Author Archives: Francesca Palmer

The Tesco shareholder action: will it go all the way to trial?

The Tesco group shareholder action is due to go to trial at the High Court in October 2020. Tesco shareholders are using the cause of action under Section 90A FSMA 2000 to seek to recover their loss in relation to …

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Wirecard – has the German financial regulator lost its immunity?

Wirecard’s collapse – the activities of BaFin (and the FCA) Valued at over €20 billion less than 2 years ago, the financial technology group’s share price plummeted by a dramatic 95% in a matter of days in June this year, …

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Making an Impact – The value of a Data Protection Impact Assessment

Even the UK government has apparently overlooked the implications when designing its track and trace programme. Article 35(1) of the General Data Protection Regulation (GDPR), as applied in the UK under the Data Protection Act 2018, states: Where a type …

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CORONAVIRUS UPDATE: Returning to the workplace safely

1) Carry out a Covid-19 risk assessment You should identify work activity and situations which might cause transmission of Covid-19, think about who could be at risk, determine how likely it is that your workers could be exposed to the …

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Privacy Shield invalidated: what this means for your data flows to the US

Last Thursday, in a landmark decision, the Court of Justice of the European Union (CJEU) invalidated Privacy Shield, the EU-US agreement that allows unrestricted transfers of personal data from the EU to over 5,000 certified organisations in the US. The …

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No Data Protection Impact Assessment (DPIA) undertaken for Test and Trace programme – but what is a DPIA, anyway?

Earlier today, the BBC reported the latest in an increasingly long line of problems to have plagued the country’s COVID-19 ‘Test and…

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Is it a Fair CoP?

Confirmation of Payee (CoP) checks were introduced on 30 June 2020. The system is a new way for banks to check the account details of a…

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The BoE encourages market participants to move from LIBOR to risk-free rates with new policies for the treatment of LIBOR-linked collateral

The Bank of England (BoE) provides liquidity to market participants and lends to firms against a wide set of eligible collateral. To…

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Brief update: Business Interruption Insurance – FCA files a Reply in the Test Case

The FCA has filed a very extensive Reply[1] (35 pages) to the insurers’ Defences in its business interruption (BI) insurance test case, alleging broadly that the eight defendant insurers are seeking to deprive BI cover clauses of their plain and …

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INSOLVENCY CHANGES INTRODUCED BY THE CORPORATE INSOLVENCY & GOVERNANCE ACT

This is the second of two articles considering the corporate insolvency aspects of the Corporate Insolvency & Governance Act 2020 (the Act).  In the first article, we looked at the temporary measures introduced by the Act in response to the …

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