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Information Law analysis: This case involved an appeal concerning whether pseudonymised data must always be treated as personal data under Regulation (EU) 2016/679, the General Data Protection Regulation (EU GDPR). The Court of Justice dismissed the appeal in part, providing guidance on three key issues: the status of pseudonymised data, the meaning of data ‘relating to’ an individual, and transparency obligations when disclosing data to third parties. The Court of Justice rejected the argument that pseudonymised data is inherently personal data in all circumstances. Where robust measures prevent a recipient from re-identifying individuals, and the reidentification risk is insignificant, the data may be anonymous for that recipient, even while remaining personal for the controller. The Court of Justice also held that controllers must disclose all data transfers to third parties in privacy notices, even where data becomes effectively anonymous in the third party’s hands. In addition, the Court of Justice confirmed that personal opinions inherently relate to the individual expressing them and therefore always constitute personal data. Written by Max Gross, associate at Bird & Bird.
Q&As
It is assumed that the property is in Wales. Property in England and Wales, when co-owned, is held on a trust of land. This means that the legal owners hold the property on trust for the beneficial owners, usually themselves. The legal ownership of property is always held as joint tenants, whereas the beneficial ownership can be as beneficial joint tenants or tenants in common. A joint tenancy passes on the death of one co-owner by operation of the doctrine of survivorship automatically without falling into the deceased’s Estate. A beneficial tenancy in common will pass by will or by virtue
Q&As
A buyer of land from trustees will not be affected by any of the trusts on which the land is held if the purchase price is paid to all the trustees (of whom there must be at least two) or to a trust corporation (note that a trust corporation is not the same as a corporate trustee, but has the special meaning assigned to it by section
Q&As
The court issue fee payable, the fixed solicitor’s costs that can be claimed and the value to determine whether to issue in the High Court or the County Court are all dependant on the value of the claim in sterling. The Civil Procedure Rules 1998 (CPR), SI 1998/3132 stipulate how a claim expressed in a foreign currency
Q&As
Where the landlord is obliged to proceed, and the offer notice was one relating to a sale by auction, the following procedure applies: • the nominated person may serve notice on the landlord not less than 28 days before the auction date electing that section 8B of the Landlord and Tenant Act 1987 (LTA 1987) shall apply
Q&As
Practice Note: How to handle data subject requests explains that you do not have to comply with a data subject access request if doing so means disclosing information about a third party who can be identified from that information, unless: • the third party has consented to the disclosure, or • it is reasonable to comply with the request without the consent of the third party information In determining whether it is reasonable to disclose the information without consent, you must take into account all of the relevant circumstances, including: • the type of information you would disclose • any duty of confidentiality you owe to the third party • any steps you have taken to seek consent from the third party • whether the third party is capable of giving consent, and • any express
Q&As
This Q&A focuses on registering a new lease granted for a term of more than seven years out of unregistered land. This situation is covered in section 4(1)(c) of the Land Registration Act 2002 and Land Registry Practice Guide 25 in paragraph 2.1: ‘Leases granted for a term of more than seven years from the date of the grant, out of either an unregistered freehold or leasehold estates, will be compulsorily registrable provided they are either: • for valuable or other consideration—that under section 4(6) of the Land Registration
Q&As
Charging order over land Where there are joint owners of property the land will always be held under a trust of land and the proprietors, as trustees, may also be the beneficiaries. A charging order against a beneficial interest under a trust of land can be protected only by the entry of a restriction due to the provisions of section 33(a)(i) of the Land Registration Act 2002 (LRA 2002). Much therefore depends on whether the interest to be charged is the sole legal interest, or the sole or joint beneficial interest, and this will have an impact upon the effect of the charging order with regard to any potential sale of the property. See Practice Note: Charging orders over land—registration issues under the heading Charging orders over land—registration issues—Protecting the order. See also HM Land Registry’s guidance in Practice Guide 19, which notes at 6.1 that: 'An
Q&As
CPR 40.6 deals with judgments and orders by consent. CPR 40.6(2) provides that a judgment or order by consent may be sealed by a court officer without reference to a judge where that judgment or order falls within the list at CPR 40.6(3). While CPR 40.6(3)(b) does refer to orders staying proceedings, this is specific to stays which have the effect of disposing of proceedings upon agreed terms (usually referred to as Tomlin Orders). Given
Q&As
The Data Protection Act 1998 (DPA 1998) has been repealed with the exception of some sections which amend other enactments. As noted, DPA 1998, s 35 stated: ‘35 Disclosures required by law or made in connection with legal proceedings etc (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court. (2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary— (a) for the purpose of, or in connection
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The timetable for preparation and filing of documents for appeals, including skeleton arguments, are set out in CPR PD 52C. The directions within CPR PD 52C are very prescriptive and address the means and timings for the filing and service of documents. CPR PD 52C includes a two-part timetable for the steps to be taken by parties in an appeal. The first part addresses the period from the listing window notification to lodging bundles, and the second addresses the steps to be taken once the hearing date for the appeal has been fixed. This Q&A refers to a ‘supplemental’ skeleton argument, but it is important to note the differences between a replacement skeleton