The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Procedure

SAR – judge’s notes

Can a judge’s handwritten notes be disclosable under a subject access request?

Subscribers only...
 

SARs – revised Code

The Information Commissioners Office has updated its code of practice on subject access requests. This is largely to reflect the recent court decisions (noted in our April 2017 issue, p31). In particular, the code has altered its guidance on when a data controller can claim that it will require a ‘disproportionate effort’ to comply with the SAR.

Subscribers only...
 

Arbitration – time limit

The time limit for challenging an arbitration award is 28 days. This short time limit reflects the underlying policy of Arbitration Act 1996, namely the finality of arbitration awards. Note that the time limit of 28 days runs from the date the award is made (not the date on which the award is released to the parties). This is a very important point, since in commercial arbitrations there will often be a delay before the award is released to the parties. This is particularly so if the arbitrator’s fees are outstanding.

Subscribers only...
 

Pleading – protocol compliance?

There is still confusion about whether it is necessary for a claimant to state in the claim form (or particulars of claim) whether they have complied with the relevant protocol.

Subscribers only...
 

RCJ – outdoor clerks

Are we seeing the end of the outdoor clerking profession? The introduction of electronic filing and working (CE-File) in the Rolls Building (soon to be called the Business and Property Courts) has virtually abolished the need for outdoor clerks in those courts – and it must surely be a matter of time before others (eg QBD, Senior Costs Office, and the Mayor and City of London Court) follow suit. With CE-File there is simply no need for outdoor clerking.

Subscribers only...
 

Data protection – subject access requests

These days, subject access requests (SARs) are becoming increasingly common as a civil litigation ploy to obtain information that might not otherwise be disclosable (or to get it disclosed at an earlier stage). In short, SARs have become a tactical tool in litigation. 

Making a valid SAR is straightforward and inexpensive. There is no prescribed format provided it is in writing – indeed the code of practice specifies that data controllers may not insist on the use of a particular form. A written SAR can be made by post, e-mail, fax or even social media. It does not have to be labelled as an SAR, nor make any reference to DPA 1998. Generally, the maximum fee that can be charged by data controllers for dealing with an SRA is £10; a response must be provided promptly (and in any event within 40 days).

Subscribers only...
 

Judgment – asset-stripping

To what extent can a judgment debtor dissipate (or strip) assets to avoid them being available to meet the judgment debt?

Subscribers only...
 

Non-party – reputational damage?

To what extent can a non-party appeal a court decision because it affects their reputation?

Subscribers only...
 

Costs – interest

It is worth remembering that costs attract a very healthy 8% rate of interest.

Subscribers only...
 

Charging orders – interim

Charging orders are a powerful tool for enforcing judgment debts. Imposing a charging order on land owned by a debtor is equivalent to getting a mortgage over the property. The procedure for applying for a charging order is set out in Part 73:

Subscribers only...
 


Page 5 of 45

Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

Resources

IAG International
In House Lawyer
Join the IBA now!
www.totallylegal.com
MSI Global Alliance