Month: June 2022

28.06.22

Privacy claim requires ‘positive act’ by the defendant to demonstrate misuse of private information

Percy Preston of Brett Wilson LLP is interviewed about the High Court’s decision in Smith and others v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB) Information Law analysis: This judgment concerned several applications in a claim based on alleged mass data breaches. The claimants sought damages from the defendant in the tort of misuse…

27.06.22

Strangulation and suffocation offence introduced

Parliament has introduced new offences under the Domestic Abuse Act 2021, to address ongoing concerns of domestic violence in the home, particularly towards women and children.  One such offence is strangulation or suffocation (section 70). What are the changes? The new provision came into force on 7 June 2022 and amends the existing the Serious…

24.06.22

Can I reclaim money I have lost to fraudsters from my bank?

This article briefly considers the scope of Quincecare duty of care owed by banks, recently increased in scope by the Court of Appeal in Philipp v Barclays Bank UK PLC [2022] EWCA Civ 318. What is Quincecare duty? Banks have an obligation to protect their customers from fraud. Before the recent ruling of the Court…

The challenge of challenging search warrants

It is an accepted principle in law that the issuing of a search warrant, particularly those involving private property, should only be granted after careful consideration of all the facts and in compliance with statutory guidance.  The courts recognise that the power invested in the police to search a home is a ‘draconian’ one and…

23.06.22

Ghost in the shell game

Dishonesty, decentralised finance, and theft on the blockchain On 14 October 2021, Andean “Andy” Medjedovic, an 18-year-old graduate student from Canada managed to extract US$16m-worth of cryptoassets from a decentralised finance protocol Indexed, through an exploit (a software tool designed to take advantage of a flaw in a computer system). Mr Medjedovic, however, maintains that…

Service of legal proceedings by NFT: turning the tables on scammers?

In what is believed to be a world first, on 6 June 2022, the New York Supreme Court allowed American law firm Holland & Knight to serve a temporary restraining order on a defendant by way of Non-Fungible Token (NFT).  In LCX AG v John Does 1-2, the Defendant is accused of being involved in…