Latest legal publications

28 November 2022

Insight

Mere upset isn’t enough: data breaches don't always lead to compensation

Since the introduction of the General Data Protection Regulation (“GDPR”) in May 2018, it has been unclear what constitutes enough harm to give rise to compensation for those that have suffered damage due to breach. The Austrian case UI v Österreichische Post AG has provided welcome clarification.

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4 min read

28 November 2022

Insight

Latest on Google’s plans to replace third party cookies

Further steps have been taken to monitor compliance with binding commitments given by Google to the Competition and Markets Authority in relation to its proposals to remove third party cookies and other functionalities in Chrome and replace these with ‘Privacy Sandbox’ proposals. The commitments address concerns around market dominance and potential anti-competitive behaviour in digital advertising.

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3 min read

28 November 2022

Insight

Disclosure of personal data used as evidence in legal proceedings

The extent to which, and how, GDPR Data Protection Principles apply when organisations are handling data in the context of litigation, has recently been considered by the Court of Justice of the European Union. The Advocate General’s opinion may be considered by UK courts seeking to interpret the scope and application of the UK GDPR.

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3 min read

28 November 2022

Insight

The Digital Services Act: why you should review your hosting services

The Digital Services Act will modernise the e-Commerce Directive regarding illegal content, transparent advertising, and disinformation. This is a good opportunity for your business to review your hosting services before key provisions come into force in February 2024.

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3 min read

25 November 2022

Insight

Oxford wins for Mills & Reeve's real estate team

Mills & Reeve's real estate investment team has been making the most of our new office space and immersing ourselves into the Oxfordshire market spending more time with clients and making new connections.

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3 min read

23 November 2022

Insight

The Building Safety Act 2022 - key issues for litigators (part 3)

In the third part of this three-part series of articles regarding key issues for litigators in relation to the Building Safety Act 2022, we consider extensions to the limitation periods in respect of some claims.

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3 min read

23 November 2022

Insight

Litigation round up - November 2022

We bring you our monthly round up of recent litigation cases.

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3 min read

23 November 2022

Insight

A practical guide to pre-action disclosure

Applying for pre-action disclosure might sound like a good way of finding out whether you have a realistic claim before incurring the cost of issuing court proceedings. But it can prove to be an expensive mistake if the application is made in the wrong situation and in the wrong way. We look at the approach taken by the courts in recent cases and offer some practical tips to those making or on the receiving end of an application.

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7 min read

23 November 2022

Insight

Covid-19 Business Interruption claims – a change in the tide?

In January 2021 the Supreme Court handed down its landmark judgment in the Financial Conduct Authority Test Case which was generally viewed to have favoured policyholders. On 17 October 2022, the High Court handed down three further judgments relating to the interruption Covid-19 has caused to businesses. The decisions are more insurer friendly than the outcome in the FCA Test Case. We summarise the key issues below.

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5 min read

23 November 2022

Insight

The Building Safety Act 2022 - key issues for litigators (part 2)

In the second part of this three-part series of articles regarding key issues for litigators in relation to the Building Safety Act 2022, we consider the new claims that the Act introduces, especially in relation to construction products and the Defective Premises Act.

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5 min read

22 November 2022

Insight

The Building Safety Act 2022 - key issues for litigators (part 1)

The Building Safety Act was enacted in April 2022, almost 5 years after the Grenfell tragedy, to deal with issues directly arising from Grenfell. It gives us an indication that the government is prepared to change some established legal principles (including the piercing of the corporate veil) to achieve this.

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7 min read

10 November 2022

Insight

The FCA’s investigation and enforcement process: five FAQs

FCA investigations invariably bring with them stress, disruption and additional work for all involved. They can also be confusing and difficult to navigate. This article considers five commonly asked questions about the FCA’s investigation and enforcement process and provides an overview of what to expect. It focuses on actions taken by the FCA, although similar issues may arise in actions taken by the PRA.

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4 min read

8 November 2022

Insight

Directors’ duties following the Supreme Court decision in Sequana

The Supreme Court finally handed down its hotly anticipated judgment in Sequana last month. The judgment concerns the fiduciary duty of company directors and the effect on that duty of a company’s insolvency.

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6 min read

18 October 2022

Insight

Environmental sustainability Q&A with Tritax Group

While attending Mills & Reeve’s most recent sustainability event “Net Zero…. What Next”, Laura Ludlow & Emily Revel were pleased to talk with Alan Somerville, ESG Director at Tritax Group, on the challenges of achieving net zero targets and the impact sustainability is having on property decisions.

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4 min read

17 October 2022

Insight

Cookie crumbs can cost millions!

The use of online cookies may seem quite trivial to organisations, and something which they may just leave to their website design team – that is of course, until the cookie ‘crumbles’ to give rise to the equivalent of multi-million-pound fines.

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4 min read

17 October 2022

Insight

The TikTok implications for your organisation

We consider £27 million worth of reasons as to why certain UK GDPR principles are important, not only for TikTok (which is in the spotlight), but also for your organisation.

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3 min read

17 October 2022

Insight

Is the ‘USA personal data transfers headache’ over?

The USA has recently announced an Executive Order in respect of transatlantic personal data transfers. We consider what this now means for overseas transfers to the USA.

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4 min read

17 October 2022

Insight

Code red for life sciences?

The UN’s Intergovernmental Panel on Climate Change recently warned that global warning has become a “code red for humanity”. With temperatures in the UK reaching unprecedent levels of 40 degrees in July, is the UK’s life sciences sector doing enough to prevent these figures becoming the norm?

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7 min read

10 October 2022

Insight

Science parks - journey to net zero

At the recent UKSPA conference, Laura Ludlow joined a panel comprising Dr Sally Basker (CEO, Exeter Science Park), Carl Potter (MD, Avison Young UK), Stephen Hill (Associate Director, Arup), Anu Sabherwal (Senior Associate, NBBJ Design) and chaired by Grant Bourhill (CEO, Surrey Research Park) to discuss the challenges facing science park owners and operators in getting to net zero.

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3 min read

7 October 2022

Insight

Bill re-imagines UK’s relationship with retained EU law

Last month the UK Government published a Bill which it hopes will accelerate the pace at which retained EU law is replaced by purely domestic legislation. Swathes of legislation affecting manufacturing, finance and the environment are now in the Government’s sights, as well some important employment and health and safety measures.

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4 min read

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