Ashfords' In-House Legal Bulletin - May 2019

21.05.19

This month's bulletin brings you a brief update on where an English parent company may become liable for its subsidiary's activities, how the limitation period is calculated in cases of a "midnight" deadline, and what would be considered as an adequate response to a subject access request.

When may a parent company be liable for the actions of a subsidiary?

The Supreme Court has recently clarified the circumstances in which a parent company may be liable for the harmful consequences of a subsidiary’s activities.

To read more click here.

Beware: Limitation and the ‘midnight’ deadline

The Court of Appeal has provided useful clarification on how to calculate the expiry of a limitation period in cases of a ‘midnight’ deadline.  

The key question before the Court of Appeal was, as formulated by the trial judge, “when a cause of action is completely constituted at the very first moment of a particular day, does that day fall to be included when calculating the applicable six years’ limitation period or does it fall to be excluded?”.  

To read more click here.

Subject Access Requests

An important decision was issued in April 2019 by the Hight Court in relation to Subject Access Requests.  Whilst the decision related to a request made under the old (pre-GDPR) data protection regime, the principles will also apply to the current regime.

To read more click here.

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