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12 July 2018
Issue: 7801 / Categories: Case law , Law digest , In Court
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Weekly law digests

Contract

Minera Las Bambas SA and another v Glencore Queensland Ltd and others [2018] EWHC 1658 (Comm), [2018] All ER (D) 26 (Jul)

In a claim arising out of a tax indemnity in a share purchase agreement and a deed of warranty, the Commercial Court held, among other things, that, on the true construction of the agreements, the defendants (the sellers and guarantor) would only be liable to indemnify the claimant purchasers concerning tax assessments made by the Peruvian tax authority if and to the extent that the Peruvian tax court determined that the relevant tax claimed by the authority was payable, and such debt became coercively enforceable in accordance with the Tax Code.

Data protection

DB v General Medical Council [2018] EWCA Civ 1497, [2018] All ER (D) 21 (Jul)

There was no presumption under s 7(4) of the Data Protection Act 1988 in favour of a person who had not consented to or who had objected to disclosure pursuant to a subject access request in a mixed data case, as against a person

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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