Greenclose Ltd v National Westminster Bank plc – WLR Daily

Greenclose Ltd v National Westminster Bank plc: [2014] EWHC 1156 (Ch);   [2014] WLR (D)  173

‘The terms of section 12(a) of the International Swaps and Derivatives Association (“ISDA”) Master Agreement (Multi Currency-Cross Border Form) (1992 ed) were mandatory and any notice purportedly served pursuant to those provisions had to have been given by the means therein prescribed, and by reference to and in accordance with the contact information provided in part 4 of the schedule to the agreement, subject to any amendment properly notified pursuant to section 12(b). If the schedule did not provide certain information necessary for service by a prescribed method, the contract was to be construed as limiting the prescribed methods to those expressly permitted by the schedule unless and until the missing information was notified under section 12(b) or the contract was formally amended.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Comments Off

Don’t email in capital letters, court tells ‘insensitive’ father in custody dispute – Daily Telegraph

Posted April 15th, 2014 in contact orders, electronic mail, news, parental rights by tracey

‘An “insensitive” father banned by the courts from seeing his children has been warned by a judge not to type his emails to them in capitals – because it looks like he is shouting.’

Full story

Daily Telegraph, 14th April 2014

Source: www.telegraph.co.uk

Comments Off

Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others – WLR Daily

Posted April 14th, 2014 in data protection, EC law, electronic mail, law reports by sally

Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and others (Irish Human Rights Commission intervening); In re Kärntner Landesregierung and others (Joined Cases C-293/12 and C-594/12); [2014] WLR (D) 164

‘Parliament and Council Directive 2006/24/EC of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC was invalid.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

Comments Off

Plastic surgeon’s career in tatters after transsexual patient falsely claims he botched ear operation – Daily Telegraph

Posted March 12th, 2014 in compensation, cosmetic surgery, electronic mail, harassment, news by tracey

‘A plastic surgeon who brought liposuction to UK had his career almost ruined due to false claims by a transsexual who claimed he botched his ear operation. Dr Brian Mayou, founder of the Cadogan Clinic, 120 Sloane Street, Belgravia, became the target of a one-man campaign of abusive emails, calls, texts and online postings claiming he was a paedophile.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

Comments Off

Second bites at the cherry, defective witness statements and sanction: a practical view from the Bar – Littleton Chambers

‘In his monthly column, James Bickford Smith discusses the Court of Appeal’s recent guidance on communications with judges after draft judgments are circulated, some interesting judicial
observations on defective witness statements, and the Commercial Court’s important relief from
sanctions decision in Re C (A Child) [2014] EWCA Civ 70.’

Full story

Littleton Chambers, 7th March 2014

Source: www.littletonchambers.com

Comments Off

Ombudsman report into Joshua Titcombe death finds pain was inflicted by ‘inappropriate emails’ – The Independent

Posted February 28th, 2014 in birth, complaints, electronic mail, hospitals, midwives, news, ombudsmen by sally

‘“Inappropriate” emails sent by staff at an NHS trust caused offence and distress to a family who had already lost their baby because of avoidable lapses in his care, the health service ombudsman has said.’

Full story

The Independent, 27th February 2014

Source: www.independent.co.uk

Comments Off

Man jailed for phishing scam that targeted UK students to steal £1.5m – The Guardian

Posted December 16th, 2013 in conspiracy, electronic mail, fraud, internet, loans, money laundering, news, sentencing, theft by sally

‘A man has been jailed for nearly four years for his part in a phishing scam that targeted UK students to steal in excess of £1.5m.’

Full story

The Guardian, 14th December 2013

Source: www.guardian.co.uk

Comments Off

Mass Surveillance and Freedom of the Press: A Conversation with Glenn Greenwald – UCL

‘Last June, Glenn Greenwald broke the story of the mass surveillance government programs disclosed in the leaks by former NSA contractor Edward Snowden. In August Mr. Greenwald’s partner, David Miranda, was detained by police at Heathrow Airport for 9 hours under schedule 7 to the Terrorism Act 2000. Mr. Greenwald has continued to release and comment on similar leaks since then and recently announced his departure from the Guardian to launch a new journalism venture with eBay co-founder Pierre Omidyar.

Our moderator led a conversation with Mr. Greenwald via Skype on the range of legal and political questions raised by his recent efforts. These include the lack of safeguards on government surveillance programs, the individual’s right to privacy, the freedom of the press to publish such information and any alleged threats these exposures pose to national security.’

Video

UCL, November 2013

Source: www.ucl.ac.uk

Comments Off

Suspension ordered for ‘win at all costs’ Times solicitor – Law Society’s Gazette

‘The Times newspaper’s former legal director is to be suspended from practising for six months from 16 December after a Solicitors Disciplinary Tribunal hearing ruled that he had knowingly allowed a court to be misled through his “win at all costs” approach.’

Full story

Law Society’s Gazette, 6th December 2013

Source: www.lawgazette.co.uk

Comments Off

Ex-Times lawyer to face tribunal over claims he allowed court to be misled – The Guardian

‘The former legal manager of the Times newspaper is to appear before a tribunal this week over an allegation that he allowed a court to be misled over the unmasking of a detective writing the anonymous Nightjack blog.’

Full story

The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Comments Off

Watchdog demands GCHQ report on NSA’s UK data storage – The Guardian

‘The watchdog tasked with scrutinising the work of Britain’s intelligence agencies is to demand an urgent report from GCHQ about revelations that the phone, internet and email records of British citizens have been analysed and stored by America’s National Security Agency.’

Full story

The Guardian, 21st November 2013

Source: www.guardian.co.uk

Comments Off

Hacking trial: The story so far – BBC News

Posted November 18th, 2013 in conspiracy, electronic mail, interception, media, news, telecommunications by sally

The trial of former News of the World journalists accused of a conspiracy to hack mobile phones is now well under way at the Old Bailey.

Full story

BBC News, 16th November 2013

Source: www.bbc.co.uk

Comments Off

UK objects to attempt by Council of Europe to examine online spying – The Guardian

“Britain is delaying the publication of a declaration on internet freedom by the 47 members of Europe’s human rights watchdog after objecting to a probe into the gathering of ‘vast amounts of electronic data’ by intelligence agencies.”

Full story

The Guardian, 8th November 2013

Source: www.guardian.co.uk

Comments Off

SFO could snoop on communications to uncover evidence of corruption, says director – OUT-LAW.com

“The director of the Serious Fraud Office (SFO) has warned that the agency may use powers of surveillance to uncover evidence of corruption within corporates.”

Full story

OUT-LAW.com, 25th October 2013

Source: www.out-law.com

Comments Off

KNN Colburn LLP v GD City Holdings Ltd – WLR Daily

Posted October 8th, 2013 in electronic mail, law reports, time limits by sally

KNN Colburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (QB); [2013] WLR (D) 369

“A referral notice that was not accompanied by copies of relevant extracts from the contract and other such documents on which the referring party intended to rely was sufficient to start time running for the purposes of the time limit set out in paragraph 19(1) of the Scheme for Construction Contracts set out in the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998.”

WLR Daily, 2nd October 2013

Source: www.iclr.co.uk

Comments Off

UK’s surveillance laws need overhaul, says former defence secretary – The Guardian

“Laws used by Britain’s spy agencies to justify mass surveillance and interception techniques must be reviewed to ensure they have kept pace with ‘incredible changes’ in communications, one of the country’s foremost intelligence experts has said.”

Full story

The Guardian, 26th September 2013

Source: www.guardian.co.uk

Comments Off

Notification of PECR security breaches – Information Commissioner’s Office

Posted September 27th, 2013 in advertising, data protection, EC law, electronic mail, privacy, reports by tracey

“Privacy and Electronic Communications Regulations – guide”

Full guide

Information Commissioner’s Office, 26th September 2013

Source: www.ico.org.uk

Comments Off

Doctoral students: when does supervision become harassment? – Education Law Blog

Posted September 18th, 2013 in complaints, electronic mail, harassment, news, universities by sally

“The case of Saha v Imperial College of Science, Technology and Medicine [2013] EWHC 2438 (QB) concerned a £1.5m claim for harassment by a doctoral student against her supervisor Following a hearing that lasted 7 days, with the claimant acting in person, Hamblen J dismissed the claim in its entirety, summarising his conclusions at [160] as follows:

‘I find that a number of the alleged incidents are not proven, and those that are proved do not involve harassment. At most they involve treating Miss Saha in an abrupt, peremptory and at times vexed manner. They do not involve aggressive, bullying or threatening behaviour.’”

Full story

Education Law Blog, 18th September 2013

Source: www.education11kbw.com

Comments Off

Direct marketing via email to consumers requires ‘extremely clear and specific’ consent, says ICO – OUT-LAW.com

“Organisations need to obtain ‘extremely clear and specific’ consent from individuals in order to conduct direct marketing via email to them or through any other form of electronic marketing message, according to new guidelines.”

Full story

OUT-LAW.com, 10th September 2013

Source: www.out-law.com

Comments Off

Thousands of abusive electronic message cases reach court – BBC News

“More than 1,700 cases involving abusive messages sent online or via text message reached English and Welsh courts in 2012, the BBC has learned after a Freedom of Information request.”

Full story

BBC News, 30th July 2013

Source: www.bbc.co.uk

Comments Off