News

19 . 06 . 2019 SRA Standards and Regulations

Beta version available (requires registration), see here.

18 . 06 . 2019 Anti-money laundering: the SARs regime – Law Commission report

See here.

17 . 06 . 2019 ICO Data Protection Audit Report on the Legal Ombudsman (June 2019)

The report contains some potentially useful pointers for law firms and others. See here.

13 . 06 . 2019 House of Commons Library Briefing Paper on Brexit questions in national and EU courts

See here.

12 . 06 . 2019 Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1469 (QB)

Injunction restraining use of counsel’s advice and other documents sent in error to opposing party due to email autocomplete feature. See here.

12 . 06 . 2019 Green v Group Ltd & Others [2019] EWHC 954 (Ch)

Claim arising from the processing of data by Cambridge Analytica. Joint Administrators were not data controllers and were therefore not personally responsible for compliance with the provisions of the Data Protection Act 1998 in respect of the data processed by ...

10 . 06 . 2019 SRA v Adams and Rich 2018-11891

Conflict allegation dismissed where one partner acted for a man convicted of causing death by dangerous driving and another partner acted for the victim’s estate in a claim against the driver which was settled by the driver’s insurers. Reprimand for ...

07 . 06 . 2019 ICO Report – GDPR: One year on

See here.

29 . 05 . 2019 Bhatti v Asghar [2019] EWHC B5

Decision on the question of a solicitor’s own interest conflict where a costs budget has not been filed and costs are limited to the court fees and compares the factual matrix with the position in Mitchell v News Group Newspapers ...

24 . 05 . 2019 Dawson-Damer v Taylor Wessing [2019] EWHC 1258 (Ch)

High Court decision (following Court of Appeal decision) determining (1) whether paper files formed part of a relevant filing system, (2) application of legal professional privilege and waiver of privilege), (3) whether solicitors had carried out reasonable and proportionate searches ...

See here.

These will take effect when the new SRA Standards and Regulations come into force in November 2019, increasing the reporting obligations of firms and individuals in relation to possible compliance breaches. See here.

16 . 05 . 2019 Legal Ombudsman’s guidance on costs information

See here.

07 . 05 . 2019 SRA Warning Notice – Compliance with the money laundering regulations – firm risk assessment

SRA publish warning notice, see here.

07 . 05 . 2019 SRA thematic review of trust and company service providers

See here.

02 . 05 . 2019 Updated HMRC Estate agency guidance for money laundering supervision

The section on PEPs has been updated. See here.

Judgment on lawfulness of sharing of sensitive personal data relating to a 16 year old child, including bail conditions, under an information-sharing agreement between the police and a local business crime reduction partnership. The decision also determined that the parties ...

24 . 04 . 2019 Cyber Security Breaches Survey 2019 published by the Department for Digital, Culture, Media and Sport

See here.

18 . 04 . 2019 Campbell v Secretary of State (Information rights – Data protection) [2018] UKUT 372 (AAC)

Appeal relating to data subject access rights did not survive death of the data subject. See here.

17 . 04 . 2019 Government consultation on the transposition of the fifth money laundering directive

See here.

17 . 04 . 2019 Brexit: updated SRA Guidance

See here.

This contains a review of the position on compulsory insurance for lawyers in the United States generally and elsewhere. https://www.wsba.org/docs/default-source/legal-community/committees/mandatory-malpractice-insurance-task-force/mandatory-malpractice-insurance-task-force-report.pdf?sfvrsn=558e03f1_0

12 . 04 . 2019 Murray v Turcan Connell [2019] CSOH 21

Scottish decision in matrimonial proceedings restraining solicitors from acting for husband after lateral hire of solicitor who had acted for the wife while at his previous firm. In applying Bolkiah v KPMG, and assessing whether there was a risk to ...

12 . 04 . 2019 Rudd v Bridle & Anor [2019] EWHC 893 (QB) (10 April 2019)

Consideration of various issues in relation to a Subject Access Request under the Data Protection Act 1998, including an unsuccessful claim of legal professional privilege and what constitutes ‘personal data’. See here.

08 . 04 . 2019 The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019

These Regulations make provision in relation to Brexit. http://www.legislation.gov.uk/uksi/2019/419/contents/made

These Regulations make amendments in relation to the application of the EU-US Privacy Shield to the UK post-Brexit. http://www.legislation.gov.uk/uksi/2019/485/pdfs/uksi_20190485_en.pdf

05 . 04 . 2019 SRA Residential conveyancing thematic review

See here.

03 . 04 . 2019 EDPB Review of implementation of GDPR

See here.

27 . 03 . 2019 Advocate General’s opinion on cookie consent

See here.

20 . 03 . 2019 SRA confirms November launch for new regulatory model

The new regulations will come into effect on 25 November 2019. See here.

20 . 03 . 2019 SRA puts firms on notice for money laundering compliance checks

SRA have said they will be carrying out rigorous checks on law firms to make sure they are meeting their anti-money laundering obligations.See here.

19 . 03 . 2019 Opinion on the interplay between the ePrivacy Directive and the GDPR

The European Data Protection Board have published Opinion 5/2019 on the interplay between the ePrivacy Directive and the GDPR, in particular regarding the competence, tasks and powers of data protection authorities. See here.

11 . 03 . 2019 Anti-money laundering supervision and sanctions implementations

Treasury have published their Committee Inquiry report: Anti-money laundering supervision and sanctions implementations. See here.

08 . 03 . 2019 FATF draft guidance on risk based approach for legal professionals

See here.

HMRC have published details of businesses that do not comply with the 2017 regulations. See here.

04 . 03 . 2019 Estate agents targeted in money laundering crackdown

Estate agents have been hit with unannounced inspections as part of a week-long crackdown on money laundering in the property industry, HMRC has revealed. See here.

27 . 02 . 2019 No Rest for the Wicked: Report by the Royal United Services Institute

See here.

27 . 02 . 2019 Legal professional privilege upheld after accidental disclosure of advice

See Winstone & Ors v MGB Ltd [2019] EWHC 265 (Ch) here

26 . 02 . 2019 Finjan, Inc. v. Zscaler, Inc.

Californian District Court decision ordering disclosure of emails despite objection based on GDPR. See here.

20 . 02 . 2019 SRA | SRA publishes new Enforcement Strategy | Solicitors Regulation Authority

See here.

19 . 02 . 2019 Data Protection Commission

Brexit - Data Protection Commission (Ireland) Guidance on Transfers of Personal Data from Ireland to the UK in the Event of a 'No-Deal' Brexit See here.

18 . 02 . 2019 Latest Law Society Code for Completion published – The Law Society

The Law Society has published a revised Code for Completion by post which takes account of the Dreamvar decision and will be effective from 1 May 2019, but may be adopted earlier. See here.

See here.

14 . 02 . 2019 Brexit: Law Society VAT guidance

See here.

13 . 02 . 2019 Bott & Co Solicitors Ltd v Ryanair DAC [2019] EWCA Civ 143 (12 February 2019)

Solicitors had no lien on airline flight delay compensation where their services were neither the conduct of litigation nor in contemplation of litigation. See here.

12 . 02 . 2019 Mortgage fraud: Law Society Practice Note (premium content users only)

See here.

11 . 02 . 2019 National Crime Agency SARs report: Implications for the legal sector – The Law Society

Law Society analysis of the National Crime Agency SARs report and its implications for the legal sector. See here.

08 . 02 . 2019 SRA publishes new Enforcement Strategy

See here.

08 . 02 . 2019 Brexit and GDPR – HM Government guidance: Using personal data after Brexit

See here.

05 . 02 . 2019 European Commission infographic: GDPR in numbers

See here.

30 . 01 . 2019 Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd [2019] EWHC 3 (Comm)

Decision on the limits of legal advice privilege relating to a law firm’s underlying instructions to provide confirmation as to payment of funds into an escrow account. See here.

29 . 01 . 2019 Transparency International release the Corruption Perceptions Index 2018

See here.

18 . 01 . 2019 No-deal Brexit guidance: Providing legal services in the EU – The Law Society

See here.

18 . 01 . 2019 No-deal Brexit guidance: Data protection – The Law Society

See here.

18 . 01 . 2019 Data protection and Brexit | ICO

See here.

17 . 01 . 2019 Who owns the file? – Law Society Practice Note

See here.

11 . 01 . 2019 Law Society advice: GDPR in practice: ICO enforcement powers

See here.

11 . 01 . 2019 Guide to Data Protection | ICO

The ICO’s Guide to Data Protection covers the Data Protection Act 2018 and the GDPR as it applies in the UK. The guide combines the existing ICO guides to the GDPR and Law Enforcement Processing, with the addition of new ...

08 . 01 . 2019 Non-disclosure agreements and confidentiality clauses in an employment law context – The Law Society

Non-disclosure agreements (NDAs) - Law Society Practice Note (members only) See here.

07 . 01 . 2019 Criminal Finances Act 2017 – The Law Society – Practice Note: guidance approved by the Chancellor

See here.

03 . 01 . 2019 Privacy Shield and the UK FAQs | Privacy Shield

Brexit: The US Department of Commerce has published guidance on its Frequently Asked Questions page on the application of the Privacy Shield to data transfers from the UK post-Brexit. It addresses both the deal and no-deal positions, and outlines steps ...

03 . 01 . 2019 EU-US Privacy Shield | European Commission

The European Commission has published its second review of the EU-US Privacy Shield. The Commission concludes that the United States continues to ensure an adequate level of protection for personal data transferred under the Privacy Shield from the Union to ...

Draft regulations to maintain the legislative framework post-Brexit have been published. See here.

02 . 01 . 2019 Brexit: Updated SRA guidance, particularly for Registered European Lawyers and their firms

See here.

21 . 12 . 2018 National Crime Agency SARs Annual Report 2018

See here.

17 . 12 . 2018 The GDPR | ICO

Brexit: The ICO has issued updated guidance as the prospect of a withdrawal with no deal appears increasingly likely. See here.

20 . 12 . 2018 GDPR in practice: Cross-border data flows and Brexit – guidance from The Law Society

See here.

Brexit: HM Government has issued updated guidance as the prospect of a withdrawal with no deal appears increasingly likely. See here.

14 . 12 . 2018 The Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018

These make minor amendments to The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. See here.

See here.

12 . 12 . 2018 What’s new | ICO

The Information Commissioner’s Office has published expanded guidance on contracts, published guidance on controllers and processors and published detailed guidance on controllers and processors and contracts and liabilities. See here.

See here.

10 . 12 . 2018 Brexit: updated SRA guidance

Issued on 12 October 2018 (updated 10 December 2018) See here.

07 . 12 . 2018 FATF Mutual Evaluation Report of the United Kingdom – 2018

See here.

05 . 12 . 2018 Weekly Threat Report 30th November 2018 – NCSC Site

The National Cyber Security Centre Weekly Threat Report for 30 November 2018 advises that there is an increase in the use of HTTPS security certificates on criminal phishing websites: the padlock symbol can no longer be relied upon as evidence ...

04 . 12 . 2018 Warren v Hill Dickinson LLP [2018] EWHC 3322 (QB)

Successful novation of a CFA. See here.

04 . 12 . 2018 WH Holding Ltd & Anor v E20 Stadium LLP [2018] EWCA Civ 2652

Court of Appeal decision on - (1) whether litigation privilege extends to documents which are concerned with the settlement or avoidance of litigation where the documents neither seek advice or information for the purpose of conducting litigation nor reveal the nature of ...

03 . 12 . 2018 ICO issues the first fines to organisations that have not paid the data protection fee

See here.

28 . 11 . 2018 Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667

A solicitor’s terms of business may provide that Solicitors Act final bills do not have to include both profit costs and disbursements. See here.

28 . 11 . 2018 SRA | Risk resources | Solicitors Regulation Authority

SRA paper on balancing duties in litigation. See here.

27 . 11 . 2018 EDPB Guidelines on Territorial Scope of GDPR

See here.

23 . 11 . 2018 Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689 (6 November 2018)

Decision of the Supreme Court of New South Wales on aggregation. See here.

20 . 11 . 2018 IBA Cyber-security guidelines

See here.

16 . 11 . 2018 ICO publishes detailed guidance on encryption

See here.

15 . 11 . 2018 Addlesee v Dentons Europe LLP [2018] EWHC 3010 (Ch)

Legal professional privilege in relation to a dissolved company in a claim arising from a failed investment in gold dust. See here.

07 . 11 . 2018 Wilsons Solicitors LLP v Revenue & Customs (PROCEDURE : Other) [2018] UKFTT 627 (TC) (22 October 2018)

HMRC was not entitled, by serving an information notice, to obtain solicitors’ records kept under the Money Laundering Regulations. See here.

14 . 11 . 2018 Law Society guidance – No deal: Brexit and data protection

See here.

06 . 11 . 2018 Insolvency of a participating insurer – The Law Society

Insolvency of a participating insurer: Law Society’s updated practice note, see here. We have advised several firms on successful claims to the Financial Services Compensation Scheme where eligibility issues arose.

05 . 11 . 2018 SRA – Transparency Guidance – Publishing complaints procedure

See here.

05 . 11 . 2018 SRA – Updated Transparency Guidance

See here.

05 . 11 . 2018 Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 2747 (Ch)

Legal professional privilege held not to apply to emails between in-house lawyer and employee where the purpose was for gathering information in order to instruct external lawyers, rather than for the in-house lawyer to provide legal advice to the employee. See ...

05 . 11 . 2018 Sixth European Anti-Money Laundering Directive

This will implement new jail sentences and sanctions for money laundering. Note: The UK, Ireland and Denmark are not taking part in the adoption of this directive. See here.

02 . 11 . 2018 Legal Risk top ranked in Legal 500 2018 and ranked in Chambers UK 2019

Legal Risk have been listed as top-tier firm in Legal 500 2018 for Professional Negligence and ranked for Professional Discipline. We are also ranked in Chambers UK 2019 for Professional Negligence and Professional Discipline.

02 . 11 . 2018 Legal Risk listed on The Times Best Law Firms 2019

We are delighted to have been recognised by The Times in co-operation with Statista as one of The Best Law Firms 2019. https://www.thetimes.co.uk/article/legal-risk-best-law-firms-j25bd9hwd

02 . 11 . 2018 HM Government’s Serious and Organised Crime Strategy

See here.

02 . 11 . 2018 The ICO guidance has been updated in relation to (1) Passwords in online services and (2) Encryption

For Passwords in online services, see here. For Encryption, see here.

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