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Perspective - Blog

18 months on - the ICO reflects on Google Spain

Published on 11 Nov 2015. By Alex Wilson, Partner

The ICO has recently blogged on the cases it has received in the year and a half since the Google Spain decision last May.

Perspective - Publication

Apps: regulators globally push for data transparency

Published on 16 Feb 2015.

“Not in front of the telly: Warning over ‘listening’ TV”.

Perspective - Blog

Brand & Khan obtain continuing "anti-harassment" order against masseuse

Published on 29 Sep 2014.

The High Court has recently granted an extension to an anti-harassment injunction taken out by Russell Brand and Jemima Goldsmith, otherwise known as Jemima Khan (the Claimants), against a masseuse (the Defendant).

Perspective - Blog

A Chinese lesson for private investigators

Published on 30 Aug 2013. By Keith Mathieson, Partner

Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.

Perspective - Blog

Can schools take pupils' fingerprints?

Published on 09 Apr 2013. By Keith Mathieson, Partner

The Times reported last week that parents at an independent school in north London had protested when fingerprints were allegedly taken from pupils without consent with a view to the fingerprints being used for the automated lunch payment system.

Perspective - Blog

A former editor’s view on the naked Royal

Published on 22 Aug 2012. By Keith Mathieson, Partner

There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.

Perspective - Blog

Access to Documents in Criminal Proceedings – Guardian Challenge Secures Change

Published on 03 Apr 2012. By Keith Mathieson, Partner

The Court of Appeal has ruled that where documents have been placed before a judge and referred to in the course of open proceedings, the default position should be that access should be permitted on the open justice principle.

Perspective - Blog

Cabinet minister's 17-year-old son gets privacy injunction but not anonymity

Published on 15 Feb 2012. By Keith Mathieson, Partner

The son of Caroline Spelman, the Environment Secretary, has obtained an injunction against the publishers of the Daily Star Sunday.

Perspective - Blog

Automatic numberplate recognition: is it legal?

Published on 02 Aug 2011. By Keith Mathieson, Partner

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).

Perspective - Blog

A "tenuous claim to privacy": Hutcheson v News Group

Published on 23 Jul 2011. By Keith Mathieson, Partner

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.

Perspective - Blog

A former judge reflects on privacy injunctions

Published on 15 Jun 2011. By Keith Mathieson, Partner

Mr Justice Eady's interview last month by Joshua Rosenberg -

Perspective - Blog

A digest of recent news (1) - UK judgments

Published on 30 May 2011. By Keith Mathieson, Partner

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.

Perspective - Blog

Are privacy injunctions too restrictive?

Published on 13 May 2011. By Keith Mathieson, Partner

Has privacy law gone too far? It’s not just the editor of the Daily Mail who thinks so.

Perspective - Blog

Another ruling on privacy injunctions

Published on 22 Mar 2011.

Judgment was handed down today in a case where a privacy injunction was made in 2008.

Perspective - Blog

Can employers spy on their employees?

Published on 11 Mar 2011.

The US media have reported a number of instances in which companies have hired private detectives to spy on workers taking "sickies".

Perspective - Blog

Anonymity order lifted in marital privacy case

Published on 28 Feb 2011.

A High Court judge has lifted an anonymity order protecting the identity of a formerly married couple involved in a privacy dispute.

Perspective - Blog

Anonymity proposed for teachers accused by pupils

Published on 31 Jan 2011.

The controversial Education Bill was published on 26 January 2011.

Perspective - Blog

Blanket reporting restriction set aside by Court of Appeal

Published on 31 Jan 2011.

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.

Perspective - Blog

A mass outbreak of anonymity: CDE and FGH v MGN and LMN

Published on 20 Jan 2011. By Keith Mathieson, Partner

It is not unusual for claimants in privacy cases to be anonymised. It is less common for defendants and distinctly unusual for non-parties.

Perspective - Blog

7/7 footage withheld from public to protect privacy of victims and their families

Published on 14 Jan 2011.

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.

Perspective - Blog

Anonymity of egg and sperm donors

Published on 13 Jan 2011.

A survey by Manchester Fertility Services highlights issues of privacy concerning egg and sperm donation.

Perspective - Blog

Applications for privacy injunctions – when notice need not be given

Published on 10 Jan 2011. By Keith Mathieson, Partner

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.

Perspective - Blog

Anonymisation of parties in matrimonial proceedings

Published on 10 Jan 2011. By Keith Mathieson, Partner

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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Perspective - Snapshot

Express and implied good faith obligations and relational contracts

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

Did an express or implied general duty of good faith arise under a relational contract between parties who were also competitors?

Perspective - Snapshot

Interest clauses – displacing the courts’ wide discretionary powers to award interest on debt or damages

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

What is the courts’ approach to awarding statutory interest when a contract provides for contractual interest.

Perspective - Snapshot

Incorrect invoicing – claiming the difference between sums mistakenly invoiced and sums correctly due under agreement terms

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

When a supplier invoices a lower sum than the figure due under the agreement, can the customer defend a claim in debt based on incorrect invoicing?

Perspective - Snapshot

SPA breach of warranty claim – interpreting a no material adverse change warranty

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

How will the courts assess an alleged breach of a warranty that there had been no material adverse change in the financial prospects of a company?

Perspective - Snapshot

Exclusion clauses - loss of profits and wasted expenditure

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

What factors does the court take into account when construing an exclusion clause that covered loss of profits and wasted expenditure, and how does the court approach arguments on whether UCTA applies where the parties are dealing on standard terms of business that have been subject to some negotiation?

Perspective - Snapshot

Excluding statutory implied terms – inequality of bargaining power considerations

Published on 13 Dec 2023. By David Cran, Partner, Head of IP & Tech

In what circumstances is it reasonable to exclude the statutory implied term as to quality?

Perspective - Snapshot

Ofcom prepares for implementation of Online Safety Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?

Perspective - Snapshot

ICO to focus on vulnerable and disadvantaged in new three-year plan

Published on 10 Oct 2022.

How does the UK’s Information Commissioner’s Office (ICO) propose to protect the data of those most vulnerable in society?

Perspective - Snapshot

European Parliament adopts the Digital Markets Act and the Digital Services Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

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?

Perspective - Snapshot

European Commission publishes Q&As on the new Standard Contractual Clauses

Published on 10 Oct 2022.

What does the latest guidance from the European Commission tell us about the new Standard Contractual Clauses (SCCs) under the EU’s General Data Protection Regulation (GDPR)?

Perspective - Snapshot

UK announces new copyright exemption for text and data mining to promote AI development

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?

Perspective - Snapshot

The EU Accessibility Act

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?

Perspective - Snapshot

The UK’s new Data Protection and Digital Information Bill

Published on 10 Oct 2022.

Will the Data Protection and Digital Information Bill achieve its stated aim of encouraging innovation and easing the burden of compliance for businesses, while upholding high data protection standards?

Perspective - Snapshot

Snapshots Autumn 2022

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer.

Perspective - Snapshot

Improper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Can the court prevent disclosure of information of a confidential nature obtained from a private conversation overheard by the opposing party during a negotiation?

Perspective - Snapshot

Court of Appeal construes “affiliates” in settlement agreement release clause widely to include own as well as other party affiliates

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Will a court give a broadly drafted “full and final settlement” release clause its natural meaning to release all affiliates including a party’s own affiliates?

Perspective - Snapshot

The new Product Security and Telecommunications Infrastructure Bill

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What will the proposed Product Security and Telecommunications Infrastructure Bill (Bill) mean for manufacturers, importers and distributors of connectable consumer products?

Perspective - Snapshot

European Commission forces consumer and advertising changes on TikTok

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How does the European Commission enforce consumer and advertising rules against technology companies who are rapidly adapting their use of content and data?

Perspective - Snapshot

Restraint of trade covenants – post-termination non-compete clause invalid as no legitimate interest to protect

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

In what circumstances will a non-compete clause imposing restrictions on a party after the termination of an agreement be enforceable?

Perspective - Snapshot

Implied novation by conduct despite contract requiring variations and termination to be in writing

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Will an express unilateral termination clause or a clause requiring any variation to the contract to be in writing prevent an implied novation from occurring?

Perspective - Snapshot

Force majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract

Published on 10 Oct 2022. By David Cran, Partner, Head of IP & Tech

Did a temporary delay caused Covid-19 restrictions allow a party to rely on a force majeure clause to terminate a contract?

Perspective - Snapshot

New ASA guidance on enhanced disclosure of ads aimed at children

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What advertising disclosures does the ASA expect in advertising targeted at children?

Perspective - Snapshot

ASA raps podcast for not being easily identifiable as an ad

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

How careful do you need to be with advertising disclosures for podcasts which contain marketing communications?

Perspective - Snapshot

The ASA’s new Intermediary and Platform Principles Pilot

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the launch of the ASA’s new voluntary pilot scheme mean for the interaction between digital platforms and online advertisers?

Perspective - Snapshot

CMA investigates ASOS, Boohoo and Asda over “greenwashing"

Published on 10 Oct 2022. By Oliver Bray, Senior Partner

What does the CMA’s investigation into eco-friendly and sustainability claims within the fashion world mean for advertising industry more generally?