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Case review 18/10/2021
This High Court decision provides guidance to parties wishing to make an application for pre-action disclosure. Deputy Master Brightwell was clear that a request for documentation needs to be clear and focused.
Liability under California’s Invasion of Privacy Act (CIPA) expanded by California Supreme Court decision
Earlier this year, in Smith v. LoanMe, Inc., a case interpreting California Penal Code section 632.7, the California Supreme Court held that cellular or cordless phone conversations cannot be recorded by either nonparties or parties to the call without consent. LoanMe overturned a California Court of Appeal’s ruling that consent is required only if nonparties, and not the parties to the call, recorded the conversation.
One trend dominating conversation across the construction industry currently is the changes faced when procuring insurance cover.
On 28 March 2019, the government launched a consultation on the extension of fixed recoverable costs in cases worth up to £100,000. The consultation sought views on a number of recommendations made by Sir Rupert Jackson in his ‘Review of Civil Litigation Costs: Supplemental Report Fixed Recoverable Costs’ published in July 2017, with the government aiming to take forward most of his recommendations.
In this briefing, we consider the latest court decisions relating to aggregation of dishonesty claims, unregulated introducers, breach of confidentiality and misuse of private information, undertakings, director’s fiduciary duties, the rule against reflective loss and limitation.
Nearly four years have passed since the Grenfell tragedy and the impact continues to reverberate around the construction industry. Claims relating to defective cladding, insulation and cavity barriers have become depressingly commonplace. But one area where we are seeing an increasing focus is claims relating to mechanical and engineering services.
It will not come as a shock to most that climate change and climate action is at the forefront of the national agenda. The recently published Intergovernmental Panel on Climate Change report provided a stark warning as to the possible consequences of climate change, should action not be taken without delay.
Case review 27/08/2021
Between 2010 and 2014, two unregulated pension introducers, Avacade Limited (in liquidation) and Alexandra Associates (UK) Limited, and their directors, contacted retail customers and promoted self-invested personal pensions (SIPPs). These discussions resulted in those consumers transferring existing pension funds into SIPPs and then into high-risk and, arguably unsuitable investments, such as tree plantations in Costa Rica and bonds relating to property developments in the US and Brazil.
Sexual abuse and molestation lawsuits are tragically commonplace on court dockets throughout the country. While the perpetrators of abuse face significant criminal liability, it is often other individuals and entities that allegedly employed, supervised, regulated, or otherwise had a relationship with the perpetrator that find themselves entrenched in civil litigation commenced by survivors. Against this landscape, the applicable duty of care of an organization to prevent or protect against harm caused by a third-party perpetrator is a particularly significant inquiry.
Case review 16/08/2021
Following our case review of the first instance decision in this matter, the UK Court of Appeal handed down its decision last week, which will be a cause for concern for the solicitors’ primary market.