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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

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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
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