Cases Update June/July 2018
These are brief reports of a number of cases dealt with on the SCL site over the last two months. In many cases, more detailed reports are available online, where links to full judgments are also available….
Intellectual Property
The Risk of Not ‘Reaching for the Contract’
Monica Connolly and Eilidh Smith offer a case review of David MacBrayne Limited v Atos IT Services (UK) Limited and point out the lessons that might be taken from the case…
Revision of Audiovisual Media Services Directive – Video-sharing Platforms
Professor Lorna Woods brings us up to date on the developments concerning the AVMS Directive…
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Facebook Fan Pages and Widening Responsibility for Data Processing
The CJEU has ruled that the administrator of a ‘fan page’ is jointly responsible with Facebook for processing the personal data of persons visiting the page on Facebook…
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Smart contracts: can code ever be law?
Hoi Tak Leung, our Associate Editor for Hong Kong and China, takes a fresh look at smart contracts and when or whether they are enforceable….
GDPR and the Data Protection Act 2018: How do they impact publishers?
In the second in our series of articles on the impact of data protection in specific areas, Nicola Cain and Rupert Cowper-Coles look at publishing….
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Sir Henry Brooke – A Tribute
Richard Susskind, current SCL President, offers a tribute to past president, Sir Henry Brooke CMG PC…
The Art of the Agile Deal
Many lawyers are ignorant of, or obviously uncomfortable with, the concepts underpinning agile. Nathan Evans helps with understanding those concepts and shares some of his insights gained from negotiating agile deals…
Professional Negligence Claims arising out of GDPR
Inevitably it will transpire that mistakes will have been made by professionals giving (often very expensive) guidance on GDPR compliance. Their clients will want to consider whether a claim for professional negligence can be made. In this article Neil Hext QC, Stephen Innes and Helen Evans of 4 New Square discuss some of the issues which are likely to arise in such claims….
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Software Lock and Injunction Refusal
An intriguing High Court judgment on an application for an injunction requiring a software supplier to provide access to business software from which the customer was locked out following an alleged breach of contract…