Lessons learnt: Handling a vexatious complaint – Local Government Lawyer

Posted September 28th, 2023 in complaints, education, electronic mail, families, news by tracey

‘Victoria Hatton provides a case study on how a school dealt with a vexatious complaint by a parent.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Cassandra Somers-Joce: Government by WhatsApp: Where are we now? – UK Constitutional Law Association

‘A new Cabinet Office policy has recently been published which provides guidance on the use of instant messaging technologies, such as WhatsApp, by government officials. The policy discourages the use of non-corporate communications channels (“NCCCs”), particularly when these platforms are accessed on personal devices. The new policy is a welcome development in the regulation of “government by WhatsApp,” and demonstrates better practice with respect to the public law duties which are applicable in this context, namely, the Public Records Act 1958, the Freedom of Information Act 2000 and the common law duty of candour.’

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UK Constitutional Law Association, 22nd April 2023

Source: ukconstitutionallaw.org

Without prejudice privilege – guidance from the Privy Council – Practical Law: Construction Blog

‘I advise many clients involved in construction projects who are on the cusp of a dispute. While they take legal advice on the merits of their position, my clients usually continue to seek to reach an amicable solution with their counterparty through direct negotiation as well as continuing to liaise on a day to day basis to get the job finished. In this context, my clients regularly ask, “Should my email be without prejudice?”. Although the law in this area is relatively settled, the question continues to throw up difficulties. I have been involved with several cases where one party has attempted to put material before a judge or adjudicator that the other side says is inadmissible because it was made without prejudice. The recent Privy Council case of A&A v Petroleum Co of Trinidad & Tobago sheds some light on this perennial problem.’

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Practical Law: Construction Blog, 7th February 2023

Source: constructionblog.practicallaw.com

CoA shows mercy over judgment embargo breach – Law Society’s Gazette

Posted January 31st, 2023 in contempt of court, electronic mail, judgments, news, solicitors by tracey

‘Three Court of Appeal judges have shown mercy towards an in-house lawyer in the US who has admitted emailing the outcome of a London judgment to his US legal team in breach of an embargo.’

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Law Society’s Gazette, 30th January 2023

Source: www.lawgazette.co.uk

Dispositions of equitable interests in the digital age: Hudson v Hathway – Tanfield Chambers

‘Mattie Green discusses Hudson v Hathway [2022] EWCA Civ 1648, focusing mainly on the application of section 53 of the Law of Property Act 1925.’

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Tanfield Chambers, 16th January 2023

Source: www.tanfieldchambers.co.uk

Hudson v Hathway [2022] EWCA Civ 1648 – Falcon Chambers

‘The Court of Appeal allowed the appeal, holding that a party claiming a subsequent increase in their equitable share as a result of a post-acquisition changed common intention must show detrimental reliance on the changed common intention. In this case there had been sufficient detrimental reliance.’

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Falcon Chambers, 22nd December 2022

Source: www.falcon-chambers.com

The Return of Detrimental Reliance – Case Note: Hudson v Hathway [2022] EWCA Civ 1648 – Guildhall

‘The ever-troublesome common intention constructive trust (“CICT”) has been back before the Court of Appeal. Hudson v Hathway is a second appeal, from Kerr J. The first appeal was from HHJ Ralton in the County Court at Bristol.’

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Guildhall Chambers, 22nd November 2022

Source: www.guildhallchambers.co.uk

UK court ruling highlights privilege and disclosure issues relating to emails in corporate IT systems – OUT-LAW.com

Posted December 15th, 2022 in confidentiality, disclosure, electronic mail, news, privacy, privilege by tracey

‘A recent decision by the England and Wales High Court, refusing to grant a declaration that company officers could not assert privilege in respect of emails stored in a corporate email system, provides useful lessons to businesses on legal professional privilege and disclosure, according to a legal expert.’

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OUT-LAW.com, 14th December 2022

Source: www.pinsentmasons.com

Court of Appeal rules against EasyJet again on flight delay claims – Legal Futures

Posted November 28th, 2022 in airlines, appeals, compensation, delay, electronic mail, news by tracey

‘EasyJet’s latest effort to cut out solicitors from flight delay claims has failed, after the Court of Appeal found shortcomings in its automated system.’

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Legal Futures, 28th November 2022

Source: www.legalfutures.co.uk

Football fan guilty of abusing England boss Southgate in email – BBC News

Posted November 22nd, 2022 in Crown Prosecution Service, electronic mail, news, racism, sport by sally

‘A man has been found guilty of sending racist messages to England football manager Gareth Southgate.’

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BBC News, 21st November 2022

Source: www.bbc.co.uk

Electronic disclosure in England and Wales – OUT-LAW.com

Posted October 5th, 2022 in disclosure, electronic mail, news, telecommunications by sally

‘Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.’

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OUT-LAW.com, 4th October 2022

Source: www.pinsentmasons.com

Top human rights barrister highlights Chinese cyber-attacks on her and others – Legal Futures

‘One of the country’s leading human rights barristers has complained about Twitter accounts and emails purporting to be from her and other human rights defenders that spring up when they criticise China.’

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Legal Futures, 26th September 2022

Source: www.legalfutures.co.uk

Data watchdog reprimands government over pandemic WhatsApp use – BBC News

‘The Department of Health has been reprimanded over ministers’ and officials’ use of messaging apps and private email during the pandemic.’

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BBC News, 11th July 2022

Source: www.bbc.co.uk

Judge terminates appointment of guardian who criticised solicitor – Legal Futures

Posted March 23rd, 2022 in children, electronic mail, guardianship, law firms, news, solicitors by sally

‘A circuit judge has terminated the appointment of the guardian of a young child in care proceedings after he criticised the father’s solicitor in a letter to the law firm’s head of department.’

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Legal Futures, 23rd March 2022

Source: www.legalfutures.co.uk

Virgin Media fined £50,000 for sending marketing emails without consent – The Independent

Posted December 9th, 2021 in advertising, consent, electronic mail, fines, news by michael

‘Virgin Media has been fined £50,000 for sending marketing emails to customers who had not consented to receiving them, the Information Commissioner’s Office (ICO) said.’

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The Independent, 8th December 2021

Source: www.independent.co.uk

Review or repetition? – Nearly Legal

Posted November 12th, 2021 in electronic mail, homelessness, housing, judicial review, London, news by tracey

‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’

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Nearly Legal, 11th November 2021

Source: nearlylegal.co.uk

Man spared jail for threatening Labour deputy leader Angela Rayner after Sir David Amess murder – The Independent

‘A man has been spared jail after sending a threatening email telling deputy Labour leader Angela Rayner she should “watch her back” after he found her address online.’

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The Independent, 28th October 2021

Source: www.independent.co.uk

High Court upholds reprimand issued by education regulator to teacher who sent obscene response to job rejection email – Local Government Lawyer

Posted October 21st, 2021 in appeals, complaints, electronic mail, news, professional conduct, teachers, Wales by sally

‘An interviewee who received a reprimand from an education regulator after he responded to a rejection email with an expletive has lost a High Court appeal of the decision.’

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Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Court throws out claim over law firm’s “trivial” data breach – Legal Futures

‘The High Court has imposed indemnity costs on a family that claimed damages for distress after a law firm accidentally sent an email about outstanding school fees to the wrong person.’

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Legal Futures, 21st October 2021

Source: www.legalfutures.co.uk

‘Obsessed’ doctor jailed after spinning web of lies to sabotage flatmate’s relationships – The Independent

‘A jealous doctor has been jailed after orchestrating a fake campaign of abuse as part of a web of lies to sabotage his flatmate’s relationships.’

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The Independent, 18th October 2021

Source: www.independent.co.uk