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19 November 2021 / David Greene
Issue: 7957 / Categories: Opinion , Collective action , Privacy
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A bumpy ride ahead for Google?

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Google and its detractors suffer the slings and arrows of outrageous fortune, as David Greene reports

Last week was an action-packed week for Google Inc on the swings and roundabouts of the judicial process; winning in the Supreme Court against a consumer campaigner seeking to bring a class action for an estimated four million iPhone users, but losing to the European Commission in the General Court of the European Court of Justice. Both decisions are of heightened significance for the legal community; closing the door on one aspect of domestic class actions but opening another door to many years of litigation for Google and its regulatory detractors.

Lloyd v Google ([2021] UKSC 50)

Richard Lloyd, a consumer campaigner, brought a claim against Google after Google agreed to pay hefty fines to the US Federal Trade Commission in relation to the misuse of customers’ data through its DoubleClick Ad software. Claims followed in the courts with a US class action and a claim here by three individuals (Vidal-Hall v Google).

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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