November 2018 Litigation and Dispute Resolution Review Contents Antitrust 2 First UK follow-on cartel damages ruling BritNed Development Ltd v ABB AB and ABB Ltd Crime 4 Cybercrime – remedies against unknown hackers CMOC Sales & Marketing Ltd v Person Unknown & 30 ors Bank ordered to disclose suspicious activity reports to customer Lonsdale v National Westminster Bank [2018] EWHC 1843 (QB), 18 July 2018 Data Protection 9 Employer vicariously liable for rogue employee’s data breach WM Morrison Supermarkets PLC v Various Claimants Equity 12 Secured creditor has equitable duty to perfect, but not necessarily to protect, security for benefit of a guarantor General Mediterranean Holding SA.SPF (aka General Mediterranean Holding SA) v Qucomhaps Holdings Ltd, William James Harkin (& anr) Privilege 14 In-house counsel emails not privileged Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & anr v Sandoz Ltd & ors Public law 17 Decisions of a private body acting as a “skilled person” cannot be judicially reviewed R (Holmcroft Properties Ltd) v KPMG LLP & ors Sanctions 19 Amy Edwards Mere risk of exposure to sanctions insufficient for underwriters to avoid liability Litigation – Senior Professional Mamancochet Mining Ltd v Defendants Managing Agency Ltd Support Lawyer – London Sovereign immunity 20 Contact Assets owned by a state-owned enterprise not immune from enforcement Tel +44 20 3088 2243 Botas Petroleum Pipeline Corporation v Tepe Insaat Sanayii AS
[email protected] allenovery.com 1 Antitrust FIRST UK FOLLOW-ON CARTEL DAMAGES RULING BritNed Development Ltd v ABB AB and ABB Ltd [2018] EWHC 2616 (Ch), 9 October 2018 The UK High Court ordered Swiss engineering company ABB to pay Anglo-Dutch power-grid joint venture BritNed just over EUR11.5 million in damages in a follow-on action relying on the European Commission’s underground and undersea power cables cartel decision.