The following Corporate Crime practice note Produced in partnership with Carolina Bracken of 5 Paper Buildings provides comprehensive and up to date legal information covering:
The Investigatory Powers Act 2016 (IPA 2016) provides the existing legal framework governing the use of covert surveillance by public bodies. This framework previously had been largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Data Retention and Investigatory Powers Act 2014 (DRIPA 2014).
The provisions that govern the retention of communications data are contained within IPA 2016, Pt 4.
IPA 2016, Pt 4 provides for the retention of communications data by telecommunications and postal operators so it is available for subsequent access by public authorities when authorised under IPA 2016.
The provisions in the IPA 2016 which replaced DRIPA 2014, ss 1 and 2 came into force on 30 December 2016. All remaining provisions in Part 4 took effect from 1 November 2018. Retention notices given under DRIPA 2014 continued to have effect for a period of six months from the 30 December 2016. For information about the IPA 2016, see Practice Note: The Investigatory Powers Act 2016—an introductory guide and News Analysis: Understanding the Investigatory Powers Act.
DRIPA 2014 was introduced in response to the Court of Justice of the European Union (CJEU) decision in Digital Rights Ireland v Minister for Communications, Marine and Natural Resources that the EU Data Retention Directive 2006/24/EC (the Data Retention Directive)
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12 and CPR PD 40B, paras 4.1 and 4.5).This rule only covers genuine slips or omissions in the wording of a sealed court order or handed down judgment
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.This Practice Note explains when an acknowledgment of
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