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Automatic numberplate recognition: is it legal?
A report in the Guardian last week reminds readers of the strong likelihood that local police forces have tracked their movements with the use of automatic numberplate recognition (ANPR).
Read moreA "tenuous claim to privacy": Hutcheson v News Group
Can you expect to keep a second family private? That was the ambitious hope of celebrity chef Gordon Ramsay's father-in-law, Chris Hutcheson.
Read moreA former judge reflects on privacy injunctions
Mr Justice Eady's interview last month by Joshua Rosenberg -
Read moreA 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.
Read moreAre privacy injunctions too restrictive?
Has privacy law gone too far? It’s not just the editor of the Daily Mail who thinks so.
Read moreAnother ruling on privacy injunctions
Judgment was handed down today in a case where a privacy injunction was made in 2008.
Read moreCan 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".
Read moreAnonymity 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.
Read moreAnonymity proposed for teachers accused by pupils
The controversial Education Bill was published on 26 January 2011.
Read moreBlanket 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.
Read moreA 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.
Read more7/7 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.
Read moreAnonymity of egg and sperm donors
A survey by Manchester Fertility Services highlights issues of privacy concerning egg and sperm donation.
Read moreApplications 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.
Read moreAnonymisation 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.
Read moreCompulsory mediation in small claims: a quick guide for the busy lawyer
A new pilot scheme requiring parties in money claims valued at up to £10,000 to take part in a compulsory free one-hour mediation appointment, provided by HMCTS' Small Claims Mediation Service – before the claim can then proceed to Court if no settlement is reached.
Read moreAre you being smart with your connectable products?
The growth of "smart" products that can connect to the internet has grown significantly over the past 10 years and the UK government estimate that there could be 50 million connectable products worldwide by 2030, and on average there are currently 9 in each UK household.
Read moreAsbestos update: "implausible" deniability
The recent case of Evans v Secretary of State for Health and Social Care, follows the trend of low exposure asbestos cases being defendable, when many feared that the 2018 case Bussey v Anglia Heating Ltd made that near on impossible.
Read moreRise with RPC: Tips for developing your insurance network
In the aftermath of the "Rise with RPC" event, we're immensely grateful to everyone who joined us, contributing to the dynamic exchange of ideas on "Building your insurance network." Here’s a distilled version of the top tips shared, each designed to be an actionable takeaway to apply in your professional journey.
Read moreUnpacking the Building Safety Act's industry overhaul
On June 28, 2022, the Building Safety Act 2022 received royal assent, bringing about the biggest change to building safety in 40 years.
Read moreFinding joy in your job: insights from FIG's latest panel
On 21 February, RPC's inclusive insurance network, FIG, reconvened for a notable panel discussion, shedding light on the theme of "Finding joy in your job."
Read moreIn the familiar, lies the unseen
We like to look at boilerplate language with fresh eyes and so taking the recent case of Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 as a jumping off point, we consider the potential tensions, hidden to some extent in plain sight, between anti-assignment and subrogation rights and the take aways for those drafting insurance policy wordings.
Read moreConstruction disciplinary trends analysis #2: engagement letters – worth more than the paper they're written on!
This article is the second in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.
Read moreConstruction disciplinary trends analysis #1: continuing professional development
This article is the first in our mini-series analysing trends in disciplinary decisions involving construction professionals, with insight from our specialist disciplinary team.
Read moreAre settlements covered under liability policies if not consented to by the insurer? Does it make any difference if the insured was told to "act as a prudent uninsured"?
Does it make any difference if the insured was told to "act as a prudent uninsured"?
Read moreFix up, look sharp: FRC update
What's the latest on fixed recoverable costs in professional negligence claims?
Read moreThe El Niño year and impact on subsidence claims
Insurers should be bracing for a wave of subsidence claims arising from the increasingly warm weather. The UN’s World Meteorological Organization (WMO) has declared that an El Niño climate event is in progress, which helps explain why June 2023 was the hottest on record in the UK.
Read moreWhat’s next for PFAS litigation?
RPC’s Lucy Dyson explores how growing public awareness of PFAS and the associated health and environmental concerns has seen a rise in litigation in the US that parallels asbestos as a toxic tort, with claims over chemical contamination in Europe also on the rise.
Read moreCovered: Insurance regulation – Asia edition
Covered: Insurance regulation – Asia edition
Read moreCrypto: issues for solicitors and their PI insurers
We explore the types of work lawyers are doing in this area, the risks this work may give rise to and issues for solicitors and their PI insurers to consider.
Read moreHow a Supreme Court ruling could cause surge in claims against directors
Ben Gold, explains how a recent Supreme Court case (BTI v Sequana) confirms company directors owe a duty to creditors if the company nears balance sheet or cash flow insolvency.
Read moreBeware unexploded bombs, proximate causes and …. the unintended consequences of adding clarity
It is not that often that the standard UK market War Exclusion, language which for decades has sat materially unchanged, is the basis of a declinature by insurers. The recent case of Allianz Insurance plc v University of Exeter is therefore particularly interesting as the Court was asked to interpret this language and decide whether BI losses arising from the controlled detonation of a WWII bomb, discovered on nearby property were excluded from cover
Read moreA matter of interpretation – the Supreme Court look at contractual interpretation once more
In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.
Read moreYour statement or mine? Witness statements under Practice Direction 57AC
The judgment of Mr Justice Fancourt in Mackenzie v Rosenblatt Solicitors & Anor [2023] EWHC 331 (Ch) has highlighted, in no less than 36 paragraphs on the matter, the importance of ensuring compliance and understanding of Practice Direction 57AC - Trial Witness Statements in the Business and Property Courts ("PD 57AC"), when preparing witness statements.
Read moreLess is not always more in the context of commercial insurance clauses
The recent Court of Appeal judgment in Al Mana Lifestyle Trading LLC v United Fidelity Insurance Co PSC [2023] EWCA Civ 6 is a quick read on a relatively short point and serves as a useful recitation of the rules of interpretation in the context of insurance policy wordings.
Read moreThe collapse of FTX: lessons for many
From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.
Read moreSLAPPs – a round up of the latest developments for the SRA
The last week or so has seen a burst of activity on SLAPPs, alongside criticism of the SRA. This will be of interest to lawyers and their insurers.
Read moreThe scope of a solicitor's duty to third parties in the spotlight again
The Claimant (Mr Syed Ul Haq), via his Estate, brought claims against the Defendants for damages arising out of two frauds in connection with the same property. It is central to this appeal to understand that Rees Page Solicitors never acted for the Claimant. It is indeed for that reason Rees Page Solicitors applied for summary judgment on the grounds that the Claimant had no reasonable prospects of success. After hearing the application, on 13 December 2019, Deputy Master Lloyd, granted summary judgment on the basis that as Mr Ul Haq was not a client of Rees Page Solicitors, they did not owe him a duty of care.
Read moreWaiver of a solicitor’s equitable lien: Candey Ltd v Russell Crumpler and another
The Supreme Court has considered the circumstances in which a solicitor may waive or surrender their lien.
Read moreInsurers face claims threat from pension fund LDI crisis
The events of the past few weeks are likely to result in claims and/or pressure on commercial relationships, particularly when pension schemes conduct their triennial valuations and agree new deficit reduction plans with employers.
Read moreLien won't circumvent disclosure obligations
In Mr David Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) the Court confirmed that solicitors cannot assert a lien so as to modify disclosure obligations under the Civil Procedure Rules in a claim for professional negligence.
Read moreCyber Insurance: Next stop, LATAM
This year BEC and ransomware top the list of cyber incidents around the world, taking an estimated 70% of the total incident response cases.
Read moreThe SRA's proposals for the use of its new fining powers
The SRA has recently acquired increased fining powers (with effect from July 2022). They are currently consulting on their new approach to imposing financial penalties on regulated firms and individuals.
Read more(Establishing a) Line of duty – Miller v Irwin Mitchell
The recent decision in the High Court case of Miller v Irwin Mitchell (2022) EWHC 2252 (Ch) has provided a helpful guide to the often complex question of when a duty of care either in contract or tort arises – a question that often arises in professional negligence claims against solicitors.
Read moreMOJ plans to impose compulsory mediation for all County Court claims
The Ministry of Justice has announced plans to impose compulsory mediation (currently a 1-hour telephone call) in small claims and, eventually, in all County Court claims. The MOJ is also considering how the civil mediation market should be regulated. We explain and critique the current proposals and encourage lawyers, their insurers and brokers to provide feedback to the MOJ.
Read moreRisks remain after Law Society guidance on solicitors' undertakings
As solicitors, we are taught from an early stage in our careers that the word "undertaking" should set alarm bells ringing. When an undertaking is mentioned, we are often encouraged to refer it to a supervisor and / or the Risk team. It is true that giving or receiving an undertaking can be fraught with risk – but this is also true of many other aspects of a solicitor's retainer. Why, then, do solicitors need to treat this area with particular caution?
Read moreCourt of Appeal confirms that conditional fee arrangements do not give rise to implied duty of good faith
The Court of Appeal has upheld a High Court decision that conditional fee agreements (CFAs) do not imply a duty of good faith on the part of the client. A firm of solicitors acting under a CFA who had been instructed by their client to settle proceedings on a "drop hands" basis, with no order for costs, was not entitled to recover costs from their client on the basis that the client had breached a duty of good faith. The ruling cautions solicitors who enter into CFAs about the risks of clients agreeing a settlement that deprives them of their entitlement to conditional fees.
Read moreMunicipio de Mariana-v-BHP – the evolution of environmental group litigation in the English courts
Earlier this month, the Court of Appeal handed down its much-awaited decision in Municipio de Mariana -v- BHP . This was an appeal by over 200,000 Brazilian claimants seeking to overturn the High Court's dismissal of £5bn group claims against BHP (England and Australia), in relation to damage arising from the 2015 Fundao dam collapse and worst environmental disaster in Brazil's history. The cases are now able to proceed in the English courts against BHP England and BHP Australia (causes of action under Brazilian law, including strict liability as an indirect polluter and fault based civil liability).
Read moreIs the FCA to blame for BSPS? MPs seem to think so
The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.
Read moreThe Fire Safety Act – An update
Since the Fire Safety Bill received Royal Assent on 29 April 2021, it has been in limbo, waiting for its provisions to be brought into force. This has now happened, at least in part, with the publication of the Fire Safety (England) Regulations 2022 (the Regulations) made under article 24 of the Fire Safety Order (the FSO).
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