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.’

Full Story

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.’

Full Story

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

Appeal court confirms ‘dominant purpose’ test for legal advice privilege – OUT-LAW.com

‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’

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OUT-LAW.com, 4th February 2020

Source: www.pinsentmasons.com

Important New Court of Appeal Decision on Legal Advice Privilege – Littleton Chambers

Posted February 4th, 2020 in disclosure, electronic mail, legal services, news, privilege by sally

‘The Court of Appeal decision on 28 January 2020 on legal advice privilege will be of significant interest to litigators and non-litigators alike. It will be particularly important for those responsible for disclosure reviews within litigation, and to organisations with in-house lawyers. Such was the significance of the issues at play that the Law Society sought, and was granted, leave to intervene in the appeal.’

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Littleton Chambers, 29th January 2020

Source: www.littletonchambers.com

UK court allows Saudi dissident to sue kingdom over alleged hacking – The Guardian

‘The high court has given a green light to a lawsuit against Saudi Arabia that has been brought by a prominent dissident living in London who has claimed he was the victim of a sophisticated hacking campaign by the kingdom.’

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The Guardian, 23rd January 2020

Source: www.theguardian.com

Solicitors’ group tip-off leads to activist’s conviction – Legal Futures

‘A campaigner who used her email address as a committee member of the Solicitors International Human Rights Group (SIHRG) to conduct unlawful immigration law work was convicted this week.’

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Legal Futures, 15th January 2020

Source: www.legalfutures.co.uk

Court wellbeing protocol targets ‘last minute’ culture – Legal Futures

Posted January 14th, 2020 in electronic mail, family courts, news, working time by sally

‘Birmingham Family Court will today introduce a wellbeing protocol which aims to end a ‘last minute’ work culture that increases stress on practitioners outside of work hours.’

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Legal Futures, 14th January 2020

Source: www.legalfutures.co.uk

Service of a Claim Form – What Mediums Can I Use? – Becket Chambers

Posted November 20th, 2019 in electronic filing, electronic mail, news, service, telecommunications by sally

‘This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology.’

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Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

The law on email signatures moves forward – OUT-LAW.com

Posted November 14th, 2019 in electronic mail, Law Commission, news by tracey

‘Electronic signatures automatically generated at the bottom of emails can bind businesses to contracts. Though the law remains subject to change, a recent court ruling and separate report by the Law Commission in England and Wales highlight how emails are no longer as informal as they used to be.’

Full Story

OUT-LAW.com, 14th November 2019

Source: www.pinsentmasons.com