Legal News

Taylor v Pathe Productions Ltd and others [2024] EWHC 1475 ( KB) What are the practical implications of this case? This ruling will interest anyone contemplating a claim about a drama drawn from real events. It stresses that the programme must be assessed as a whole and in context, and not dissected scene by scene, bearing in mind the ordinary viewer, who will watch it only once rather than pore over a transcript. Crucially, it clarifies that although some viewers may take particular meanings from the Film, this does not establish that the Film bears those meanings for defamation purposes. The court considers the reaction of the hypothetical reasonable viewer: not naïve, yet not unduly suspicious; able to read between the lines, but not avid for scandal; and not preferring a defamatory meaning where other non-defamatory readings are available, or quickly assuming the worst when...

The news lands about a fortnight after Apple showcased hundreds of fresh AI capabilities — among them Apple Intelligence, i Phone Mirroring and Share Play Screen Sharing — slated to appear on select Apple products outside the EU over the coming months. In a 21 June 2024 statement, Apple said it is 'highly motivated' to bring these AI technologies to every user everywhere, yet it does not expect to deploy them in the EU because of the Digital Markets Act, finalised in 2022 and carrying substantial penalties and heavy fines, as set out in the law. The DMA subjects services classed as key gateways through which businesses reach end users to safeguards designed to stop them gaining an undue edge, including interoperability obligations and a prohibition on giving their own products and services preferential treatment over rivals. Firms that breach the regime face fines of up to...

Cox and another v HMRC [2024] UKFTT 510 ( TC) A married couple, the taxpayers served as directors and minority shareholders in a company that operated as financial advisers. Each owned roughly 6% of the share capital. In 2018, several shareholders, including the couple, chose to sell their shares to other continuing shareholders. During a meeting between the directors and a representative of the solicitors dealing with the sale, EWM, the representative went round the table to confirm that every director and their spouses would be entitled to entrepreneurs’ relief on the disposal. Afterwards, the directors determined that the sale consideration should be divided so as to better reflect each person’s contribution to the business. Consequently, the taxpayers each gifted part of their shareholding to other shareholders. Those gifts qualified for holdover relief but left each taxpayer with a 4% stake in the...

According to filings by Chapter 7 trustee Richard Coan, Dunne fraudulently moved Irish properties worth millions and then sought bankruptcy protection in Connecticut, aiming to keep those assets beyond creditors’ reach. Coan moved to unwind the deals; the dispute centred on whether, under Irish law, one property was settled into a trust in 2005 or instead disposed of via a fraudulent conveyance in 2013. ' This is a case about international bankruptcy fraud,' Coan told the US Supreme Court in a 17 May 2024 brief. A Connecticut jury sided with the trustee, concluding that the trust was what the trustee termed a 'post-dated sham' and that the asset, known as Walford, properly belonged to the bankruptcy estate. The jury also found that Dunne passed millions in assets to Killilea in exchange for consideration such as 'cooking the odd meal' or 'ironing the odd...

Antitrust Microsoft receives SO over abusive tying of Teams The Commission has issued a statement of objections to Microsoft, outlining its preliminary view that the company abused its dominance by bundling Teams, a communications and collaboration service, with productivity applications included within its Office 365 and Microsoft 365 business suites for businesses ( AT.40721 and AT.40873)......

The High Court has allowed the Good Law Project to seek a judicial review of the government’s choice to exclude onshore wind from the roster of nationally significant infrastructure projects. Judge Tim Mould ruled the campaign group’s claim cleared the arguable case threshold, showing a real prospect of success. Peter Lockley of 11KBW, acting for the Good Law Project, submitted that January’s omission of onshore wind from the government’s revised energy policy was a policy decision. As a result, the energy security secretary was under a legal duty to give reasons for that decision but failed to do so, Lockley said. ‘ No reasons are given for why that is the case other than “that is how we get on with it”,’ he added......

SYL 1st Plaintiff LBL 2nd Plaintiff and GIF Defendant [2024] HKCFI 1324 What are the practical implications of this case? This decision underscores the importance of scrutinising how each arbitration clause operates in practice when deciding if one arbitration can proceed under several contracts. It calls for a careful, commercially grounded review of the clauses’ compatibility. That inquiry must be astute and anchored in a commercial context, with a focus on whether the clauses align. One must remember that an arbitration clause is a standalone contractual agreement; any core differences among arbitration provisions across a network of contracts, and their effects, should be assessed from the outset, namely during contract drafting and negotiation. Compatibility is not dictated by the clause’s form. Provisions that appear similar and use almost identical wording may, when combined, produce for a party an outcome that departs from what was...

Harrison v Cameron and another company [2024] EWHC 1377 ( KB) What are the practical implications of this case? This judgment provides helpful clarification for data controllers on handling DSARs. It also confirms that company directors, when acting in that role and processing data for their company, are not controllers; the controller is the company alone. Article 15(1)(c) of the UK GDPR The decision carries important implications for the reading of Article 15(1)(c). It confirms controllers must disclose the identities of personal data recipients, not merely categories, unless an exception applies (ie identification is impossible, or the request is manifestly unfounded or excessive). Organisations may wish to revise internal procedures so the default is to provide identities rather than categories. More broadly, documentation and records should be reviewed and kept up to date to record recipient identities, so this information can be easily provided if...

The CLLS has issued an updated 2024 version of its Letter of Intent ( CLLS LOI), accompanied by associated guidance notes. In this analysis, we set out and assess the amendments that have been made. The prior iteration, dating from 2007, required several tweaks to bring it into line with developments in law—most notably the Construction ( Design and Management) Regulations, which in 2015 superseded the 1994 regime cited in the 2007 CLLS LOI—as well as a change to the relevant clause reference concerning the insurance provisions within the JCT contracts released in 2011, 2016 and 2024. In addition to these updates driven by changes in law, the CLLS LOI has been refreshed in a range of other respects, which are explained in more detail below. Those textual and regulatory updates sit alongside broader drafting...

SA 1st Plaintiff Y 2nd Plaintiff J 3rd Plaintiff and BH 1st Defendant GC [2024] HKCFI 1357 What are the practical implications of this case? The CFI may, under Order 23 of the RHC (security for costs), require security for a defendant’s costs where a plaintiff brings proceedings to set aside an arbitral award, despite the arbitration framework in Order 73 of the RHC. Practitioners should widen their focus beyond the powers under Order 73 relating to challenges to arbitral awards, and consider the Rules of the High Court as a whole, except where a rule expressly excludes such jurisdiction or makes it subject to other provisions of the RHC. Put differently, the court’s powers are not restricted to Order 73 unless an express limitation applies. Order 23 of the RHC enables the court, in defined circumstances, to order security for costs against a...

Proving genuine use of a brand The need to evidence genuine use means even household names must assemble robust proof if they intend to enforce their intellectual property, legal experts say. BDB Pitmans partner Dennis Lee observed that the key lesson from the ruling is a reminder to global giants that an overly bullish brand protection strategy does not always pay off. In June 2024, the EU’s General Court overturned exclusive protection for the Big Mac trade mark covering “chicken sandwiches”, along with certain other goods and services. The court held that Mc Donald’s materials showed use of the Big Mac branding for items such as beef burgers, yet failed to establish use in relation to poultry products. This development is simply the latest step in a long-running tussle between Mc Donald’s and Irish fast food chain Supermac’s, which began when Mc Donald’s...

The market reported that the 'cutover' to digital services, constituting the initial stage of Lloyd's so‑called Blueprint Two, had to be postponed once more. This is the second instance in which Lloyd's has delayed Blueprint Two, which adds an additional layer of digitalisation to services at the 330‑year‑old specialist insurance marketplace. Phase one had been scheduled to launch on 1 July 2024; however, in January 2024 Lloyd's revealed a three‑month delay to that go‑live date. Lloyd's has not issued a refreshed timetable for the service, and no replacement date has been set. ' We have met obstacles that have influenced our timeframes, particularly......

Client Earth, a not-for-profit based in London, said the FCA replied to its Freedom of Information request, revealing it began a probe in July 2023. The regulator gave no detail about the sort of firm involved or the character of the alleged misconduct. No details were given on the type of firm or precise behaviour under suspicion. In its response dated 7 June 2024 to Client Earth’s query, viewed by Law360, the FCA said one enforcement investigation had been opened concerning climate-related matters, including greenwashing. The letter indicated that seven full-time members of staff are working on the case. The FCA added it could not identify the company at this stage because disclosure 'would be likely to prejudice the exercise' of its......

LCP said around 2.5 million pensioners would still face income tax under the ‘triple lock plus’, including 2.1 million old-age pensioners This Conservative plan would lift the tax-free allowance on pension income in line with inflation, in addition to the pledge that the state pension will keep pace with living costs. Under the triple lock, the state pension increases each April by the highest of inflation, average earnings, or 2.5%. Prime Minister Rishi Sunak announced the triple lock plus in May 2024 at the start of the election campaign, promising state pension payments would always remain below the income tax threshold. If the Conservatives win the general election on 4 July 2024, the measure would begin in April 2025. As noted, these pensioners would, for the most part, still be taxpayers even......

Mergers The CMA indicated it is consulting on proposed undertakings offered in lieu of a phase 2 referral concerning the anticipated purchase by Theramex HQ UK Limited of the European rights to Viatris’ Femoston and Duphaston products—see further, case page The CMA issued the full text of its decision to accept undertakings instead of referring for a phase 2 investigation the completed acquisition by Pennon Group Plc of Sumisho Osaka Gas Water UK Limited (including its subsidiary Sutton and East Surrey Water Plc) under the Water Industry Act 1991—see further, decision NOTE— For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker Upcoming dates For dates of forthcoming UK competition developments, see further, UK Competition calendar......

The London-based firm stated the rise forms part of HMRC’s intensified clampdown on tax evasion, with the authority reserving criminal prosecutions for only the gravest offences, typically those featuring deceit or involving high-profile figures. Pinsent Masons observed that the growing number of cases fits with broader moves by both the Conservative and Labour parties to step up action against tax evasion following the general election on 4 July 2024. Steven Porter, partner and head of tax disputes and investigations at Pinsent Masons, said criminal charges are HMRC’s most powerful tool—and that the department is now employing them far more often......

The Online Safety Act The Online Safety Act embodies a shared political resolve to protect children online. It secured unusually broad backing across parties and both Houses, as the priority of reining in the tech sector’s excesses outweighed any desire for point-scoring. The legislation that followed hands Ofcom substantial authority, with an explicit, early statement that its aim is to ensure children are safe by design. In that light, we must raise our concern that the draft Children’s Code falls short of that intent. In particular, the draft falls markedly short in three key areas: No enforcement against underage use, allowing millions under 13 to remain exposed to services and material those platforms themselves judge unsuitable. No measures to address known risks; livestreaming, prominently flagged in Ofcom’s own research, lacks any mitigation strategy......

Alongside the articles covered in depth within the Financial Services news feed dated 24 June 2024, subscribers may wish to note notably the following further updates and items of interest: GLEIF: Tackling Corporate Fraud: How the v LEI Creates Tamper-proof and Trusted Documents FCA appoints members for the UK Secondary Markets Advisory Committee FCA: Decision Notice: Aplliancentre Ltd......

Giuseppe Abbamonte, who heads media policy at the Commission, noted that the EU’s executive has been locked in ‘endless’ talks with rights holders over whether European copyright rules function effectively in reality when applied to generative AI tools such as Open AI’s Chat GPT and Google’s Gemini. Opt-out protocol Under Directive ( EU) 2019/790—the EU Digital Single Market Copyright Directive, known as the EU DSM Copyright Directive—there is a text and data mining exception that permits content owners to ‘opt out’ of scraping of online material by a reservation of rights. However, implementing it in practice is proving difficult today. ‘ The primary hurdle is the absence of a recognised, machine‑readable opt‑out protocol—there is no standardised method to state a reservation of rights,’ Abbamonte observed at the AI and Copyright: policy, challenges and perspectives, Digital Constitutionalism & Policy on 20 June...

Eternity Sky Investments Ltd v Zhang ( Competition & Markets Authority intervening) [2024] EWCA Civ 630 Background Mrs Zhang executed a personal guarantee backing a convertible bond offering by a company listed in Hong Kong, in which, at the material time, she and her husband were referred to as ‘the majority shareholder couple’. She commenced arbitration in Hong Kong seeking to set aside the guarantee but was ultimately unsuccessful, and was ordered to pay Eternity Sky HK$500m (about £64m) together with interest. She then attempted to oppose enforcement of the award under section 103(3) of the Arbitration Act 1996, arguing that enforcement would offend public policy, on the footing that the essential provision of the guarantee infringed her rights under the Consumer Rights Act 2015 ( CRA 2015). Decision The first-instance judge concluded that Mrs Zhang qualified as a ‘consumer’, albeit not a...