Warranty claim fails following improper notification

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ECJ clarifies ambiguity around EU Design Protection Exemption

By David Cullen The European Court of Justice (ECJ) has clarified the ambiguity which has surrounded the interpretation of Article 8 of the Community Design Regulation (EC) no 6/2002 (CDR); the provision which excludes from design protection those design features which are dictated solely by technical function. The ECJ’s decision in Doceram v CeramTec (C-395/16), a […]

GDPR- A door to privacy class actions suits in Ireland

By Kellie O’Flynn With the EU General Data Protection Regulation (GDPR) now in effect, one of the emerging considerations is whether its provisions – specifically Article 80 – open the door to ‘class action’ style privacy cases. Several European countries have already legislated for varying degrees of collective actions, particularly in the area of consumer protection, […]

New Data Protection Act 2018 allows access to court records to media

By Owen O’Sullivan, Richard Breen, Lisa Carty One of the many implications of the new Data Protection Act 2018 is that pursuant to section 159 of the Act the rules of the courts (at all levels) have been changed to allow access to court records for bona fide members of the press or broadcast media. Although the media […]

Ireland: new Coroners Bill aims to modernise the law and address maternal deaths

The Minister for Justice and Equality, Charlie Flanagan, published the Coroners (Amendment) Bill 2018 on 2 August 2018 with the aim of significantly clarifying, strengthening and modernising the law relating to the reporting of deaths to coroners. The Bill, once enacted, will amend the Coroners Act 1962. The Bill allows for a wider scope of […]

Use of behavioural biometrics brings privacy issues under GDPR

By Alex Towers With cybertheft and data breaches becoming an increasingly common occurrence, the need to rapidly and accurately identify fraud has driven the development of behavioural biometrics as a means to target automated attacks and suspicious transactions. However, for the technology to function, companies must amass libraries of biometric personal data to construct profiles…

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Navigating a new reality in the client-empowered era

To thrive in the new era of the empowered client, law firms must make investments designed to modernise the way they run their firms and service their clients. This requires changing culture, developing new competencies, and operationalising new ways of working. Innovative technologies are key enablers to accelerating rms’ transformations in these areas. New research […]

Procurement and state aid update: preparing for Brexit

By David Kilduff, Richard Auton or Richard Butterworth On 13 September 2018, the UK government published further guidance on the future of public procurement in the UK in the event of a “no deal” Brexit. What next for UK public procurement? Under current rules, all procurement opportunities that fall within the scope of the EU procurement […]

Third-party redevelopment – Landlord may oppose tenant’s lease renewal

By Matthew Lonergan, Lucy Shepherd A recent case has confirmed that a landlord was entitled to oppose its tenant’s lease renewal under the Landlord and Tenant Act 1954 where redevelopment of the site was to be undertaken by a third party. Background The case of Santander UK PLC v LPS Estates Ltd concerned the security of […]

Data protection: sunset of £500k, dawn of GDPR enforcement and horizon of Brexit

By JP Buckley In just a short space of time, the ever-evolving world of data protection and cyber has seen yet more change: 1. Potentially one of the last enforcement actions under the Data Protection Act 1998 against Equifax – and a maximum £500,000 fine for them for failing to secure UK citizens’ personal data against […]

Officer of judgment debtor can be committed for failure to provide information – CoA

Deutsche Bank AG v Mr Alexander Vik [2018] EWCA Civ 2011 This judgment is the latest instalment in the long-running litigation between Deutsche Bank (“DB”) and the Monaco-based billionaire, Alexander Vik. In 2008, Mr Vik’s personal investment vehicle, Sebastian Holdings, Inc. (“SHI”), incurred huge debts to DB after it made a series of heavily loss […]

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Gowling WLG partners from Canada and the UAE win Client Choice Awards

Three Gowling WLG partners from Canada and the United Arab Emirates are among the 2018 recipients of the Client Choice Awards, presented by the International Law Office in partnership with Lexology. Todd Burke and Robert A MacDonald of Ottawa and Jon Parker of Dubai were distinguished for their unwavering commitment to client service and impressive […]

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