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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.

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