Dispute Resolution analysis: Rupert Higgins, barrister at Hardwicke Chambers, says Tongue v Royal Society for the Prevention of Cruelty to Animals (RSPCA) serves to reinforce the need to consider the precise nature of any agreement between the supposed bailee and bailor.

Dispute Resolution analysis: Morris v Hatch offers lawyers a useful outline on some of the considerations surrounding the use of witness summonses. Brittany Pearce, barrister at Guildhall Chambers, explains this element within a dispute over a sum of £250,000.

Dispute Resolution analysis: This judgment concerned the enforceability of Litigation Funding Agreements (LFAs) in various collective proceedings in the Competition Appeal Tribunal (CAT) (Sony; CICC; Kent; Gutmann Batteries) that were amended following the Supreme Court’s judgment in R (PACCAR) (PACCAR). The Court of Appeal concluded that LFAs where the funder’s remuneration is calculated based on a multiple of their outlay are not damages-based agreements (DBAs) and are, thus, enforceable. The court similarly concluded that this position was not affected by the inclusion of provisions that: (i) capped the funder’s remuneration based on the recovered damages/proceeds; and (ii) entitled the funder to a percentage-based return if and to the extent applicable by law. The judgment should provide much needed clarity on the enforceability of revised LFAs for the majority of UK collective proceedings post-PACCAR. Written by Leo Kitchen (Partner) & Ben Edwards (Associate) of Quinn Emanuel Urquhart & Sullivan UK LLP.

IP analysis: The IPEC dismissed Iceland Foods Ltd’s (‘Iceland’) application for summary judgment based on its counterclaim of invalidity against Babek International Ltd’s (‘Babek’) UK trade mark 907527963 (the ‘Trade Mark’), ultimately finding the mark to be validly registered, per sections 1(1) and 3(1) of the Trade Marks Act 1994 (TMA 1994). As the Trade Mark was found to be clear and precise, there was no case to consider invalidating the registration under TMA 1994, s 47. The court was not swayed by an overly pedantic reading of the registration and relevant case law, opting instead for a pragmatic approach. The infringement case brought by Babek will now progress. It serves as a reminder to trade mark lawyers that clarity and precision must be prioritised in drafting the graphical representations and written descriptions included in trade mark applications. The judgment offers an insight into not only the court’s reasoning when considering the clarity and precision of a registration, but also the fact the court is reluctant to take too restrictive an approach even where there are perceived discrepancies between the graphical representation and written description. Written by Mark Daniels, partner at Browne Jacobson LLP and Nirmal Trivedy, associate at Browne Jacobson LLP.

MLex: Companies facing data protection enforcement in the UK should have greater clarity over the extent of any fine when the UK data regulator, the Information Commissioner’s Office (ICO), publishes its new guidance. Details of the new ‘five-step process’ will be released ‘very soon’ the regulator’s general counsel said on 29 February 2024 in London. The lawyer explained how the ICO has to be aware of developments in legislation at home and abroad as it increasingly affects when and how any one regulator has jurisdiction over any particular aspect.

Law360, Expert analysis: The Financial Conduct Authority (FCA)’s anti-greenwashing rule is due to come into effect 31 May 2024, prompting the UK regulator to publish industry guidance aimed at assisting firms with compliance on 23 April 2024. Jason Halper, partner, Duncan Grieve, partner, Alix Prentice, partner at Cadwalader Wickersham & Taft LLP, analyse the FCA’s greenwashing guidance.

EU Law analysis: In this judgment, the Court of Justice clarified the scope of processing sensitive data under Article 9(2)(h) of the EU GDPR. In particular that an employer could process an employee's health data in its capacity as a medical service provider of a health insurance fund. In addition, it was clarified that Article 9(3) cannot be interpreted in a way which prevents colleagues of the employee from accessing such data. In respect of compensation, the court concluded that damages under Article 82 of EU GDPR have a compensatory rather than a punitive function. The court also established a liability regime whereby the controller's fault is presumed unless the controller proves that the event which caused the damage is not attributable to him on the basis that this was supported by a contextual interpretation of the EU GDPR. Written by Gabbie Savage, solicitor at Fieldfisher LLP.

Public Law analysis: The Upper Tribunal (UT) dismissed Mr Sokal’s appeal against the First-tier Tribunal’s (FTT) decision concerning redactions to the Akua Reindorf KC report under the Freedom of Information Act 2000 (FIA 2000). The judgment clarifies that the reasonableness of a qualified person’s opinion under section 36 is distinct from the subsequent public interest balancing exercise, and that the approach in Hogan applies only to the latter. The Tribunal also confirmed that FOIA exemptions operate concurrently unless expressly prioritised, reaffirmed the limited scope of appellate intervention, and provided guidance on the adequacy of tribunal reasons and the fairness of gisting closed material. The decision offers important practical guidance for public authorities, tribunals and FOIA practitioners. Produced in partnership with Liz Fitzsimons of Eversheds Sutherland (International) LLP.

Law360: Politicians from all parties in the UK must clarify their plans for the state pension and other retirement savings commitments ahead of the general election due later this year, Aegon's pensions director said 11 January 2024, amid official figures highlighting Britain's aging population.

Restructuring & Insolvency analysis: The High Court reaffirmed the primacy of English jurisdiction over the governance of English companies while recognising limits on its extraterritorial reach. Mr Justice Mann declined to restrain De Beers from settling US proceedings initiated by a South Carolina ‘long-arm’ receiver, holding that English courts will not compel defendants to contest foreign litigation they wish to resolve commercially. The decision preserves the English court’s declarations that the receiver lacked authority while clarifying that third parties may settle such proceedings without risking contempt. The judgment underscores a pragmatic balance between protecting English corporate sovereignty and respecting international comity in cross-border disputes. Written by George Bazinas and Josh Wong of Signature Litigation LLP, the instructed solicitors of Cape Intermediate Holdings Ltd and Cape Plc.

Method of identification of the importance of a particular item of plant to nuclear safety. Definition provided in IEC 61226 Nuclear power plants - Instrumentation and control important to safety - Classification of instrumentation and control functions.

An circular'>explanatory circular relating to a class 1 transaction (or a transaction which must comply with the requirements of a class 1 transaction) which must be sent to shareholders and comply with the requirements for content and approval set out in Chapter 13 of the Listing Rules.