Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Are recorded conversations between lay people legal and can they be used in legal proceedings?

Are recorded conversations between lay people legal and can they be used in legal proceedings?

Are recorded conversations between lay people legal and can they be used in legal proceedings?The law relating to the recording of conversations...

What are the differences between joint controllers and controllers in common under the GDPR? What is the difference in liability if a party is a joint controller with another, compared to where the parties are controllers in common?

What are the differences between joint controllers and controllers in common under the GDPR? What is the difference in liability if a party is a joint controller with another, compared to where the parties are controllers in common?

What are the differences between joint controllers and controllers in common under the GDPR? What is the difference in liability if a party is a joint...

Is someone’s voice personal identifiable information under GDPR? If someone is to do a voice over for content of some training for a business, would a consent form be needed?

Is someone’s voice personal identifiable information under GDPR? If someone is to do a voice over for content of some training for a business, would a consent form be needed?

Is someone’s voice personal identifiable information under GDPR? If someone is to do a voice over for content of some training for a business, would a...

Can a company cap its liability for breach of its data protection obligations under a contract?

Can a company cap its liability for breach of its data protection obligations under a contract?

Can a company cap its liability for breach of its data protection obligations under a contract?For the purposes of this Q&A:•it is assumed that...

Legal Guidance

Q&As

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant swear this via Skype or do they need to be in the physical presence of the independent solicitor?

The prospective tenant of lease to be contracted out of the Landlord and Tenant Act 1954 needs to swear a statutory declaration. Can the declarant...
Produced in partnership with Jonathan Edwards of Radcliffe Chambers 28th Apr
tag iconCOVID-19
Q&As

What are the key risks associated with using third party social media platforms?

What are the key risks associated with using third party social media platforms?Why be part of the online community?Social media is à la mode. The...
10th Apr
Q&As

Can I use standard boilerplate provisions in consumer contracts?

Can I use standard boilerplate provisions in consumer contracts?It is important to understand what terms are permissible in consumer contracts (eg...
10th Apr
Q&As

Do I have to send my new or updated privacy policy to former clients?

Do I have to send my new or updated privacy policy to former clients?If you hold personal data of former clients, then you will be processing it for...
9th Apr
Q&As

Where can I find the Brexit legislation concerning product certification/conformity (eg CE marking) and the extent to which products will be recognised in the event of a no deal Brexit?

Where can I find the Brexit legislation concerning product certification/conformity (eg CE marking) and the extent to which products will be...
7th Apr
tag iconBrexit
Q&As

What are the UKCA marking and UKNI marking, and when are they needed?

What are the UKCA marking and UKNI marking, and when are they needed?This Q&A provides an introduction to the use of UKCA marking and UKNI marking for...
7th Apr
Q&As

We are due to conduct a search order but the premises at which it was due to be conducted have been closed, what steps can we take?

We are due to conduct a search order but the premises at which it was due to be conducted have been closed, what steps can we take?The court has power...
Produced in partnership with Oliver Hilton of Radcliffe Chambers 7th Apr
Q&As

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency...
Produced in partnership with Daniel Laking of 39 Essex Chambers 7th Apr
tag iconCOVID-19
Q&As

Will the ‘face value’ requirement of section 1(2)(a) Law of Property (Miscellaneous Provisions) Act 1989 be satisfied if a deed (i) contains unilateral obligations from one party to another and is expressed to be executed by that party only and/or (ii) only makes reference to the document’s status as a deed in its execution block (eg as in a CH1)?

Will the ‘face value’ requirement of section 1(2)(a) Law of Property (Miscellaneous Provisions) Act 1989 be satisfied if a deed (i) contains...
3rd Apr
Q&As

Given the General Data Protection Regulation regime, to what extent can a pre-action potential defendant provide personal data of its customers to a potential claimant as part of undertakings that the potential defendant wishes to give after getting a letter before claim?

Given the General Data Protection Regulation regime, to what extent can a pre-action potential defendant provide personal data of its customers to a...
31st Mar
Q&As

How do you enforce a subject access request?

How do you enforce a subject access request?This Q&A considers subject access requests under the Regulation (EU) 2016/679, General Data Protection...
31st Mar
Q&As

Coronavirus (COVID-19)—what are the arrangements for contacting courts which are now ‘temporarily suspended’ but which were dealing with ongoing and/or urgent applications?

Coronavirus (COVID-19)—what are the arrangements for contacting courts which are now ‘temporarily suspended’ but which were dealing with ongoing...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Mar
tag iconCOVID-19
Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of...
Produced in partnership with James Tunley of Lamb Chambers 31st Mar
tag iconCOVID-19
Q&As

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side...
Produced in partnership with James Tunley of Lamb Chambers 31st Mar
tag iconCOVID-19
Q&As

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or...
Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 31st Mar
tag iconCOVID-19
Q&As

What is the position in relation to translated documents in the context of legal advice privilege?

What is the position in relation to translated documents in the context of legal advice privilege?Legal Professional PrivilegeThe core aim of...
31st Mar
Q&As

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C?

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false)...
31st Mar
Q&As

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?

Can mobile phone recordings constitute admissible evidence in legal proceedings and what issues should be considered?For the purposes of this Q&A we...
31st Mar
Q&As

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Mar
tag iconCOVID-19
Q&As

When can you recover loss of profits for reputational harm? If you can recover loss of profits for reputational harm, how does the court calculate loss of profits, ie is there a specific methodology involved?

When can you recover loss of profits for reputational harm? If you can recover loss of profits for reputational harm, how does the court calculate...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Mar

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