THE MORRISONS APPEAL AND VICARIOUS LIABILITY:  DID THE COURT JUST BECOME AN ACCESSORY TO A CRIME?

Meera Manoj, Gujarat National Law University, India

The case of Various Claimants v Wm Morrisons Supermarket PLC (“Morrisons”) decided by the High Court on 12 December 2017[1] is significant for several reasons. In addition to being the first data breach class-action in the United Kingdom, it crucially imposes vicarious liability on Morrison’s Supermarket PLC for the criminal actions of its rogue employee despite the company having taken all reasonable precautions to guard against any data breach.[2] The High Court however granted Morrisons leave to appeal to avoid rendering itself ‘an accessory in furthering the perpetrator’s criminal aims’.[3] Continue reading

WAR IN OUR TIMES: THE END OF THE TRADING SYSTEM AS WE KNOW IT?

Meera Manoj, Gujarat National Law University, India

Introduction

A new kind of war has captured the world’s imagination of late: a war of global tariffs.

The “trade war”, as it has been loosely termed, began with the United States’ (“US”) imposition of additional tariffs of 25% on steel and 10% on aluminum imports last March.[1] The measure was imposed as per an investigation conducted under Section 232 of the Trade Expansion Act of 1962.[2] The US concluded that the continued import of these goods constituted a threat to its national security by weakening the internal economy, leaving it “almost totally reliant on foreign producers in case of a national emergency.”[3] Continue reading

AMERICA’S CURVE-BALL TO DEVELOPING COUNTRIES: Analysing the US WTO Challenge against Indian Export Subsidies

Meera Manoj, Intern at Cyril Amarchand Mangaldas – Advocates & Solicitors

Recently, the United States (“US”) issued an unprecedented challenge at the World Trade Organisation (“WTO”) against almost every export subsidy scheme maintained by India for violating the 1994 Agreement on Subsidies and Countervailing Measures (“ASCM”).[1]

After consultations between the US and India failed on 11th April, 2018, the WTO has initiated the process for setting up a Panel.[2] If successful, the challenge could wipe out $7 billion worth of Indian benefits just annually.[3] However, its true significance lies in the global scope of its consequences. It would have a domino effect to invalidate or shorten the period of export subsidies for twenty-two developing countries, and consequently stymie their economic growth.[4] Continue reading

CLICK, CLICK, DID YOU REALLY AGREE? The EU GDPR and the need for a Uniform Format for Privacy Policies

Meera Manoj, Intern at Cyril Amarchand Mangaldas – Advocates & Solicitors.

The recent outrage over Cambridge Analytica’s alleged profiling of Facebook users to influence elections has led to a curious situation. There was no breach of Facebook’s privacy policies at the time in regard to collecting data of users and their friends by third-party applications.[1] In fact, profiling users and selling their information to third parties is essentially Facebook’s business model.  Yet, consumers were left reeling with a sense of betrayal. The inescapable conclusion is that no one really reads online privacy notices.  In fact, this has already been well documented.[2] The reasons for this are quite clear. In the absence of a specific format for privacy notices, they tend to be complicated, lengthy and at times, misleading.[3] In such a scenario, users’ consent to online agreements is neither genuine nor informed.

However, the coming into force of the General Data Protection Regulation (“GDPR”) in the European Union (“EU”) may herald an era of change.[4]

Continue reading