejudice written communications between their legal representatives, although no formal draft settlement agreement referring to more comprehensive release terms and stated to be "subject to contract" had been agreed.
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Perspective - Blog
No need for late night panic: Court of Appeal decides that midnight e-filing is permissible
The Court of Appeal recently considered the short, but important, procedural question of whether a document may be filed electronically at any time up to midnight on the date by which the document is due.
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