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Jul 29, 2024 | 
mondaq.com | Sarah Brehaut |Adam Cole |Alison Ozanne |Jarrad Knoetze
Parties in civil cases must challenge opposing expert evidence through cross-examination to ensure a fair trial Criticisms of an expert's report should not be reserved for closing submissions if they could have been addressed during the trial The need for cross-examination depends on the specific circumstances of each case, with the focus on overall fairness and proportionality Relevant to that conclusion is the more recent question which the Supreme Court (in TUI v Griffiths [2023] UKSC 48)...
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May 22, 2024 | 
lexology.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze |Sarah Ball
IntroductionIn our recent article covering litigation privilege and its reach to expert support (available here) we considered whether litigation privilege may be claimed over all the correspondence with a third party expert / a instructing party, concluding that it was not (for the reasons given in Kyla Shipping Co Ltd & Anor v Freight Trading Ltd & Ors [2022] EWHC 376 (Comm) (22 February 2022).
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May 21, 2024 | 
lexology.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze |Sarah Ball
IntroductionIn England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to certain proceedings (the "Protocol").
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May 16, 2024 | 
mondaq.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze
In England & Wales proceedings are subject to a series of
"Pre-Action Protocols" which set out the steps a Court
would expect parties to take prior to commencing proceedings. The
Pre-Action Conduct and Protocols applies to certain proceedings
(the "Protocol").
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May 16, 2024 | 
mondaq.com | Sarah Brehaut |ADAM COLE |Alison Ozanne |Jarrad Knoetze
In our recent article covering litigation privilege and its
reach to expert support (available here) we considered whether litigation
privilege may be claimed over all the correspondence with a third
party expert / a instructing party, concluding that it was not (for
the reasons given in Kyla Shipping Co Ltd & Anor v Freight
Trading Ltd & Ors [2022] EWHC 376 (Comm) (22
February 2022).
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Mar 13, 2024 | 
mondaq.com | Matt Sanders |Chris Hutley-Hurst |Jamie Bookless |Jarrad Knoetze
This briefing is a part of a Walkers series on the Data
Protection (Bailiwick of Guernsey) Law, 2017 (the
"DPL"), and deals with the transfer of
personal data outside Guernsey. A "data transfer" occurs
when an individual's personal data is sent outside of Guernsey. International data transfer is a complex field of data protection
and this briefing will only provide a brief overview of the key
elements.
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Mar 8, 2024 | 
mondaq.com | Matt Sanders |Chris Hutley-Hurst |Jamie Bookless |Jarrad Knoetze
This briefing is part of a Walkers series on the Data Protection
(Bailiwick of Guernsey) Law, 2017 (the
"DPL"), and provides an overview on what
information organisations must provide data subjects when they
collect information and how the information should be provided to
data subjects.
A related briefing on the object of the DPL, some of the key
concepts used in the DPL, what the data principles are and the
rights of data subjects is available here.
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Mar 8, 2024 | 
mondaq.com | Matt Sanders |Chris Hutley-Hurst |Jamie Bookless |Jarrad Knoetze
This briefing is a part of a Walkers series on the Data
Protection (Bailiwick of Guernsey) Law, 2017 (the
"DPL"), and provides an overview of
section 15 of the DPL (the Right to Access) and describes some key
points which organisations may want to consider when receiving and
responding to a Data Subject Access Request
("DSAR").
A related briefing on the object of the DPL, some of the key
concepts used in the DPL, what the data principles are and the
rights of data subjects is available here.
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Mar 8, 2024 | 
mondaq.com | Matt Sanders |Chris Hutley-Hurst |Jamie Bookless |Jarrad Knoetze
The Data Protection (Bailiwick of Guernsey) Law, 2017 (the
"DPL") came into force on 25 May 2018 to
coincide with the enforcement of the EU's General Data
Protection Regulation (EU) 2016/670 (the "GDPR"). The
European Commission has granted Guernsey "adequacy"
status and recognises the legal standards applicable in Guernsey as
covering all the principles necessary for an adequate level of
protection for natural persons. This allows EU organisations to
easily transfer personal data to Guernsey.
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Mar 8, 2024 | 
mondaq.com | Matt Sanders |Chris Hutley-Hurst |Jamie Bookless |Jarrad Knoetze
This briefing is part of a Walkers series on the Data Protection
(Bailiwick of Guernsey) Law, 2017 (the
"DPL"), and provides an overview on
personal data breaches. It describes some key points which
organisations may want to consider when handling/managing a
personal data breach.
Click here to view article
A related briefing on the object of the DPL, some of the key
concepts used in the DPL, what the data principles are and the
rights of data subjects is available here.
