Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
1 August 2014
Illegal search and seizure outside the US? A customer’s emails stored in Ireland must be disclosed to US government investigators
A New York Court has held that Microsoft Corp must disclose to investigators the content of an unidentified customer’s MSN.com web based email account stored in a data center in Ireland that it controls and maintains to the US government in the context of an investigation. As the US District Judge upheld the Federal Magistrate’s decision, Microsoft, which argued that this was an illegal search and seizure of customer information held outside the US, lost its challenge to the US government search warrant. Microsoft has already indicated its intention to appeal.
17 July 2014
Thinking of excluding children from your inheritance? It may be harder than you think
In England and Wales, you have the right to leave your estate to whomever you choose, as in the case of Sting who is choosing not to pass on his £180 million fortune to his children. But things become more complicated if you have assets in other countries.
4 July 2014
Norwich Pharmacal order: providing assistance and information to another party – costs denied
Under the Norwich Pharmacal procedure the court can order that an individual or entity (the third party), who is not a party to court proceedings but who must be, innocently or not, mixed up in the wrongdoing, must assist a party to those proceedings (the applicant) by providing information or documents in respect of the (intended) proceedings. The information/documents might be required to enable the applicant to identify the wrongdoer, to pursue its claim and plead its case fully, to identify the full nature of the wrongdoing and/or to trace assets. In these circumstances the usual costs rule followed by the court is that the party seeking the information bears the costs and expenses incurred by the third party in complying with the order and in providing that information.
4 July 2014
Ponzi schemes and boiler room frauds - if it sounds too good to be true, it probably is
Ponzi schemes and boiler room frauds are presented as ways to get-rich-quick. How can you identify whether you have been a victim of these frauds and what civil actions could be taken going forward?
1 July 2014
Legal update: High Court confirms that no specific form is needed to withdraw a Part 36 offer to settle
In the case of Supergroup plc v Justenough Software Corp Inc. (2014) the High Court confirmed that no specific form of written notice was required to withdraw an offer to settle made under Part 36 of the Civil Procedure Rules (often referred to as a ‘Part 36 offer’). An offeror just had to serve something in writing which stated in terms that the offer was withdrawn.
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