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Q&As
This Q&A is intended for commercial private-sector organisations in the UK. It provides guidance on whether you can record and share an online meeting, event or lesson hosted by your business in accordance with UK General Data Protection Regulation (GDPR), Assimilated Regulation (EU) 2016/679. It also explains the potentially lawful grounds for recording a meeting under the GDPR, what you need to do before recording, and whether you can post the recording online. What are the data protection obligations for recording? When you record video meetings, you are collecting personal data. Your organisation will be the data controller for the data collected in the recording, so you must comply with Article 5 of the GDPR by: • processing the data lawfully, fairly and in a transparent manner • collecting the data for a specified legitimate purpose only • limiting data collection to what is necessary for the purposes of processing • keeping the data for no longer than necessary • having appropriate security
Q&As
This Q&A raises three main issues: • your professional obligations under the SRA Principles and Code of Conduct • your duties to the court and the potential exposure to a finding of contempt of court • compliance with the Civil Procedure Rules (CPR) Our starting point is this: even if it is not your client’s intention, it must be assumed that making a contingency payment to a witness could influence the nature of their evidence. This is doubtless why, as a solicitor, you are not permitted to make or offer to make payments to a witness dependent on their evidence or the outcome of the case (SRA Code, Outcome 5.8). Professional obligations under the SRA Principles and Code of Conduct You have an overriding duty to: • uphold the rule of law
CHECKLISTS
This Checklist outlines the key questions practitioners need to consider when dealing with a client subject to a request for extradition. For a step by step guide to the procedure under EA 2003, see Practice Note: Extradition—arrest and initial procedure as well as Extradition from the UK (cat 1 request)—checklist and Extradition from the UK (cat 2 request)—checklist. This Checklist should be read in conjunction with Practice Note: Extradition and the statutory framework—an introductory guide which explains both the framework for extradition in the UK as well as the impact Brexit had on extradition between the UK and EU member states. Principles determining extradition under the Extradition Act 2003 The preliminary questions to consider in respect of a client subject to a request for extradition are: • does your client fall into Category 1—is this an arrest warrant issued under the Trade and Cooperation Agreement 2020 (TCA 2020) or a European Arrest Warrant (EAW) issued prior to IP completion day? See Practice Note: Extradition and the statutory framework—an introductory guide) • does your
Q&As
Is there a force majeure event? In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force majeure clause’ is used to describe a contractual term which provides that, on the happening of a specified event or event beyond the parties’ control, one (or both) of the parties: • is entitled to cancel the contract (or it may be cancelled automatically) • is excused from performance of the contract, in whole or in part • is entitled to suspend performance or to claim an extension of time for performance Whether or not a force majeure clause will assist in suspending performance obligations under a contract or give rise to a right to terminate a contract will be subject to the particular drafting of the clause and the general principles of contractual interpretation should be applied. See Practice Notes: Contract interpretation—the guiding principles and Contract interpretation—rules of contract interpretation. It will be necessary to check to see if the definition
Q&As
This Q&A is intended for commercial private-sector organisations in the UK. It provides guidance on whether you can appoint more than one data protection officer (DPO) under the UK General Data Protection Regulation (UK GDPR), Assimilated Regulation (EU) 2016/679. It also explains whether you can appoint a deputy DPO and other members of staff to assist the DPO in undertaking their tasks. What is a DPO? A DPO is an individual appointed by an organisation to advise on its obligations under data protection laws, monitor compliance and carry out other regulatory functions. The DPO’s official duties are to: • inform and advise your organisation and employees on your data protection obligations • monitor compliance with data protection laws and internal policies • advise on data protection impact assessments (DPIAs) • act as a contact point for data subjects and the supervisory authority For more information, see Practice Note: Data protection officer—Tasks of the DPO under UK GDPR. Despite the list of tasks allocated to the DPO, it’s not
Q&As
According to the principle of net neutrality, use of the internet should be kept free from any sort of discrimination, therefore providing equal opportunities of access to any user. The term belongs to a group of principles related to the freedom of use of the internet and is included in the general idea of the ‘open internet’, being the idea that the full resources of the internet and means to operate on it should be easily accessible to all individuals, companies and organisations. The inclusion of the principle within European legislation is mainly a response to certain discriminatory practices
Q&As
This Q&A does not consider any potential nuisance claims which might arise in connection with train noise or vibration. Instead, it focuses on any schemes which exist which would compel a train operating company or network rail to purchase property affected by railway works, and compensation which could be claimed. Where part of the land has been compulsorily acquired in connection with a scheme for railway works, and the remainder of the land is as a consequence
Q&As
There are two legal frameworks applying to the registration of common land in England and Wales. The majority of England and all of Wales are governed by the provisions of the Commons Registration Act 1965 (CRA 1965), while nine pioneer authorities are governed by the provisions of the Commons Act 2006. For further information regarding rights of common and details of the pioneer areas, see Practice Note: Creation and registration of common land. In
Q&As
The Countryside and Rights of Way Act 2000 (CRWA 2000) was introduced to make provision for public access to the countryside, amongst other things. CRWA 2000, s 1(1) defines as ‘access land’ any land which is shown as open country on a map in conclusive form issued for the purposes of CRWA 2000; which is shown in such map as registered common land or is otherwise registered common land; and other specified types of land. By CRWA 2000, s 2, any person is entitled to enter and remain on access land for the purposes of open-air
Q&As
Territorial proceedings Before IP completion day, Regulation (EU) 2015/848 (OJ L141/19), Recast Regulation on Insolvency (the EU Recast Regulation on Insolvency) applied in the UK to main proceedings, secondary proceedings and territorial proceedings (see Practice Note: Recast Regulation on Insolvency as between Member States—main, secondary and territorial proceedings). Territorial proceedings were defined as where the debtor has an establishment, but main proceedings have not yet been commenced elsewhere (see Article 3(4) of the EU Recast Regulation on Insolvency) (ie a kind of precursor to secondary proceedings). If main proceedings were later commenced, they were automatically converted to secondary proceedings and the office-holder in the main proceedings could request the proceedings be converted to liquidation proceedings. If main proceedings did not follow, the proceedings continued as territorial proceedings (Virgos-Schmit report, paras 31, 38, 86), which are limited to the assets in that Member State. Territorial proceedings could only be opened if (see Articles 3(4)(a)–(b) of the EU Recast Regulation on Insolvency): • main proceedings cannot be opened where
Q&As
The general definition of ‘director’ is not exhaustive. The Companies Act 2006 (CA 2006) provides that the term director includes any person occupying the position of director, by whatever name called. Thus it includes both executive and non-executive directors (NEDs). NEDs generally: • have no executive authority • play a critical part in the corporate governance of the company, and • are not employees of the company For
Q&As
Case study Where a multi-party claim has been stayed by means of a Tomlin Order with confidential settlement schedule which includes the claimant releasing claims against a non-party (A) (who is aware of but not party to the confidential settlement). In answering this Q&A, we have limited our research to cover the effect of settlement agreements in relation to non-parties. We assume you are referring to a settlement agreement set out in a confidential schedule to a Tomlin Order and in conducting our research we have focussed on when a non-party can rely on a confidential settlement agreement. Settlement agreements If you are looking to settle a dispute it is important to consider the most appropriate method to effect a settlement. You can either do this through conducting settlement negotiations with the other side or you can consider making a formal settlement offer. If the settlement relates to