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HP/Autonomy v Lynch & Hussain - A FSMA First

Travers Smith LLP acted for the Claimants in these proceedings.

"Fraud on a grand scale; or relentless witch-hunt?": these were the first eight words of Mr Justice Hildyard's mammoth (almost 1,700 page) judgment in the high profile fraud claim brought by various Hewlett-Packard group companies (the "Claimants") against Dr Michael Lynch (the founder and former CEO of Autonomy Corporation Plc ("Autonomy")) and Mr Sushovan Hussain (the former CFO of Autonomy) following a 93 day trial which Hildyard J said "may rank amongst the longest and most complex in English legal history".

SMO v TikTok: representative action considered post Lloyd v Google

The Supreme Court's judgment in Lloyd v Google in November 2021 (see our briefing) significantly curbed "opt-out" representative actions brought under CPR 19.6, but it left a number of unanswered questions - a trail of crumbs for claimant law firms to pick over. One such question was whether a different conclusion would be reached under the Data Protection Act 2018 (and UK GDPR) as the claim for loss of control of data in Lloyd was made under the Data Protection Act 1998.

Percy v Merriman White and Mayall: scope of section 1(4) of the Civil Liability (Contribution) Act 1978

In this appeal, which Lewison LJ noted was important to those who practise in the professional negligence field, the Court of Appeal considered the effect and scope of section 1(4) of the Civil Liability (Contribution) Act 1978 (the "1978 Act"). The Court held that s.1(4) was concerned only with the liability of the party claiming contribution, and not with the liability of the party against whom contribution is sought, clarifying what has to be proved by a contribution claimant to succeed on a contribution claim.

UK confirms plans for tougher consumer protection regime

The UK Government has confirmed that it plans to introduce significantly stronger powers for the Competition and Markets Authority (CMA) to enforce consumer law, including the ability to impose fines of up to 10% of global turnover. This is a major change for consumer-facing businesses, although question marks remain over the exact timing.

ESG Newsletter - Spring 2022

ESG and sustainability issues continue to be a priority for policy makers and regulators globally. The impact of the Ukraine conflict on energy policy and the recent publication of the IPCC's (Intergovernmental Panel on Climate Change) "state of the union" report on the slender window we have to take action in order to meet our climate targets both highlight the scale of the global challenge we face on climate issues.

EU draft Data Act - proposed rules for accessing and sharing data

The European Commission published a draft Data Act on 23 February 2022 ("Data Act"), as part of the implementation of its February 2020 strategy for data. This proposed regulation, which will have direct effect in members states, is intended to set standards at an EU-wide level to facilitate and create a fairer, more competitive digital environment for the sharing and re-use of data (both personal and non-personal). This briefing looks at who the Data Act impacts, what it does and how it fits into the EU's vision for a single European market for data.

Government fights waste plastics with new tax for non-recycled packaging

In pursuit of its commitment to prevent all avoidable plastic waste by the end of 2042, the UK Government has recently begun to impose a tax on the manufacture and import of significant volumes of plastic packaging which does not contain a minimum amount of recycled content. The aim of the tax is to increase demand for recycled plastics, creating an incentive to collect and recycle plastic waste and divert it away from landfill and incineration.

SK Shipping Europe Ltd v Capital VLCC: Court of Appeal clarifies law of misrepresentation

In the recent case of SK Shipping Europe Ltd v Capital VLCC 3 Corp (C Challenger) [2022] EWCA Civ 231, the Court of Appeal clarified several points in the law of misrepresentation, including the circumstances in which a representation of fact will be implied from the offer of a contractual term, the effect of a reservation of rights on an alleged affirmation, and the operation of section 2(2) of the Misrepresentation Act 1967 concerning damages in lieu of rescission.

UK Government confirms significant Competition law reform: but when will the bark be followed by bite?

Following lengthy debate, the Government has published details of the way in which it will reform the UK competition law landscape. However, with many aspects requiring legislative change, it is as yet unclear when these will be given teeth. Our briefing discusses the key changes to the merger, markets and competition law regimes. We will comment separately on the overhaul of the consumer law regime.

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