May 2019 - Insights

Rudd v Bridle – the who and what of subject access requests under GDPR

The case of Rudd v Bridle is an interesting example of data protection law in the UK, and specifically subject access requests, being used in the context of litigation. We have already considered our legal relationship to that third-party controlled personal data, and also fundamental privacy rights. Now we look

May 22, 2019 Conflict

Successful persuasion: the missing 93%

Article by Ben Pilbrow and Lucy Arthur How many of you have read the book ‘Silent Messages’? How many of you have even heard of it or its author, Professor Albert Mehrabian? Probably not that many. By contrast, most of you have probably heard the key thesis of the book,

May 20, 2019 Regulation

A ‘Consumer Duty’ for the UK Courts – An Actionable Proposal?

Andrew Tyrie has proposed that the UK courts – as well as the CMA itself – be made subject to a new statutory consumer duty. What are the ‘rule of law’ concerns raised by the proposal and how (to some extent) might they be addressed in practice? One of the

May 16, 2019 Conflict

Educating the judges – balancing knowledge and fairness

One of the challenges of dealing with large complex disputes (or even smaller disputes with technical complexity) is that the decision maker may have no understanding of the technical background to the dispute. It can be worrying for both parties, and a vast amount of time and effort can be

May 14, 2019 Regulation

Ofwat and the future of the water industry – Three things you need to know

On 2 May 2019, Ofwat, the water industry regulator for England and Wales, unveiled its emerging thinking on the future regulatory framework for the water sector. Here are three key things you need to know. 1 Evolution not revolution The indications are that the future strategy will be an ‘evolution’

May 8, 2019 Government

Regulation of online falsehoods: ‘fake news’ – the UK, Singapore and Europe

Article by Tripti Malhotra and Gordon Moir ‘Fake news’ – information or news that is proven to be either verifiably false or misleading – has become a major, global concern. As news and opinion pieces are increasingly pushed to readers via online and social media channels, the speed their dissemination

May 3, 2019 Conflict

Negotiations: Why do we avoid uncertainty?

The second article in a series on how to improve your strategic negotiation and decision-making skills by addressing natural cognitive biases.