Comparable evidence meaning

This Checklist summarises guidance on pursuing a ‘UK GDPR claim’. It draws on the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), together with the Data Protection Act 2018 (DPA 2018) legislation. Where the EU has jurisdiction, proceedings are governed by the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). UK data protection rules—most notably Assimilated Regulation (EU) 2016/679 (UK GDPR)—originate to a large extent from EEA data protection frameworks and, as a result, generally rest on comparable principles, although some provisions differ slightly in detail. In the UK, ‘assimilated law’ denotes retained EU law (REUL) that continues to have effect after the end of 2023 and remains in force, for example the UK GDPR legislation. Re-labelling REUL (and related terminology) as assimilated law signals a shift in its status and handling in UK law, in practice, meaning it is now generally construed by reference to ordinary domestic legal standards and principles...

Director of Public Prosecutions v Jinks [2024] EWHC 3341 (Admin) What are the practical implications of this case? The decision underscores that proceedings commenced after the statutory limit are without jurisdiction and must be dismissed. For practitioners or parties assessing whether a prosecution is out of time, and in relation to CA 2003, s 127 or comparable enactments, the decision makes clear that the start of the limitation period driven by knowledge is not necessarily the same date as the decision to prosecute. The operative date is when all the evidence underpinning that decision first came within the prosecutor’s knowledge. The relevant prosecutor is, as here, the DPP as an office, not the particular individual who ultimately chose to prosecute, even if the function is delegated to one prosecutor and, on appeal, another later reconsiders the file. Accordingly, internal handovers or appellate reconsiderations do not reset the clock, and any delay risks extinguishing jurisdiction with the inevitable consequence of dismissal. The case therefore highlights the need for reasonably...

Hill and another v Revenue and Customs Commissioners [2024] UKFTT 844 (TC) What are the practical implications of this case? The tribunal found the taxpayers’ evidence lacking, even though they seemingly depended entirely on professional advice. In particular, it concluded that, when given vague and uncertain guidance by their advisers, the taxpayers could not simply remain passive; further action was required to demonstrate a reasonable excuse that would prevent liability for failing to comply with an Information Notice, or alternatively to lessen the penalty imposed. In delivering the judgment, the judge set out, from an objective standpoint, a series of conclusions describing how a reasonable and prudent taxpayer should have acted on the facts. The message was that passivity in the face of unclear professional input falls short of what a diligent taxpayer should do, and that only active engagement could support mitigation or the removal of liability entirely. What was the background? Each appellant was a scheme administrator of a pension scheme. The appellants stand...

Martin v McLaren Construction Ltd and McLaren Construction Ltd v Martin Dawn Plc [2025] EWHC 406 (Ch) What are the practical implications of this case? This decision confirms that a debtor cannot fend off winding-up or bankruptcy petitions merely by disputing the sum claimed or pointing to set-offs or counterclaims exceeding the petition debt, in order to resist such relief. The court will interrogate the parties’ material in depth, weighing what is produced on both sides, and will apply an approach comparable to that used on a summary judgment application when assessing whether there is a real defence. While recognising that conspiracies are typically concealed and often difficult to evidence directly, a litigant advancing such an allegation must still produce some evidential foundation for it, particularly where the contention is not inherently convincing or appears improbable on its face. The ruling underlines that English courts are hesitant to imply terms into negotiated bargains, especially where the agreement operates perfectly sensibly without the addition and...

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal changes to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) made by the Criminal Procedure (Amendment) Rules 2024, SI 2024/62, which came into force on 1 April 2024. The amendments comprise: extending live link direction provisions to extradition proceedings; additional and revised rules for correcting court records; re-drafted confiscation rules, including new provisions to meet requirements imposed by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023); amended rules on cost orders in restraint proceedings; and updated rules on disclosure management, witness companions, and applications to vary conditions of pre-charge bail. Live links In August 2022, the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815, introduced various provisions supplementing statutory powers in the Police, Crime, Sentencing and Courts Act 2022 (PCCSA 2022) to direct the use of a live link in criminal proceedings. Comparable amendments for extradition under the...

Practice Note: FAQs on service under Regulation (EU) 2020/1784 (Service Regulation, recast) This Practice Note summarises frequently asked questions and responses on serving judicial and extra‑judicial documents under Regulation (EU) 2020/1784 (Service Regulation, recast). For comprehensive guidance on the regulation’s provisions, see Practice Note: The Service Regulation (recast). Accessing the forms required from Annex I Question: Where can I obtain Word versions of the forms to be completed? Answer: Word versions are not provided. The forms should be completed online via the European e‑justice website using the links to the online forms. PDF versions are available in the same location. Acknowledgement of receipt equivalent Question: When using the postal service, what counts as an equivalent to the acknowledgement of receipt document? Answer: The Court of Justice addressed this in Henderson v Novo Banco (2017) under the earlier Service Regulation (predecessor to the recast). It held that service is valid where the acknowledgement of receipt is replaced by an equivalent document, namely one offering...

This Practice Note This Practice Note sets out the employment tribunal’s discretionary power to revisit (or review) its own judgment, explaining when that power is engaged and the manner of its exercise. It summarises the overarching principles guiding the discretion and the relevance of comparable Civil Procedure Rules (CPR 3.9, CPR 1.1) where a judgment imposes sanctions for breaches of tribunal rules or orders... Guidance on the trigger points and process for reconsideration Consideration of analogously relevant CPR provisions in sanction cases Reconsideration of Rule 22 judgments The difference between judgments and case management orders, and routes to clarify or set aside a case management order How a party may apply for reconsideration and the range of potential outcomes The power to correct clerical slips in tribunal documents A party dissatisfied with an employment tribunal’s judgment may, in defined circumstances, appeal—typically to the Employment Appeal Tribunal (EAT) (see: EAT—overview). In certain specified situations, however, the party may instead...

Where an individual holds British citizenship as well as citizenship of an EU Member State and is arriving in the UK, the passport that should be used for entry is their British passport. This serves to confirm that they possess the right of abode in the UK in their capacity as a British national. See Q&A: What is the law that governs the entry of British citizens to the UK and in particular, what documentation they must provide to an immigration officer as evidence of their nationality? Comparable considerations are likely to arise for their admission to the EU Member State of which they are a national, subject to the domestic law of that state...