Regulation of intelligence gathering

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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Exclusion and limitation of liability

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and

Introduction to the EU GDPR and UK GDPR

Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can

Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep

Practice notes

Judicial review—time limits and the pre-action protocol

When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 29th Sep

Practice notes

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689),...

27th Sep

Practice notes

Brexit timeline [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. On 23 June 2016, the UK held a referendum on its membership of the EU, with a...

26th Sep

Brexit

Practice notes

Judicial review—interested parties and interveners

Interested partiesIn the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly...

26th Sep

Practice notes

EU public procurement case tracker

The EU public procurement case tracker records and summarises the most recent European case law developments relating to public procurement. This...

26th Sep

Practice notes

Introduction to public contracts procurement

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

26th Sep

Practice notes

Introduction to utilities contracts procurement

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

25th Sep

Practice notes

Remedies: overview of direct, indirect effect and state liability

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Sources of constitutional law

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Challenging a public procurement award—procedures, remedies and time limits

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

25th Sep

Practice notes

Parliamentary supremacy—implied repeal

Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...

25th Sep

Practice notes

Parliamentary supremacy the enrolled bill rule

It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...

25th Sep

Practice notes

Public procurement—key considerations

A contracting authority procuring a public contract above a certain financial threshold must use one of the permitted procurement procedures set out...

25th Sep

Practice notes

Methods of statutory interpretation used to resolve ambiguities in legislation

Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...

25th Sep

Practice notes

Convention rights

The European Convention on Human Rights (ECHR) was adopted by the Council of Europe in 1950. The ECHR sets out the rights and freedoms which the...

25th Sep

Most recent Regulation of intelligence gathering content

Practice notes

Interception of communications under the Investigatory Powers Act 2016

The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of covert surveillance by public bodies, a framework which...

25th Sep

In-house

Practice notes

Acquisition and disclosure of communications data under the Investigatory Powers Act 2016

The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of acquisition and use of communications data by public...

25th Sep

Practice notes

Acquisition and disclosure of communications data under RIPA 2000 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The Investigatory Powers Act 2016 (IPA 2016) provides the main legal framework...

25th Sep

Practice notes

Investigation of encryption protected electronic data under RIPA 2000

Although the Investigatory Powers Act 2016 (IPA 2016) repealed and replaced much of the Regulation of Investigatory Powers Act 2000 (RIPA 2000), the...

25th Sep

Practice notes

Interception of communications under RIPA 2000—phone tapping and other criminal offences [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. On 27 June 2018, the provisions of Regulation of Investigatory Powers Act 2000...

25th Sep

Practice notes

Regulation of investigatory powers under RIPA 2000

The Investigatory Powers Act 2016 (IPA 2016) provides the main legal framework governing the use of covert surveillance by public bodies. Previously,...

25th Sep

Practice notes

Scrutiny of interception under RIPA 2000 [Archived]

ARCHIVED: This archived Practice Note is not being maintained. For information on the scrutiny of intelligence gathering, see Practice Note: Scrutiny...

26th Sep

Practice notes

Investigatory Powers Tribunal

For information on the overarching regime for scrunity of the use of powers under the Investigatory Powers Act 2016 (IPA 2016), see Practice Note:...

26th Sep

Practice notes

Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, allows the...

26th Sep

Practice notes

Equipment interference under the Investigatory Powers Act 2016

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, allows the...

26th Sep

Practice notes

Surveillance and intelligence gathering powers of the FCA

The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert...

26th Sep

Q&As

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

For the purposes of this Q&A we have not considered marketing and employment issues.Civil proceedingsThe question of admissibility of evidence in...

28th Sep

Q&As

Does the Regulation of Investigatory Powers Act 2000 apply to civil and family law proceedings and to what extent can a local authority use surveillance for the purposes of civil or family law proceedings?

Please note that the extent to which any powers of the local authority under the Regulation of Investigatory Powers Act 2000 (RIPA 2000) may apply to...

29th Sep

Practice notes

Covert intelligence sources

Although the Investigatory Powers Act 2016 (IPA 2016) repealed and replaced the majority of the Regulation of Investigatory Powers Act 2000 (RIPA...

9th Oct

Practice notes

The Investigatory Powers Act 2016—an introductory guide

The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert...

Produced in partnership with Eric Metcalf of Monckton Chambers and Carolina Bracken of 5 Paper Buildings 9th Oct

Practice notes