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NEWS
This week’s edition of Private Client highlights includes: (1) HMCTS has reported to the Probate Professional User Group on progress made in 2024; (2) Derbyshire CC v Grundy, in which the Court of Protection committed an individual to prison for contempt of court for breaching an injunctive order; (3) HMRC’s updates to guidance on making tax digital for income tax; (4) Ashley v HMRC, in which the High Court considered subject access rights under UK GDPR in the context of a tax enquiry; (5) White v Williams, which held that the disclaimer of a residuary legacy constituted a failure of the legacy and therefore accrued to the other shares; and (6) R (on the application of Cobalt Data Centre 2 LLP) v Revenue and Customs Commissioners, in which the Supreme Court considered the legal principles relating to the variation and rescission of contracts.
NEWS
This week's edition of Financial Services weekly highlights includes: OFSI, FCA and other UK bodies announce clamp down on abuse of cryptoassets; EBA’s Pillar 3 data hub goes live; plus dates for your diary.
NEWS
This week's edition of Arbitration weekly highlights includes coverage of arbitration-related decisions from England and Wales, Canada, Australia and Russia, updates from ICC, CMAC, SCCA, ICSID, and the UK Civil Justice Council, as well as analysis of the EU's 20th sanctions package introducing an EU-wide antisuit injunction mechanism. All this, and more in our weekly highlights.
PRACTICE NOTES
In the context of arbitration proceedings, this Practice Note introduces: • the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime which is applicable in the EEA and was formerly applicable under UK law until the end of the Brexit implementation period (11 pm UK time on 31 December 2020), and • the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (the UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period) Where there is no need to distinguish the two regimes, this Practice Note refers to both as the ‘GDPR’ for convenience. When considering the general processing of personal data, both the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be read together as both sets of provisions directly apply. Practitioners will find it most helpful to take the UK GDPR as their starting point and then consider the specific supplementary provisions of the DPA 2018. This Practice Note considers the UK and EU GDPR regimes, the
PRACTICE NOTES
This Practice Note provides a summary of the UK GDPR regime. For a higher-level introduction to UK data protection laws, see Practice Note: Data protection law—new starter guide. The UK data protection law collection collates further key guidance on this regime and is a recommended starting point for research. For information on the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), see Practice Note: The EU’s General Data Protection Regulation (EU GDPR). This Practice Note covers: • key legislation • material scope • territorial scope • key concepts • data protection principles • lawful basis for processing • processing special categories of personal data • processing of criminal conviction and offence data • data subject rights • accountability and governance • security • personal data breaches • international transfers of personal data • exemptions • the Information Commission • data protection fees • enforcement of the UK GDPR regime • criminal offences The processing of personal data by competent authorities for law enforcement purposes or by
GLOSSARY
Persons satisfying case law tests for employee status qualify for the broadest scope of employment protections. Statutory definitions of employee vary. The Employment Rights Act 1996 defines employee as an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.
GLOSSARY
means a clause included in a commercial property or land sale contract providing an additional payment to be paid by the buying party to the selling party after the sale has been completed if the buying party has failed to meet its Net Zero Objectives.
GLOSSARY
The bills of quantities list out the items of work, labour and materials required to complete the works. The bill is normally prepared by a quantity surveyor in accordance with a standard method of measurement, and priced by the contractor as part of the tender process. It will usually form part of the contract documents.
GLOSSARY
Arbitration that arises out of commercial transactions (eg an international contract for the goods'>sale of goods or a construction project), usually between private parties, but sometimes involving states or state-owned entities. Commercial arbitration may be contrasted with investment treaty arbitration and sports arbitration.
GLOSSARY
The whole of the work to be executed by the contractor—this can include design obligations, variations and temporary works. This is normally defined in the contract (for example, in JCT contracts, it is set out in the First Recital) and sets out the scope of what the contractor has to do.
GLOSSARY
A type of cost reimbursable contract under which the contractor is paid the costs it incurs in carrying out the works, ie labour and materials (including those from sub-contractors), plus a management fee on top to cover its overheads and profit.
GLOSSARY
A tax-free lump sum paid to a member of a registered pension scheme (who is aged under 75) in connection with an arising entitlement to a pension benefit (other than a short-term annuity contract), and which meets the conditions detailed in the Finance Act 2004, Sch 29, paras 1-3.