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A malleable and complex concept relevant to both privacy and defamation claims which allows for the publication of content on the basis of its contribution to public debate; although it is important to bear in mind that the courts have stated on many occasions that what is 'interesting to the public' on the basis of it being scandalous or newsworthy is not necessarily in the public interest.
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DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...
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GB Energy Labelling Regulation (EU) 2017/1369—snapshot Title Assimilated Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (GB Energy Labelling Regulation) Entry into force 1 August 2017 Subject Energy labelling, energy efficiency of products In GB mandatory energy labelling is regulated by: • Assimilated Regulation (EU) 2017/1369 (the GB Energy Labelling Regulation) • Energy Information Regulations 2011 (EIR 2011) • Ecodesign for Energy-Related Products and Energy Information Regulations 2021, SI 2021/745 In-scope products have to comply with the information and labelling requirements contained therein. The EU Energy Labelling Regulation (Regulation (EU) 2017/1369) continues to apply in Northern Ireland post-Brexit. For more on the position in Northern Ireland, see Practice Note: What does the Northern Ireland Protocol (Windsor Framework) mean for the application of environmental law? DESNZ and the Office for Product Safety and Standards have produced guidance on energy information for suppliers and dealers setting out the different requirements...
Application for disclosure of information supplied in order to obtain a warrant The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, rr 5.7–5.10. These rules have been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note. Does a magistrate have jurisdiction to hear an application? Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed. When a court is considering an application for a search warrant and exercises its statutory power to grant one, the...
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Data protection privacy notice (secondment—employer to employee) [Insert name of organisation] Data protection privacy notice (secondment) As you know, it is proposed that you will be seconded to [insert name] (host employer). This notice explains what personal data (information) [insert name of employer][ trading as [insert trading name, if different]] (‘we’ or ‘Company’) will share with, and receive from, your host employer for the purposes of your secondment. We are required to notify you of this information under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal data about you. This privacy notice As set out in the [data protection privacy notice (employment)], the Company is a ‘controller’ and gathers and uses certain data about you.[ This data is also used by our affiliated entities and group companies, namely [insert details or a link, or otherwise show where details of...
This Precedent is drafted as a letter of claim and is designed to be sent to the editor of a newspaper that has published a defamatory report. For guidance on defamation, see Practice Notes: —Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland) —Lexology Panoramic: Defamation and Reputation Management—Ireland—Q&A guide Ask the following questions which reflect the underlying merits of a complaint: —is there clear evidence that the statements in question are false? Ensure you are in possession of all the facts prior to sending out a letter of claim —who is the subject of the defamatory material and is their business likely to be of interest to the public? The fact that a public figure has instructed lawyers in respect of allegedly defamatory comments may be as interesting to the public as the original statements and draw more attention to them. A letter of claim may be marked ‘not for publication’ but unless it contains obviously private or confidential information, little may be done to restrain its publication —has...
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To what extent can facts be admitted and relied on where those facts pertain to events after the limitation period has expired but where the claim itself was brought within the relevant limitation period? We are not aware of any authority dealing directly with this point, but would assume that provided the claim is brought within the limitation period the usual rules of evidence apply, even in respect of evidence pertaining to events after the limitation period has expired. Evidence, in its bare sense, relates to proving or disproving a fact or matter in issue. The law of evidence indicates what may properly be introduced by a party (that is, what is admissible), and also what standard of proof is necessary (that is, the degree of conviction or persuasion that the evidence needs to produce). In short, the law of evidence governs the means and manner in which a party may substantiate his own case, or refute that of his opponent. For more information, see Witness evidence—overview....
If a company self-reports a corrupt transaction but withholds details of other incidences of bribery, will the SFO give them the benefit of having self reported? Commercial organisations which have identified involvement in corruption, whether directly or by an associated person, should seek expert advice before contacting the Serious Fraud Office (SFO) with a view to self reporting, both for advice about conducting an internal investigation and in respect of the consequences of so doing. In particular, any outcome which involves criminal proceedings is likely to be open to active judicial intervention. The Bribery Act 2010 (BA 2010) does not impose a specific duty on a Relevant Commercial Organisation (RCO) to report actual or suspected bribery. However, RCOs will, in that event, wish to consider whether they should do so; the designated organisation to report to is the SFO. RCOs should also consider whether particular cases require reporting separately under section 330 of the Proceeds of Crime Act 2002 (POCA 2002) or the Money...
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The Data (Use and Access) Bill [HL] has reached its final parliamentary stages as of 8 May 2025. Sponsored by the Department for Science, Innovation and Technology, the Bill introduces wide-ranging reforms to data regulation, including new provisions for customer data access, privacy standards, and the establishment of an Information Commission. It also addresses electronic trust services, biometric data retention, and information sharing for public services. Originating in the House of Lords during the 2024–25 session, the Bill has now completed its passage through both Houses.
This week's edition of Public Law weekly highlights includes coverage of the UK-India free trade agreement which includes provisions opening access to India’s £38 billion public procurement market. Also in this edition, publication of the Ministry of Justice (MoJ) annual Law Commission implementation report for 2023–2024, detailing progress on legal reforms in England and Wales, the Joint Committee on Statutory Instruments (JCSI) twenty-second report of the 2024–2025 session, and the Select Committee on Statutory Instruments (SCSI) seventh report of the 2024–2025 session. Case updates include the Court of Appeal’s ruling in R (Duke of Sussex) v SSHD, concerning RAVEC security decisions and arrangements; the Court of Appeal’s ruling in R (National Council for Civil Liberties) v SSHD, which found that amendments to protest laws exceeded statutory powers; the High Court’s decision in R (Frederick Ayinde) v London Borough of Haringey, where a wasted costs order was upheld against legal representatives for use of fake case citations in judicial review pleadings; a TCC ruling on use of privileged documents inadvertently disclosed...
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