Are you being served (electronically)? Email service under the CPR and the Party Wall Act 1996 – Practical Law: Construction Blog

Posted March 15th, 2018 in boundaries, civil procedure rules, electronic mail, news, service, surveyors by tracey

‘Two recent cases, one in the Court of Appeal, the other in the Supreme Court, have created significant uncertainty around the acceptability of email service. It seems that there may now be a disparity between the CPR and the Party Wall Act 1996, despite the similarities in the wording of the relevant provisions for the two regimes.’

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Practical Law: Construction Blog, 14th March 2018

Source: constructionblog.practicallaw.com

Judge orders husband in bitter divorce case to stop emailing wife’s solicitor – Legal Futures

Posted March 15th, 2018 in divorce, electronic mail, harassment, news, restraining orders, solicitors by tracey

‘A High Court judge has issued a restraining order to stop a man in a long-running divorce case from contacting his former wife’s solicitor on her private email address.’

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Legal Futures, 14th March 2018

Source: www.legalfutures.co.uk

Information Commissioner upholds MoJ refusal to disclose Leigh Day emails – Legal Futures

Posted March 6th, 2018 in costs, data protection, disclosure, documents, electronic mail, law firms, news by sally

‘Disclosing documents relating to disciplinary proceedings against Leigh Day for its handling of Iraq war claims would involve a manual search of 5,000 documents and cost over £10,000, the Ministry of Justice (MoJ) has argued.’

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Legal Futures, 6th March 2018

Source: www.legalfutures.co.uk

Breaking: Supreme Court rules against treating LiP as a special case – Law Society’s Gazette

‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’

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Law Society's Gazette, 21st February 2018

Source: www.lawgazette.co.uk

Dangers of using email to serve arbitration (or adjudication) notices – Practical Law: Construction Blog

Posted January 12th, 2018 in arbitration, electronic mail, news, service, setting aside by tracey

‘This week I’m discussing Glencore Agriculture BV v Conqueror Holdings Ltd, which is a case arising out of a voyage charterparty for the transportation of corn from the Ukraine to Egypt.’

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Practical Law: Construction Blog, 9th January 2018

Source: constructionblog.practicallaw.com

Arbitration notices: are you being served? – Hardwicke Chambers

Posted December 8th, 2017 in arbitration, electronic mail, news, notification, service by sally

‘In the majority of, if not all cases, a notice of arbitration will be preceded by negotiation or correspondence between employees or agents of the parties. The trap for the unwary, as illustrated by the recent decisions in Sino Channel Asia Limited v Dana Shipping and Trading Pte and Glencore Agriculture BV v Conqueror Holdings Ltd, is that serving the notice of arbitration on the person whom the serving party has previously dealt with may not be effective service at all.’

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Hardwicke Chambers, 1st December 2017

Source: www.hardwicke.co.uk

Court throws out arbitration award over email error – Law Society’s Gazette

Posted November 22nd, 2017 in arbitration, documents, electronic mail, news, service, setting aside by sally

‘The High Court has set aside a final arbitration award because it was emailed to someone without authority to receive it.’

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Law Society's Gazette, 21st November 2017

Source: www.lawgazette.co.uk

Defendant granted relief even though its solicitor lied about breach – Litigation Futures

‘A circuit judge has narrowly decided to grant relief from sanctions in a case where the defendant solicitor lied that documents had been sent in time when they had not.’

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Litigation Futures, 13th November 2017

Source: www.litigationfutures.com

Employer had no property claim in its emails or their contents: (1) Capita Plc, (2) Capita Property & Infrastructure Ltd v Darch & Others – Blackstone Chambers

Posted October 20th, 2017 in disclosure, electronic mail, employment, human rights, news, privacy by sally

‘The High Court held that an employer did not have a claim to property in emails or the contents of emails (not limited to those concerning business matters) that were sent by employees from the employer’s email accounts.’

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Blackstone Chambers, 4th October 2017

Source: www.employeecompetition.com

University of East Anglia not punished over data breach – BBC News

Posted October 13th, 2017 in data protection, electronic mail, news, universities by tracey

‘A university that mistakenly emailed sensitive personal information about students to hundreds of undergraduates will face no further action.’

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BBC News, 13th October 2017

Source: www.bbc.co.uk

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Court continues freezing order after suspected email fraud – OUT-LAW.com

Posted September 4th, 2017 in electronic mail, fraud, freezing injunctions, news by sally

‘An individual has successfully applied for continuation of a freezing order, after being able to show that there was a real risk that money held in another’s account would be dissipated if the order was not continued.’

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OUT-LAW.com, 1st September 2017

Source: www.out-law.com

Pension cold-calling ban to include texts and emails – BBC News

Posted August 21st, 2017 in bills, electronic mail, fraud, news, pensions, telecommunications by sally

‘A forthcoming ban on cold-callers who try to scam people out of their pension savings will include emails and texts, the government has announced.’

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BBC News, 20th August 2017

Source: www.bbc.co.uk

Cybercrime against law firms higher than ever, SRA says – Legal Futures

Posted July 26th, 2017 in computer crime, electronic mail, law firms, news, statistics by sally

‘Reports of cybercrime from law firms reached record levels in the first quarter of this year, the Solicitors Regulation Authority (SRA) has said.’

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Legal Futures, 26th July 2017

Source: www.legalfutures.co.uk

Ministers ‘undermined law’ over Iraq war crimes allegations – The Guardian

‘The government has been accused of undermining the rule of law by putting pressure on an independent regulator in its action against a legal firm pursuing claims of human rights abuses involving British troops in Iraq.’

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The Guardian, 22nd July 2017

Source: www.theguardian.com

Wonder of mobile internet means I can deal with cases on the move, top family court judge says – Daily Telegraph

Posted July 19th, 2017 in adoption, appeals, electronic mail, family courts, internet, judges, news by sally

‘England’s most senior family court judge has told how he kept up to speed with a case via the internet while travelling home for a Bank Holiday weekend on a train.’

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Daily Telegraph, 18th July 2017

Source: www.telegraph.co.uk

EU judges may be asked to rule on legality of UK surveillance powers – The Guardian

‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

Flybe fined for sending 3.3 million unwanted emails – BBC News

Posted March 30th, 2017 in advertising, airlines, consent, data protection, electronic mail, fines, news by tracey

‘The airline Flybe has been fined £70,000 for sending more than 3.3 million marketing emails to people who had opted out of receiving them.’

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BBC News, 29th March 2017

Source: www.bbc.co.uk

Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

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The Guardian, 28th March 2017

Source: www.guardian.co.uk

Legal professional privilege can protect businesses that fall victim to cyber attacks, say experts – OUT-LAW.com

Posted February 21st, 2017 in computer crime, computer programs, disclosure, electronic mail, news, privilege by sally

‘Businesses risk the disclosure of damaging IT forensics reports if they fail to take advantage of legal professional privilege in light of a cyber attack.’

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OUT-LAW.com, 17th February 2017

Source: www.out-law.com