Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘The Court of Appeal (“the Court”) were asked to determine whether evidence obtained from the EncroChat application (“the EncroChat material”) can be admitted in evidence in criminal proceedings, or whether it is excluded by the Investigatory Powers Act 2016 (“the 2016 Act”).’

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5SAH, 25th March 2021

Source: www.5sah.co.uk

Legal challenge seeks to stop ministers sending disappearing messages – The Guardian

‘Ministers could be stopped from using self-destructing messages to conduct government business, following a legal challenge supported by an alliance of transparency campaigners and university archivists.’

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The Guardian, 29th March 2021

Source: www.theguardian.com

Patient safety watchdog launches investigation into NHS 111 advice to Covid patients – The Guardian

Posted March 25th, 2021 in bereavement, coronavirus, health, news, reports, telecommunications by sally

‘The NHS patient safety watchdog has launched an investigation into failings by the NHS 111 telephone advice service which may have cost the lives of people with Covid-19.’

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The Guardian, 25th March 2021

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted March 17th, 2021 in budgets, legislation, local government, telecommunications by tracey

Supply and Appropriation (Anticipation and Adjustments) Act 2021

Telecommunications Infrastructure (Leasehold Property) Act 2021

Non-Domestic Rating (Lists) Act 2021

Contingencies Fund Act 2021

Source: www.legislation.gov.uk

Police won’t be prosecuted over WhatsApp remarks about black actor – The Guardian

‘The Crown Prosecution Service has decided not to prosecute three police officers for allegedly racist remarks about a black British actor.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH

‘Alexandra Wilson provides an update on the latest Encrochat position following the judgment in A, B, D & C v Regina [2021] EWCA Crim 128.’

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5SAH, 18th February 2021

Source: www.5sah.co.uk

‘Very dangerous’ Plymouth man jailed for grooming girls on Snapchat – BBC News

Posted February 25th, 2021 in child abuse, internet, news, sentencing, sexual grooming, telecommunications by sally

‘A “very dangerous” man in his thirties who pretended to be 15-years-old to groom three young girls on social media, has been jailed.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

Court refuses former Met Police officer’s appeal against indecent image conviction – The Independent

‘A disgraced former police officer has had an appeal against an indecent image conviction refused.’

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The Independent, 18th February 2021

Source: www.independent.co.uk

Implants, Interception and the Admissibility of EncroChat Data – Broadway House Chambers

‘On 05 February 2021, the Court of Appeal judgment in the case of A & Others [2021] EWCA Crim 128 was published. The judgment effectively dismissed arguments to stop the use of data obtained from the EncroChat communications network in legal proceedings. Put simply, judges ruled that the data obtained by French and Dutch law enforcement by hacking EncroChat servers did not constitute “interception” and therefore did not contravene the statutory provisions as set out in the Investigatory Powers Act 2016.’

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Broadway House Chambers, 8th February 2021

Source: broadwayhouse.co.uk

Documents on CEO’s personal phone should be disclosed, court rules – OUT-LAW.com

‘The terms of a contractual agreement between a CEO and his company mean material held on a personal mobile phone should be disclosed in litigation the company is involved in, the High Court of England has ruled.’

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OUT-LAW.com, 8th February 2021

Source: www.pinsentmasons.com

EncroChat: UK drugs boss captured as police crack coded messages – BBC News

‘A drugs boss who ran a multi-million pound enterprise in the UK has been jailed after detectives hacked into his encrypted messaging accounts.’

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BBC News, 4th February 2021

Source: www.bbc.co.uk

Witnessing Wills During a Pandemic: “You’re on mute” – No. 5 Chambers

Posted January 22nd, 2021 in chambers articles, coronavirus, news, telecommunications, wills, witnesses by sally

‘The Wills Act 1837 (Electronic Communications) (Amendment)(Coronavirus) Order 2020 (SI 2020 No 952) means that it is now possible to witness a will via a video call. These temporary changes are much needed to allow those who want to make or update a will during the Covid-19 pandemic to do so safely and legally.’

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No. 5 Chambers, 21st January 2021

Source: www.no5.com

One day late acceptance of part 36 offer puts costs in play – Legal Futures

‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’

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Legal Futures, 21st January 2021

Source: www.litigationfutures.com

BT faces £600m lawsuit over ‘overcharging’ – BBC News

Posted January 19th, 2021 in compensation, consumer protection, elderly, news, telecommunications by sally

‘BT is facing a class action lawsuit over claims it failed to compensate elderly customers who were overcharged for landlines for years.’

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BBC News, 18th January 2021

Source: www.bbc.co.uk

Marketing company fined £250k for personal injury nuisance calls – Legal Futures

Posted December 17th, 2020 in fines, news, nuisance, personal injuries, telecommunications by tracey

‘The Information Commissioner’s Office (ICO) has fined a marketing company £250,000 for making over 365,000 nuisance calls asking people about accidents and pretending to be from their insurer.’

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Legal Futures, 17th December 2020

Source: www.legalfutures.co.uk

CA: Judge was wrong not to order all of part 36 enhanced awards – Litigation Futures

Posted November 18th, 2020 in appeals, costs, indemnities, interest, news, part 36 offers, telecommunications by sally

‘Making one of the four enhanced awards of beating a part 36 offer does not “in any way” undermine or lessen entitlement to the others, the Court of Appeal has ruled.’

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Litigation Futures, 18th November 2020

Source: www.litigationfutures.com

Cell Site Evidence: Expert or Not? – St Philips Barristers

Posted November 10th, 2020 in conspiracy, drug trafficking, evidence, expert witnesses, news, telecommunications by sally

‘In R v Andrew Turner [2020] EWCA Crim 1241 the Court of Appeal considered the issue of when a professional witness crosses the line and gives expert evidence, in the context of mobile telephone analysis. The appeal concerned a conspiracy to supply class A drugs, the prosecution relied on mobile telephone and surveillance evidence. The appellant was said to be a driving force behind the conspiracy and that various incriminating mobile telephone numbers could be attributed to him.’

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St Philips Barristers, 5th November 2020

Source: st-philips.com

UK mobile phone firms to be banned from selling locked handsets – The Guardian

Posted October 28th, 2020 in consumer protection, news, ombudsmen, sale of goods, telecommunications by sally

‘Mobile phone companies are to be banned from selling devices that are locked into specific networks to make it easier for customers to switch providers.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Individual privacy versus national security: where is the line? – Lamb Chambers

‘Oscar Davies discusses the recent Privacy International case and its wider implications, in which the CJEU held that UK law went too far in permitting “general and indiscriminate” access of bulk communications data to MI5, MI6 and GCHQ.’

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Lamb Chambers, October 2020

Source: www.lambchambers.co.uk

Ombudsman report finds council wrongly accused woman of using abusive language, stopped Care Act assessment – Local Government Lawyer

‘The Royal Borough of Greenwich has been told by the Local Government and Social Care Ombudsman that it need not compensate a woman it wrongly accused of using abusive language to a staff member.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk