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Evidence and disclosure in judicial review proceedings―checklist

Evidence and disclosure in judicial review proceedings―checklist This Checklist considers some of the key issues around evidence and disclosure that parties should consider before and during judicial review proceedings. It is intended to provide a starting point and is not exhaustive. Parties should keep in mind the relevant time limits and procedural requirements throughout. See Practice Note: Judicial review—time limits and the pre-action protocol. Party Action Considerations and steps Claimant Consider exercising statutory rights to information before writing a letter before claim Before writing a letter before claim, a claimant may be able to seek information from a public authority under the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR) (where they are the data subject), the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004, SI 2004/3391 (on environmental matters). For further information, see:—Data protection regime—overview—Freedom of information—overview—Environmental information regulation—overview Claimant Seek pre-action disclosure Claimants can request information and documents at the pre-action stage provided the request is proportionate and limited to...

Consumer credit—timeline (2011–2023) [Archived]

Consumer credit—timeline (2011–2023) [Archived] This timeline outlines the key developments relating to consumer credit, from both a UK and EU perspective (2011–2023). This timeline is archived and is no longer maintained. For key developments relating to the UK's consumer credit regime, see UK Consumer credit—timeline. 2023 Date Source Document Description 16 November 2023 FCA Review of our approach to secondary brokers The FCA announced that it has recently reviewed its interpretation of the consumer credit legislation for Limited Permission secondary credit brokers, looking specifically at how the legislation applies to credit broking firms whose main business activity is the supply of non-financial services. As part of this review, firms that were authorised as Full Permission credit broker firms may be eligible to become authorised as Limited Permission firms, depending on what activities they undertake. If they are eligible to change from Full to Limited Permission, they may be entitled to a refund on a proportion of their past regulatory fees. 14 November 2023 FCA CP23/21: Consumer credit—Product Sales...

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EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

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Costs budgets—late filing

Costs budgets—late filing This Practice Note considers the consequences of failing to serve a costs budget in time (or at all) and what options are available in the event of this happening to include the likely need to make an application for relief from sanctions. What happens if I am late providing the costs budget? CPR 3.13 provides that all parties, unless they are litigants in person, must file and exchange costs budgets either with their directions questionnaires, where the stated value of the claim on the claim form is less than £50,000 or, in any other case, no later than 21 days before the first case management conference (CMC). This is subject to the court making an order which provides for different timescales. It is important to be aware that the provision in CPR 3.14 on failing to file a costs budget covers not only a complete failure to provide a cost budget but also any failure to comply with the relevant rules. Where a party is late in...

Eurotunnel and Société Coopérative de Production SeaFrance v Competition Commission (1) [Archived]

Eurotunnel and Société Coopérative de Production SeaFrance v Competition Commission (1) [Archived] CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 4 December 2013; it is no longer maintained. See further, timeline, commentary and related/relevant cases. Note–the case was remitted back to the CC/CMA–see Eurotunnel/SeaFrance (remittal investigation). Case facts Outline First appeals by Eurotunnel and Société Coopérative de Production SeaFrance against the Competition Commission’s decision prohibiting the completed acquisition by Eurotunnel of SeaFrance assets Parties Groupe Eurotunnel, the Channel Tunnel operator who acquired three SeaFrance ferries and other assets and now operates them between Dover and Calais under the MyFerryLink brand Société Coopérative de Production SeaFrance (SCOP). SCOP is the workers' co-operative of former SeaFrance employees who operate the MyFerryLink ferries for Eurotunnel and act as sales and marketing agent whilst Eurotunnel accept the commercial risk Competition Commission Market(s) Transportation of freight and passengers across the 'short sea' part of the English Channel. ...

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Application—extension of time for presenting response (after time limit has expired)

Application—extension of time for presenting response (after time limit has expired) STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course. For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as...

Application—preliminary hearing

Application—preliminary hearing STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course. For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible. [Insert date] [Insert] Employment Tribunal [Insert address] To the...

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Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent?

Where a creditor has the right to change the interest rate on a CCA regulated mortgage/secured personal loan, do they have to notify each party to the loan separately or can a joint letter be sent? The issue is one which remains open to interpretation since the relevant provisions have only ever been considered once by the County Court and, even then, in a different context (see HFC Bank Ltd v Grossbard, Leeds CC, 17 November 2000 (not reported by ÀÏ˾»úÎçÒ¹¸£Àû®)). The question refers to a ‘CCA regulated mortgage’. Any agreement which comes within the definition of a ‘regulated mortgage contract’ cannot be regulated by the CCA, we have therefore assumed your query deals only with other secured lending under the CCA. The starting point is section 78A of the Consumer Credit Act 1974 (CCA 1974). Subject to certain exceptions, it provides that a creditor must ‘inform the debtor in writing’ of interest changes under regulated agreements ‘before the variation can take effect’. No further guidance is...

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work?

Where an employee works compressed hours, ie the same number of hours as a ‘normal’ full-time employee over fewer days, how should the employer calculate holiday entitlement, and how should the employer treat bank holidays if they fall on a day when the ‘compressed hours’ employee does not usually work? Calculation of holiday entitlement The position of a worker working compressed hours will be the same as that of a ‘normal’ full-time worker, ie they will be entitled to 5.6 weeks' leave each ‘leave year’, made up of: • a basic entitlement to a minimum of four weeks' annual leave each leave year, implementing the right to annual leave under Directive 2003/88/EC, the Working Time Directive • an additional entitlement to 1.6 weeks' annual leave each leave year, which is a right under domestic legislation only Statutory paid holiday entitlement is limited to 28 days. Therefore, a worker working six days per week is entitled not to 33.6 days' leave (5.6 x 6), but only to 28 days' leave. For...

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Local Government weekly highlights—12 December 2024

This week's edition of Local Government weekly highlights includes Government updates on preparations for Procurement Act 2023 go-live in February 2025 and the latest guidance documents for the Procurement Act 2023 published by the Cabinet Office. Case reports include the decisions in DF v Essex CC, challenging the refusal to provide a child accommodation; Simpson v NHS Mid & South Essex ICB, where the court dismissed a claim for judicial review against the NHS Integrated Care Board’s decision on continuing care; and Enfield LBC v Persons Unknown, where the court granted an interim injunction to prevent ‘car cruising’. This weekly highlights further includes updates on Healthcare, Social care, Social housing and Governance.

Employment weekly highlights—28 November 2024

This edition of Employment weekly highlights includes: (1) the Regulatory Policy Committee’s red-rated opinion on the Employment Rights Bill Impact Assessments, (2) the announcement of the statutory maternity, paternity, adoption and parental-related pay and sick pay rates taking effect from April 2025, (3) analysis by Robert Woodward and John Chaplin at BDO of changes to tackle tax non-compliance in the umbrella company market announced in the Autumn Budget 2024, (4) Law Society guidance on disability terminology and language, (5) the Tribunal Procedure Committee consultation response confirming that it will proceed with its proposed changes to the Employment Tribunal Rules of Procedure, expected to apply from January 2025, (6) and other news items of interest to employment practitioners.