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GLOSSARY
The trustee's dealings with the estate. The Account of Intromissions is simply a statement of what the trustee has done with the debtor's estate
GLOSSARY
Invasion of privacy describes unlawful or unjustified interference with an individual’s private life, personal information, communications, image or personal space. In UK and Irish legal practice it is a descriptive term, not a single codified cause of action, and is addressed through a combination of privacy, data protection, confidentiality and harassment laws. In England & Wales and Northern Ireland, invasion of privacy is most often litigated through the tort of misuse of private information, breach of confidence, the Protection from Harassment Act, and data protection claims under the UK GDPR and Data Protection Act 2018. In Scotland, similar interests are protected mainly through breach of confidence, misuse of private information (developed in case law) and delictual claims, alongside data protection legislation. In Ireland, invasion of privacy issues arise under the Constitution (unenumerated right to privacy), the GDPR and Data Protection Act 2018, breach of confidence and harassment. Across all jurisdictions, typical contexts include media publications, covert recordings, excessive workplace monitoring, data breaches, intrusive surveillance, and misuse of personal images or information, balancing privacy rights against freedom of expression and other competing interests.
NEWS
Information Law analysis: The court was asked to consider the scenario where publication is threatened concerning an individual’s identity and facts pertaining to criminal law proceedings, where that person has been arrested but not charged. Relevant legal concepts weighed in the balance included contempt of court violations and human rights breaches, misuse of private information, and freedom of the press to publish. The court found emphatically that the rights of the claimant, who at the time of publication must still be presumed innocent, outweighed the publisher’s right to print a story identifying the claimant. The court upheld the anonymous claimant’s request for an injunction against the British Broadcasting Corporation (BBC). Written by Adam Richardson, barrister at 1EC—The Chambers of Sir Tony Baldry.
GLOSSARY
Invasive Non-Native Species (INNS) are plants and animals that have been introduced to an area outside of their normal geographic range and which can cause a detrimental impact on biodiversity or cause significant environmental or economic costs.
GLOSSARY
IAS which are not deemed to be of Union concern, but for which a Member State considers on the basis of scientific evidence that the adverse impact of its release and spread, even where not fully ascertained, is of significance for at least part of its territory and requires action at the level of that Member State, are considered IAS of Member State concern and may be included in MS lists. The INNS EU Exit Regulations omits this definition from the retained UK law on IAS after IP completion day.
GLOSSARY
IAS whose adverse impact has been deemed such as to require concerted action at Union level are considered IAS of Union concern and are included on the Union list. Following the coming into force of the INNS EU Exit Regulations, references to IAS of ‘Union concern’ will be substituted with IAS ‘of special concern’.
GLOSSARY
An alien species is invasive if its introduction or spread has been found to threaten or adversely impact upon biodiversity and related ecosystem services.
CHECKLISTS
Initial considerations Where a plant is identified on land, for example during a site inspection or ecological survey, or in connection with a planning application or property transaction: • confirm that the species has been correctly identified. If there is any uncertainty, seek specialist ecological advice before proceeding • establish whether the species is subject to controls relating to invasive non-native species (INNS). In particular, consider whether it is listed in Schedule 9 to the Wildlife and Countryside Act 1981 (WCA 1981) or is otherwise subject to specific controls relating to INNS • establish whether the species is an injurious weed for the purposes of the Weeds Act 1959 (WA 1959). The Act applies to five specified injurious weeds (see below) • consider whether another legal regime applies. A species that is not subject to INNS controls and is not an injurious weed may nevertheless be subject to other environmental, planning, biodiversity or wildlife controls. For more information, see the following Practice Notes: ◦ Biodiversity—policy and legislative framework ◦ Biodiversity
PRACTICE NOTES
What are invasive non-native species? An invasive non-native species (INNS) is any non-native animal or plant that has the ability to spread causing damage to the environment, the economy, our health, or the way we live. According to the GB Non Native Species Strategy 2023–30, as of 2021 there were approximately 2,000 INNS established in GB, with 10 to 12 new INNS becoming established every year. This trend is mirrored globally and, if not adequately addressed, numbers will continue to increase for the foreseeable future. Climate change is expected to increase the risk from many INNS that were previously unable to establish. In October 2019, the Environmental Audit Committee (EAC) published its report on invasive species, finding that they cost the UK economy £1.8bn a year through damage done to natural biodiversity, disease transmission and other harmful effects to the environment. In response to the Environmental Audit Committee's 2019 report on invasive non-native species (INNS), the government indicated in 2020 that it would consider establishing a Nature Volunteer Force to support monitoring and management of invasive
PRACTICE NOTES
What are invasive species? ‘Invasive species’ are those plants and animals that have the potential to occupy land, spread or grow in a manner that could constitute a nuisance or other cost impact. In terms of property transactions, it is usually Invasive Non-Native Species (INNS) that are of concern. These are plants and animals that have been introduced to an area outside of their normal geographic range and which can cause a detrimental impact on native flora and/or fauna or cause significant environmental and/or economic costs. For more information, see Practice Note: Invasive species—regulation and offences. What weeds are regulated? Injurious weeds are native or naturalised species that are invasive and are prescribed in the Weeds Act 1959 (WA 1959): • common ragwort (Senecio jacobea) • broad-leaved dock (Rumex obtusifolius) • curled dock (Rumex crispus) • creeping or field thistle (Cirsium arvense) • spear thistle (Cirsium vulgare) Section 14(2) of the Wildlife and Countryside Act 1981 makes it an offence
GLOSSARY
An invention, in the context of patent law, is something which has technical character, solves a technical problem and has technical features.
GLOSSARY
An invention must involve an inventive step to be patentable.