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NEWS
Dispute Resolution analysis: The court dismissed a defendant’s application to vary a passport order, finding that they had failed to demonstrate sufficient hardship and emphasising the need for full and credible evidence in support of such applications. More broadly, this decision illustrates that the courts will be slow to relax travel restrictions where they continue to serve a legitimate and proportionate purpose, in particular if there is a real risk of flight and ongoing non-compliance (in this case, with court orders requiring disclosure of assets and cross-examination under CPR 71).
PRACTICE NOTES
This Practice Note is no longer updated as it relates to the position prior to the introduction of simplified Immigration Rules and procedures at and before the end of the Brexit transition period. This Practice Note explains and gives examples of the different immigration stamps and vignettes (stickers) endorsed in non-EEA nationals’ passports and common problems with these. Since the completion of the rollout of Biometric Residence Permits (BRPs) and Short Stay Permits (SSPs) in all categories of entry clearance and leave to remain (see Practice Note: Biometric Immigration Documents), the only passport endorsements issued to non-EEA nationals by UK immigration authorities which confer leave to enter or remain in the UK (rather than rectangular landing stamps endorsed on arrival during the currency of a person’s existing leave) are stamps granting leave to enter which can be issued by an Immigration Officer at a port of entry. One common example is the grant of leave to enter as a visitor to a non-visa national. However,
GLOSSARY
The right for a firm registered in the European Economic Area (EEA) to do financial services business in any other EEA state without needing further authorisation from individual member state financial services regulators.
PRECEDENTS
1 Introduction 1.1 Passwords are a critical aspect of our information and cybersecurity measures. They are our first line of defence. 1.2 This policy: 1.2.1 establishes guidelines on selecting strong passwords; 1.2.2 provides for the protection of passwords; and 1.2.3 sets out how often passwords must be changed. 1.3 This policy applies to all staff. 1.4 [Insert name] is responsible for this policy. Please contact them if you have any questions or concerns about anything in this policy. 2 Using strong passwords 2.1 Your passwords must: 2.1.1 be
NEWS
Ireland—Dispute Resolution analysis: The Supreme Court has ruled on whether compelled passwords breach the privilege against self-incrimination. The judgment reshapes the balance between digital privacy and investigative powers. Mairead O’Brien, Katie O’Connor, and Rachel Kemp of A & L Goodbody consider the matter.
PRECEDENTS
This quick guide can help you to create a strong password (that you won’t forget) and maintain the best possible password protection for you and our business. Cybercriminals may try to guess your passwords to access your devices or important accounts, eg email or online banking. They can guess your passwords based on the most commonly used passwords (eg PASSWORD1) or using publicly available information about you or your organisation. Once they have correctly guessed one password, they can use the same password to try to access other accounts. Therefore, the strongest passwords are hard to guess and not repeated across different accounts. Here’s some advice for creating and managing passwords. Create a strong password There are various things you can do to create a strong password: Have sufficient characters You need to choose a password that is long enough. Our minimum
PRACTICE NOTES
This Practice Note discusses common recoverable past financial expenses and losses which are incurred before trial. It can also be used to assist with gathering appropriate evidence and sets out the issues that frequently arise when quantifying these losses. For further guidance, see: Past expenses and losses—overview. Identify the expense or loss It is important to identify any potential heads of loss at an early stage, keeping them under review as the case progresses. Establishing the clamant’s pre-incident position and comparing it to their post-incident position helps to categorise the losses. Common special damages (or past pecuniary losses) include: • loss of earnings • care and assistance (gratuitous and paid) • treatment and medication costs • damaged, destroyed or lost property • travel costs and miscellaneous expenses • aids, equipment and accommodation costs • costs of mitigation (expenditure incurred to minimise loss) This is not an exhaustive list—the individual items claimed will depend on the particular circumstances of the claim. It is useful for the claimant to keep a contemporaneous
CHECKLISTS
This Checklist can be used to identify common recoverable past financial expenses and losses (special damages or past pecuniary losses) which are incurred before trial. It can also be used to assist with gathering appropriate evidence and sets out the issues that frequently arise when quantifying these losses. For further guidance, see: Past expenses and losses—overview. Head of loss Detail/considerations Potential evidence Further reading Past loss of earnings Calculate net loss of earnings (including overtime, bonuses and benefits where appropriate).Consider long-term wage inflation, sick pay arrangements, promotion prospects, and different approaches for employed, self-employed and unemployed claimants.For self-employed claimants, assess loss of profits rather than income.Consider loss of chance where appropriate. Payslips, P60s, bank statements, employment contract, employer HR/payroll letters, sick pay policy, comparator employee evidence, pension/share scheme statements, business accounts and tax returns (self-employed), qualifications, job applications, business plans, employment expert evidence. Practice Note: Past loss of earningsCalculating past loss of earnings—checklist Past care and assistance Consider gratuitous care provided by family/friends, paid commercial care and situations where the claimant
PRACTICE NOTES
Common issues Claims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss of earnings, see Practice Note: Future loss of earnings—personal injury claims. While many are straightforward, typical complications include: • financial complexity, eg in a claim for loss of profits by a member of a partnership • uncertainty, eg in a claim where the claimant’s career path was uncertain or earnings were variable • evidential difficulty, eg in the case of undeclared earnings Calculating the net loss of earnings 13-week approach For claimants in steady work, the pre-accident net earnings are normally calculated by reference to the average earnings over the last three months or 13 weeks preceding the accident. The figures can be calculated from the claimant’s wage slips, although the claimant’s employer will generally provide the information. In the event of a dispute as to the level of pay, bank statements should be obtained as evidence
GLOSSARY
Past recollection recorded refers to a witness’s earlier written or recorded account of events, made when the matter was fresh in their mind, which is relied on when their present memory is incomplete or has faded. In practice, it arises when a witness cannot now recall the detail of an event, but can attest that a document or note was made or adopted by them at the time and was then accurate. That record may then be used in evidence, subject to the rules of admissibility. In England & Wales and Northern Ireland, such material is considered under hearsay and documentary evidence rules (for example, the Criminal Justice Act 2003 framework in England & Wales). In Scotland, it is addressed within the law of evidence on prior statements and hearsay. In Ireland, it is treated under the hearsay exceptions and documentary evidence provisions. Across all four jurisdictions, the concept is descriptive rather than a single statutory term, but is recognised in case law. Typical contexts include criminal trials, civil litigation, professional negligence, and regulatory proceedings where contemporaneous notes, logs or statements substitute for present oral memory.
GLOSSARY
Refers to service by a member before the current date.
GLOSSARY
Pension benefit that a member has earned for his past service.