Get up to date with the Autumn 2020 edition of The Brief Case, our litigation newsletter

I SPY WITH MY AUTOMATIC EYE: THE LEGALITY OF AUTOMATIC FACIAL RECOGNITION

The use of live automated facial recognition technology (AFR) by South Wales Police Force (SWP) was an unlawful interference with the right to privacy under Article 8 of the ECHR.

Read the full article

DEPARTING FROM RETAINED EU CASE LAW AT THE END OF 2020.

On 2 July 2020, the Ministry of Justice issued a consultation on proposals to extend the power in section 6 of the European Union (Withdrawal) Act 2018 (EUWA 2018) for courts and tribunals to depart from retained EU case law after the end of the transition period.

Read the full article

THE DISCLOSURE PILOT – THE COURTS' APPROACH (ALMOST) TWO YEARS IN.

The introduction of the Disclosure Pilot scheme in the Business and Property Courts in January 2019 was intended to address the spiralling scale and costs of disclosure and introduce a system driven instead by reasonableness and proportionality. The Pilot incorporates many of the duties and elements of best practice under the existing Rules, but also introduces a number of new concepts.

Read the full article

USING NON-LAWYER TAX SPECIALISTS - THE PRIVILEGE PITFALL

Cases on privilege and how it can be maintained (and easily lost) – have been coming through regularly recently – including most importantly earlier this year in the context of judicial review proceedings involving Jet2 and the Civil Aviation Authority (CAA).

Read the full article

Business Interruption Insurance Test Cases - An Update

The COVID-19 pandemic has led to widespread disruption and business closures, causing loss of revenue, disruption to supply chains, and dented consumer and investor confidence. As a result, many businesses have turned to their 'Business Interruption' (BI) cover to seek reimbursement of their losses. Many insurers have responded to claims indicating that there is no, or very limited, coverage available.

Read the full article

What is the SAAMCO principle? And how do you apply it to an audit case?

If an adviser is instructed by a client to advise whether to enter into a transaction, and is negligent in doing so, the client is entitled to recover all losses flowing from entering into the transaction.

However, if an adviser is providing information or a piece of advice which is only one of many factors taken into account by the client, before it makes its own decision to enter into a transaction.

Read the full article

New Product Safety Guidance: Confidentiality Clauses in Product Liability Settlement Agreements

The Office for Product Safety Standards (OPSS), the UK's product safety regulator for all consumer products (except for vehicles, medicines and food), has published new guidance for businesses on the use of the confidentiality clauses in consumer settlement agreements.

Read the full article