Commercial news update August 2018: Parent Company Liability, EU-US Privacy Shield and CMA Action

Commercial news update August 2018: Parent Company Liability, EU-US Privacy Shield and CMA Action

This month we have updates across corporate & commercial, data security, employment, and consumer.

We focus on the commercial aspects and look at the practical steps for you to consider.

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Corporate & Commercial–tune in from 0:12 secs

Literal meaning – we look at two cases that emphasise the courts are rarely willing to imply words or override written words in business to business contracts.

Case 1: Goodlife Foods v Hall Fire Protection, concerned Goodlife’s purchase of a fire protection system which it claimed failed and caused £6m+ of losses.

See News Analysis: Context is key in exclusion clauses (Goodlife Foods Ltd v Hall Fire Protection Ltd)

Case 2: Bou-Simon v BGC Brokers, BGC made a payment to Bou-Simon to join the business but left shortly after.  BGC asked for the payment to be returned claiming it was an implied term that it would be returned if he left in the initial period.

See News Analysis: Contractual interpretation, implication of terms and admissibility of deleted words (Bou-Simon v BGC Brokers)

Good faith – We’ve reported on good faith clauses and that they will rarely be implied into commercial contracts. But what’s the impact when an obligation to use good faith is expressly stated in a contract?  The recent case of Health and Case Management (HCM) v Physiotherapy Network (PN) is a good example of how it can rescue a party when all else fails.

See News Analysis: Outlining correct procedure after breaking a business tie (Health & Case Management Ltd v Physiotherapy Network Ltd)

Parent company liability - In 2007 following the Kenyan presidential election, there was an upsurge in serious violence. Following this, some employees and residents living on a large tea plantation run by Unilever’s subsidiary in Kenya, claimed that Unilever

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About the author:
Iain founded Radius Law in September 2013 which has been designed to meet the exacting standards that Iain had of his law firms during his time as an in-house counsel.

 

Iain’s in-house career spans 14 years with the 7 years from 2006 to 2013 being the General Counsel and Chief Compliance officer for the Mercedes-Benz UK Group. In this role he led a team of 18 staff.
Iain has previously been recognised in the Financial Times Innovative Lawyers report as a thought leader in legal management. He has spoken regularly and had published articles particularly on how to measure legal value.

Aside from legal management, Iain has significant expertise in regulatory work, particularly competition law and anti-bribery. Iain has led the implementation of large scale compliance programmes and also managed regulatory investigations.

Outside of the day job Iain has a passion for community projects and has been a non-executive director of a housing association and also established a debt advice centre. This social conscious approach continues in Radius Law with a bold commitment to pay 10% of profits to charity.