Q&As

Q&As

What are the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation in UK legislation post-Brexit?

This Q&A looks at the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation within UK legislation under...

3rd Mar

Q&As

If a party wishes to apply to the Court of Appeal for permission to appeal a decision of the Technology and Construction Court (TCC), are there any particular rules or processes that apply to the application for permission? Neither the Civil Procedural Rules nor the TCC guide provides any specific guidance on appeals from the TCC.

In answering this Q&A, it is assumed that the appellant has not yet applied for permission to appeal (different rules on permission to appeal apply to...

3rd Mar

Q&As

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...

2nd Mar

Brexit

Q&As

What are the essential items to have on your radar if advising an organisation that accesses or uses NHS data?

NHSX recently launched a brand new information governance portal providing a ‘one-stop shop’ for NHS policies and guidance. NHSX is the NHS body...

Produced in partnership with Jaspreet Takhar of Baker McKenzie 1st Mar

Q&As

Does the Data Protection Act 2018 include powers to make any subordinate (or 'secondary') legislation?

The Data Protection Act 2018 (DPA 2018) confers certain powers to create subordinate (or 'secondary') legislation under a number of sections of DPA...

1st Mar

Q&As

What are Francovich damages and how does Brexit impact the right to claim?

Damages may be available from an EU Member State if it is found to have breached an individual's right under an EU law provision which has direct...

26th Feb

Brexit

Q&As

What is the EU infringement procedure under Article 258 TFEU and how can proceedings be monitored?

What are the infringement proceedings under Article 258 TFEU?If an EU Member State fails to communicate measures that fully transpose the provisions...

Produced in partnership with Adam Cygan of University of Leicester 25th Feb

Q&As

Organisation A (Host Organisation) was allowing Organisation B (Abandoning Organisation) to use its office space. Abandoning Organisation has now ceased trading and disappeared. Abandoning Organisation left various computer equipment (which is suspected to contain personal and other business data) at Host Organisation’s premises. What are Host Organisation’s obligations in respect of any such personal data on the equipment under the general data protection regulation (GDPR)? What steps can Host Organisation take to dispose of Abandoning Organisation’s equipment (and any associated personal data) in compliance with the GDPR?

This Q&A assumes that:•Host Organisation is based in the UK•Abandoning Organisation is a data controller in respect of at least some of the personal...

Produced in partnership with Sam Morrow 24th Feb

Q&As

When are assessment notices served under the Data Protection Act and what happens if I receive one?

What is an assessment notice?Assessment notices are a feature of compulsory data protection audits introduced into the ICO's regulatory toolkit by the...

24th Feb

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...

24th Feb

Brexit

Q&As

In practice, how are court documents filed and court fees paid in insolvency proceedings during the coronavirus (COVID-19) outbreak?

The first thing to bear in mind is that courts are updating their processes and guidance, sometimes daily at present, so you should check with the...

Produced in partnership with Christopher Adams of Partner Gosschalks 24th Feb

COVID-19

Q&As

What are the grounds for judicial review?

We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive search of our resources on this subject,...

24th Feb

Q&As

How does the government propose to implement the new provisions concerning the financing of judicial review proceedings under the Criminal Justice and Courts Act 2015?

Criminal Justice and Courts Act 2015The Criminal Justice and Courts Act 2015 (CJCA 2015) introduced amendments to judicial review by way of amendments...

24th Feb

Q&As

Is there is a precedent schedule of costs form in relation to judicial review proceedings?

Civil Procedure RulesCivil Procedure Rule 54 (CPR 54) contains the applicable rules regarding judicial review. CPR 54.8(2) sets out the following:'In...

24th Feb

Q&As

Is there a specified format for notifying data subjects of a personal data breach under the GDPR?

In answering this Q&A, it has been assumed to be a breach notification under the Genaral Data Protection Rules, and the threshold for informing data...

22nd Feb

Q&As

How are state aid rules applied in respect of public service broadcasting?

There are sector specific rules in relation to state aid and broadcasting. We refer you to Commentary: Public Service Broadcasting and State Aid:...

20th Feb

Q&As

What is the UK Conformity Assessed product mark and what does it mean for manufacturers selling products in the UK and the EU after Brexit?

This Q&A relates to a new product safety marking for manufacturers to demonstrate that their goods comply with applicable regulations for the UK...

Produced in partnership with Victoria Hewson of Institute of Economic Affairs 16th Feb

Brexit

Q&As

Do you have guidance on the general implications for UK trade in services with the EU27 if the UK trades with the EU on World Trade Organization rules following a ‘no deal’ Brexit outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade...

16th Feb

Brexit

Q&As

What are the implications for trading in goods with the EU27 if the UK trades on World Trade Organization rules in the event of a ‘no deal’ outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...

16th Feb

Brexit

Q&As

Can a sub-contractor rely on Article 6(1)(b) of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) as a lawful basis of processing when processing the relevant personal data as ‘processor’ on behalf of a controller where that controller has entered into the relevant contract that may form the lawful basis under Article 6(1)(b) of the GDPR with the data subject?

Processing personal data for the performance of a contractIn answering this Q&A, we assume the sub-contractor is acting as ‘processor’ and the other...

15th Feb

View Public Law by content type:

Latest Public Law News

Government failure to publish coronavirus (COVID-19) contract award notices on time unlawful (R (Good Law Project Ltd v Secretary of State for Health and Social Care))

City adapts to fading hope of EU market access deal

Brexit SI Bulletin—drafts laid for sifting on 2 March 2021

Brexit SI Bulletin—drafts laid for sifting on 1 March 2021

Featured Public Law content

Forming enforceable contracts—intention to create legal relations

Separation of powers—legislative, executive and judiciary

Build Operate Transfer (BOT) contracts

Facilitation payments under the Bribery Act 2010

Most recent Q&As content

Popular documents

Transferred malice

Build Operate Transfer (BOT) contracts

Money Laundering Regulations 2017—simplified due diligence

Letter to client on disclosure obligations under CPR 31

Contact Us

Popular Links

Policies

Follow us