Commercial news vlog - November 2018: ICO fees, Tribunal fees and Competition law awareness

Commercial news vlog - November 2018: ICO fees, Tribunal fees and Competition law awareness

Your updates in association with Iain Larkins, Radius Law, across corporate & commercial, data security, advertising & marketing, employment, consumer and competition.

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

This month, we cover the following.

Brexit Watch

In October, Theresa May did send one clear message that Britain will not continue to give EU nationals preferential immigration treatment after Brexit, but that waivers of visa requirements may continue on a reciprocal basis with countries.

See News.

Corporate & Commercial

Director duties - In Wessely v White, a director of an insolvent company mistakenly signed deeds terminating two of the company's contracts mistakenly believing that he was novating the contracts.

See News Analysis: Interests of creditors are paramount where a company is insolvent (Wessely and another v White)

Letter of Intent - In the case of Hyder Consulting v AMEC, AMEC issued a letter of intent (‘LOI’) to Hyder to govern various projects.  The LOI included a cap on Hyder’s liability. Hyder acknowledged receipt of the LOI and wrote noting that certain items still needed to be agreed for incorporation into the formal contract. The formal contract never materialised.

See News Analysis: Court of Appeal holds that liability cap had been incorporated into contract (Arcadis v AMEC

Data security

Morrisons liable for rogue employee data leak - a rogue Morrisons Supermarket employee deliberately leaked payroll data of 5000 employees. Worryingly, The Court of Appeal agreed with an earlier court decision that held Morrisons liable as there was a ‘sufficient connection’ between the rogue activity and his employment.

See News Analysis:

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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.