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Roisin Harper
“Where there’s muck, there’s brass” Before 25th May, a general expectation existed amongst data practitioners that we will see an increase in individuals making claims for compensation because of a data breach. The civil claims that hit the headlines as soon as GDPR came into effect, against companies such as Facebook and Google, involve arguments around data processing for targeted advertising – how can consent be freely given if there is no alternative but to agree to data being used for targeted advertising to use a particular app etc? Regulators across Europe including the UK’s ICO are reporting increases in reported data breaches and complaints. [i] What we have yet to see is an updated Judgment in this ...
Aisling Mellon
There are two ingredients for vicarious liability: an employment relationship/one akin to employment, plus an act done within the field of employment activities. A useful way of thinking about it is Relationship + Act = Vicarious Liability. There has been a broadening of both sides of the formula. With the Supreme Court case of Mohamud v WM Morrisons Supermarket plc[i], the ‘Act’ part of the formula has gone from an act closely connected to employment, to an act which is in the field of activities of the duties expected of the employee.  With the increase in historical sexual abuse claims, the Courts have had to consider relationships outside of the traditional employer/employee sphere. The first ingredient, the ...
Catriona McCorry
Although GMC guidance on the very issue of informed consent was in circulation from 2008, it took the seminal decision in Montgomery v Lanarkshire Health Board in 2015 [i] for the law to catch up. A prime example of how the law does not always keep pace with medical advances.   Key Judgments prior to Montgomery Bolam v Friern Hospital Management Committee[ii] established the test for negligence in cases involving skilled professionals. If a doctor reaches the standard of a responsible body of medical opinion, he is not negligent. The emphasis is on doctor/ medical paternalism. Sidaway v Bethlem Royal Hospital Governors and Others[iii]&...