Court draws adverse inferences from “deliberate destruction” of emails – Litigation Futures

Posted February 23rd, 2021 in electronic mail, estoppel, evidence, film industry, guarantees, news by tracey

‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’

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Litigation Futures, 23rfd February 2021

Source: www.litigationfutures.com

Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette

‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’

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Law Society's Gazette, 21st January 2021

Source: www.lawgazette.co.uk

Email attachments are not privileged just because message is – Legal Futures

Posted January 21st, 2021 in appeals, disclosure, electronic mail, news, privilege, Supreme Court by sally

‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Man sentenced for sending malicious email after Bristol statue toppled – Crown Prosecution Service

‘A 72-year-old man from Merseyside has been sentenced for sending abusive messages to the Mayor of Bristol after protestors removed the statue of Edward Colston in the city in June last year.’

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Crown Prosecution Service, 13th January 2021

Source: www.cps.gov.uk

PayPal ‘reward’ email rapped for misleading – BBC News

Posted December 9th, 2020 in advertising, consumer protection, electronic mail, news by sally

‘An email sent by payment giant PayPal which promised customers a reward of £10 for using their account did not make it clear enough that not everyone would receive it, the Advertising Standards Authority (ASA) has ruled.’

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BBC News, 9th December 2020

Source: www.bbc.co.uk

Data protection challenges of remote working – Local Government Lawyer

‘Samantha Smith looks at how organisations can handle the data protection challenges of remote working.’

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Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

Westergate primary school snooping-accused teacher cleared – BBC News

Posted September 30th, 2020 in computer crime, electronic mail, employment, holidays, news, privacy, teachers by sally

‘A teacher who spoke out about alleged “overgrading” of pupils’ work has been cleared of snooping on her colleagues’ emails.’

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BBC News, 29th September 2020

Source: www.bbc.co.uk

Greater protections for victims of online abuse proposed by Law Commission – Law Commission

‘The Law Commission has today published proposals to better protect victims from harmful online behaviour including abusive messages or emails, cyberflashing, and pile-on harassment. Reforms to tackle the malicious sharing of information known to be false have also been proposed.’

Full press release

Law Commission, 11th September 2020

Source: www.lawcom.gov.uk

Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

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Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk

MP Liz Saville-Roberts: Man jailed for sending threatening email – BBC News

‘A 66-year-old man who sent a threatening email to Plaid Cymru MP Liz Saville-Roberts has been jailed.’

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BBC News, 23rd June 2020

Source: www.bbc.co.uk

Termination of a Code Agreement by Operators – Falcon Chambers

‘In this article we intend to examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an ended at the specified break date without any ongoing continuation of the operator’s contractual liability. We shall also consider the issue of renewal following termination.’

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Falcon Chambers, June 2020

Source: www.falcon-chambers.com

Firm that missed email and released funds given all-clear by High Court – Tanfield Chambers

Posted April 16th, 2020 in appeals, breach of trust, electronic mail, law firms, news, solicitors by sally

‘Proceedings against a law firm which overlooked instructions sent to its ‘contact us’ email address and subsequently released £377,000 from its client account have been dismissed by the High Court.’

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Tanfield Chambers, 15th April 2020

Source: www.tanfieldchambers.co.uk

APIL and FOIL issue guidance on Covid-19 co-operation – Litigation Futures

Posted April 2nd, 2020 in budgets, claims management, coronavirus, costs, electronic mail, law firms, news by sally

‘Personal injury firms should temporarily agree to accept service by email and freeze limitation periods, according to guidance issued to claimant and defendant lawyers today on the conduct of claims during the Covid-19 crisis.’

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Litigation Futures, 1st April 2020

Source: www.litigationfutures.com

Expert Evidence: A Cautionary Tale – Exchange Chambers

‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’

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Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Check your Email Signatures! – Falcon Chambers

‘As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails between their solicitors. Viewed in the wider context of the earlier authorities, and a recent Law Commission report, the decision encourages practitioners to consider how formality requirements in property transactions—and more generally—are now operating in an increasingly digital world.’

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Falcon Chambers, 13th March 2020

Source: www.falcon-chambers.com

Email blocked by tribunal’s firewall not validly served – Litigation Futures

Posted March 12th, 2020 in appeals, electronic filing, electronic mail, news, service by tracey

‘An email blocked by a firewall at the First-tier Tribunal (FTT) did not constitute valid service of an appeal, a judge has ruled.’

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Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

BT account scammers jailed for £358k fraud – BBC News

Posted February 20th, 2020 in computer crime, conspiracy, electronic mail, fraud, news, sentencing by sally

‘Scammers who infiltrated BT customer accounts as part of a “sophisticated” £358,000 fraud have been jailed.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

Solicitor faked email to cover inaction – Legal Futures

‘A solicitor claiming to have become overwhelmed by pressure of work has been struck off after dishonestly misleading clients that she had made court applications.’

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Legal Futures, 14th February 2020

Source: www.legalfutures.co.uk

Beware the exchange of emails – another example of a contract being agreed by mistake – Technology Law Update

Posted February 11th, 2020 in contracts, electronic mail, news by sally

‘Emails might be seen as informal, but they are just as capable of creating binding agreements as good old-fashioned pen and paper. The Business and Property Court recently reminded us of this in Athena Brands v Superdrug.’

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Technology Law Update, 10th February 2020

Source: www.technology-law-blog.co.uk

Court of Appeal adopts dominant purpose test – Henderson Chambers

‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’

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Henderson Chambers, 30th January 2020

Source: www.hendersonchambers.co.uk