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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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