Q&As

Q&As

Is the Privacy Shield applicable to special categories of personal data? Can a UK organisation send special category personal data to a US organisation if that US organisation is Privacy Shield registered to process those particular categories?

Is the Privacy Shield applicable to special categories of personal data? Can a UK organisation send special category personal data to a US...

17th Sep

Q&As

Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a company acting by its officers, do their signatures need to be witnessed?

Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a...

17th Sep

Q&As

What General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 issues arise when instructing a third party expert in criminal proceedings? What practical steps should instructing solicitors take to ensure they comply with GDPR?

What General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 issues arise when instructing a third party expert in criminal proceedings?...

Produced in partnership with Professor Dan Hyde of Harrison Clark Rickerbys 17th Sep

Q&As

Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?

Can NHS trusts charge a fee to the police for providing them with copies of patient medical records?In answering this query, it has been assumed that...

17th Sep

Q&As

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?For the purposes of this Q&A we...

17th Sep

Q&As

Can an attorney under a lasting power of attorney (LPA) execute a deed of resignation to resign the donor as a company director?

Can an attorney under a lasting power of attorney (LPA) execute a deed of resignation to resign the donor as a company director?We refer you to Q&A:...

16th Sep

Q&As

What is the territorial scope of Directive 2002/58/EC (the EU ePrivacy Directive) and the Privacy and Electronic Communications (EC Directive) Regulations 2003?

What is the territorial scope of Directive 2002/58/EC (the EU ePrivacy Directive) and the Privacy and Electronic Communications (EC Directive)...

16th Sep

Q&As

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force...

Produced in partnership with Richard Colbey of Lamb Chambers 15th Sep

COVID-19

Q&As

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?Is there a force majeure event?In English law, the...

15th Sep

COVID-19

Q&As

How do I activate a force majeure provision?

How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...

Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep

COVID-19

Q&As

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Sep

COVID-19

Q&As

Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and then signed, is it a valid execution of that document?

Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and...

13th Sep

COVID-19

Q&As

Can a senior employee (for example a Practice Manager) bind a partnership by signing a supply contract? Could they (by implied authority/agency) bind each and every partner jointly and severally to the contract?

Can a senior employee (for example a Practice Manager) bind a partnership by signing a supply contract? Could they (by implied authority/agency) bind...

13th Sep

Q&As

What is the effect of the clause: ‘[a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;]’?

What is the effect of the clause: ‘[a reference to a ‘party’ includes that party’s personal representatives, successors and permitted...

13th Sep

Q&As

What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?

What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?There are various methods by...

13th Sep

Q&As

Is it possible to draft a jurisdiction clause which is neither exclusive or non-exclusive but offers a middle ground?

Is it possible to draft a jurisdiction clause which is neither exclusive or non-exclusive but offers a middle ground?This Q&A relates to drafting...

13th Sep

Q&As

Is a dispute resolution clause still binding between the parties when a contract terminates?

Is a dispute resolution clause still binding between the parties when a contract terminates?This Q&A focuses on whether a dispute resolution clause is...

13th Sep

Q&As

Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common understanding of the confidential nature of the other party, notwithstanding the clause itself?

Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common...

13th Sep

Q&As

Will a correctly executed deed be a binding contract if all pages of the document carry the word ‘draft’ as a watermark?

Will a correctly executed deed be a binding contract if all pages of the document carry the word ‘draft’ as a watermark?A deed has four key...

13th Sep

Q&As

As an alternative to executing a deed of variation, is it possible for all original parties to execute a new deed (with all the amendments included) and have a provision which states that the new deed will supersede the original deed?

As an alternative to executing a deed of variation, is it possible for all original parties to execute a new deed (with all the amendments included)...

13th Sep

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