The following Corporate Crime practice note Produced in partnership with Eric Metcalf of Monckton Chambers and Carolina Bracken of 5 Paper Buildings provides comprehensive and up to date legal information covering:
The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert surveillance by public bodies, a framework which was largely, but not exclusively, regulated by the Regulation of Investigatory Powers Act 2000 (RIPA 2000).
The timing of IPA 2016 receiving Royal Assent is significant. The government needed legislation to replace sections 1 and 2 of the Data Retention and Investigatory Powers Act 2014 (DRIPA 2014), which were subject to a sunset clause and were repealed on 31 December 2016.
The IPA 2016 was brought into force incrementally between 2016 and 2020 with almost all provisions now in force.
This Practice Note considers:
the scope and content of IPA 2016
the pre-existing statutory framework governing the use of investigatory powers by public bodies, including law enforcement and intelligence agencies
the various reviews of the existing statutory framework carried out in 2015 and other key developments that led the government to publish the draft Bill
the key measures contained in IPA 2016, including new powers for the collection of bulk communications data, bulk personal datasets, and equipment interference
the key findings of the Joint Select Committee on the draft Investigatory Powers Bill
the European legal context, including pending challenges to the existing statutory framework before the Court of Justice of the European Union in Luxembourg and
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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