FOREWORD TO THE SECOND EDITION A litigant in England and Wales is most likely to come into contact with the civil courts, principally the county court, in connection with a claim proceeding on the Small Claims Track which, despite the name, is the track to which nearly all the cases […]
CHAPTER ONE – WHAT IS AN ACCESS REQUEST? A Data Subject Access Request (which I will refer to as an ‘Access Request’ throughout the book for ease of reference) is a right to access personal data under Article 15 of the EU General Data Protection Regulation (GDPR).1 Individuals have a right […]
CHAPTER ONE – ABOLITION OF MARRIAGE BY COHABITATION WITH HABIT AND REPUTE Scots Law on cohabitation was brought into the 21st Century with the enactment of the 2006 Act which came into force on 4 May 2006. The 2006 Act took great leaps forward in providing additional legal protection to […]
CHAPTER II – PRIVACY AND DATA PROTECTION The ‘right to privacy’ and the ‘right to data protection’ have been given equal importance by the Charter of Fundamental Rights of the European Union (‘the Charter’) and yet the relationship between privacy and data protection is not straightforward. Prior to the incorporation […]
CHAPTER TWO – WHAT IS SURROGACY? The term surrogacy often conjures a variety of interpretations of what it might entail. Stories of celebrity couples often end up in the media and perhaps paint a glamorised image of the process. However, in reality the concept of surrogacy dates back to biblical […]
CHAPTER ONE – POSSESSION OF THE BODY “There is no right of ownership in a dead body. However, there is a duty at common law to arrange for its proper disposal. This duty falls primarily upon the personal representatives of the deceased (see Williams v. Williams (1881) 20 Ch. 659; Rees […]
CHAPTER TWO – WHO CAN USE A HIGHWAY Given that any of Her Majesty’s Subjects may pass and re-pass along a highway, as often and whenever they wish without let or hindrance and without charge, it should be the case that anyone can use any highway at any time. Oh, […]
CHAPTER ONE – HOW TO DEAL WITH THE EMOTIONAL FALLOUT AFTER A LONG MARRIAGE When any couple separates it is unusual for both to be in agreement that the relationship has broken down and it is time to move on in different directions. More often this is a decision taken by […]
INTRODUCTION “It is incidental to the authority of a headmaster to expel from the school over which he presides any scholar or student whose conduct is such that he cannot any longer be permitted to remain without danger to the school. This is not a power to be exercised arbitrarily—it […]
CHAPTER THREE – THE FATAL ACCIDENTS ACT 1976 3.1 INTRODUCTION This Act is one of the main considerations for the practitioner when considering a claim for damages for wrongful death. The Fatal Accidents Act 1976 repealed the relevant provisions of the previous Fatal Accident Acts1 and applies to any death […]
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