The following Dispute Resolution practice note Produced in partnership with Charlie Morgan (Senior Associate, Digital Law Lead (UK)) of Herbert Smith Freehills provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering data protection and GDPR. For guidance, see: Brexit—implications for data protection.
This Practice Note focuses on the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), the Data Protection Act 2018 (DPA 2018) and other data protection issues that should or may be considered in connection with dispute resolution proceedings. In the context of civil litigation in England and Wales, it provides UK focused guidance on the background to data protection and the GDPR; the scope and territorial reach of the GDPR; key definitions such as personal data, processing and identifying controllers and processors; and the role of litigation parties. It considers the data protection principles including the possible lawful grounds for processing such as consent, compliance with a legal obligation, legitimate interests, performance of a task carried out in the public interest and performance of a contract; fairness and transparency; data minimisation; storage limitation or data retention; integrity and confidentiality; accountability and governance, as well as exemptions to the GDPR in the UK. The Practice Note also takes into account Article 29 Working Party and ICO guidance and looks at data subjects’ rights, data mapping, data protection impact assessments (DPIAs), transfer of data outside the EEA, extra territorial reach and sanctions for breach of GDPR.
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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