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The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza

The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza
By  Daphne Romney QC When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “ cri de coeur ”. “As any hapless law student attempting to grapple with the concept of illegality knows, it is almost impossible to ascertain or articulate principled rules from the authorities rel...
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Investor-State Arbitrations

Investor-State Arbitrations
Cloisters’ Sheryn Omeri will introduce the guest chair and guest speaker, O. Thomas Johnson, Judge of the Iran-United States Claims Tribunal, at a lecture to be given to members of the Commercial Bar Association on Thursday, 9 June 2016. The guest chair will be Lord Walker of Gestingthorpe, former Justice of the Supreme Court, non-permanent Judge o...
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Database rights: ownership, breaches and remedies

Database rights: ownership, breaches and remedies
There is, at common law, no property in information ( Oxford v Moss [1978] 68 Cr App Rep 183).  An employer may want to use database rights where traditional restrictive covenant approaches to protecting a business interest will not succeed.  In this article Declan O’Dempsey covers some of the ways in which an employer can use the Databas...
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Proportionality and Data Protection

Proportionality and Data Protection
Declan O'Dempsey and Catherine Richmond assess the amount of effort required to respond to a data subject access request: the Information Commissioner goes one way but the courts go another. The Information Commissioner’s Office has never liked the suggestion of the High Court in Ezsias v Welsh Ministers [2007] EWHC B15 (QB) (23 November 2007)...
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Rachel Barrett returns to Cloisters Chambers

Rachel Barrett returns to Cloisters Chambers
Cloisters is delighted to welcome Rachel Barrett back from a year’s secondment to the Supreme Court and Privy Council, where she acted as Judicial Assistant to Lord Wilson and Lord Hodge JJSC. She was closely involved in several high profile cases across Chambers’ areas of practice, including Greater Glasgow Health Board v Doogan [2014] UKSC 68 (co...
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