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12 July 2018
Issue: 7801 / Categories: Case law , Law digest , In Court
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Weekly law digests

Contract

Minera Las Bambas SA and another v Glencore Queensland Ltd and others [2018] EWHC 1658 (Comm), [2018] All ER (D) 26 (Jul)

In a claim arising out of a tax indemnity in a share purchase agreement and a deed of warranty, the Commercial Court held, among other things, that, on the true construction of the agreements, the defendants (the sellers and guarantor) would only be liable to indemnify the claimant purchasers concerning tax assessments made by the Peruvian tax authority if and to the extent that the Peruvian tax court determined that the relevant tax claimed by the authority was payable, and such debt became coercively enforceable in accordance with the Tax Code.

Data protection

DB v General Medical Council [2018] EWCA Civ 1497, [2018] All ER (D) 21 (Jul)

There was no presumption under s 7(4) of the Data Protection Act 1988 in favour of a person who had not consented to or who had objected to disclosure pursuant to a subject access request in a mixed data case, as against a person requesting disclosure. The Court of Appeal, Civil Division held that

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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