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Ashfords' In House Legal Bulletin - November 2019

This month’s bulletin brings you an update on the ongoing data privacy claims against Google, the clarification by the Court of Appeal on the application of legal advice privilege and a reminder on the importance of the notice provisions in a share purchase agreement.

Application of Legal Advice Privilege Clarified by the Court of Appeal

The Court of Appeal recently explored the application of legal advice privilege in instances where there no party exists who is entitled to assert it. The Court, contrary to an earlier precedent, held that privilege attaches to documents, and exists regardless of the existence of an entity who is able to exercise that privilege.

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The importance of complying with notice provisions in an agreement

The Court of Appeal has recently reaffirmed the principle that notice provisions in a share purchase agreement are to be construed strictly. 

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Data privacy claims - the next instalment 

Mr Lloyd continues to cause problems for Google.

Mr Lloyd a former director of ‘Which?’ has brought a representative action against Google, on behalf of 4.4 million iPhone users.  The Claimants allege that Google secretly tracked some of their internet activity for commercial purposes between 2011 and 2012.

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