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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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