As in many jurisdictions, class actions are becoming more
frequent in the the English courts. A body of case law is building
up, and that will be added to by three cases which are to go the
Supreme Court, as discussed on this recent post on our
Litigation Blog.
Significant disputes of all types frequently give rise to
insurance issues and they are worth keeping under review from this
perspective. By way of example, cases of "class action
tourism" have implications for global insureds and those
insuring them.
Of particular note from this perspective is the
Morrisons judgment, which focused on whether Morrisons was
vicariously liable for the acts of a rogue employee in unlawfully
disclosing personal information of 5500 employees. The Court of
Appeal held that it was, with the implication that an organisation
can be liable even if it has taken appropriate measures to comply
with the legislation (which was pre-GDPR) and even if it was the
intended victim of the