The free flow of data between the UK and the EU of course remains vital not only for effective law enforcement cooperation but also for trade and economic relations. Notwithstanding partial Brexit, currently the transfer of criminal investigation and commercial data is based on an EU adequacy decision, the UK GDPR, the EU Law Enforcement Directive, and the EU Commission’s processes. However, the adequacy direction expires next year, and there may be a divergence between the EU and UK data protection regimes. The House of Lords European Affairs Committee, chaired by Lord Ricketts, has launched an Inquiry into EU-UK data adequacy possible challenges to the adequacy regime, the factors that will influence a future  EU adequacy decision, and the implications should that decision be negative. Written evidence is sought by 3^rd May, and there will be public evidence sessions over the next 3 months, with a view to a Report by July 2024.

When does time start to run for limitation purposes on interest on costs where the order is for costs to be assessed? Not until the costs are assessed and become due, payable and enforceable, say the Court of Appeal in DEUTSCHE BANK v SEBASTIAN HOLDINGS ( 2024 ) EWCA Civ 245.

There is a well-established general presumption that changes to procedure apply not only to future proceedings but also to pending proceedings. This is because a procedural change is expected to improve matters and support the better administration of justice. Alterations in the form of procedure are always retrospective, unless there is some good reason or other why they should not be. A litigant has no right to complain that procedure is changed during the course of litigation unless it causes unfairness or injustice.

How fairness determines such retrospective application depends on several factors. These include the value of any rights which the new rule affects and the extent to which that value is diminished or extinguished. Light may be shed by consideration of the circumstances in which the legislation was enacted.

The essential question in MELKI v BOUYGUES ( 2024 ) EAT 36, at paras 25-29 inclusive, was whether changes to the Employment Appeal Tribunal Rules applying to pending proceedings was so unfair that the that the words used in the statutory instrument cannot have been intended to mean what they might appear to say. That was simply that the new Rules came into force on a specified date, without any transitional provision. The Rules had been amended to improve the fairness and justice of consideration of incomplete Notices of Appeal. The previous Rules were amended as they were too rigid in cases of minor errors and led to potential unfairness. The new Rule was proposed to draw a better balance between parties.

Whether it be the EAT Rules or the CPR Rules, Rules change from time to time. Unless a transitional provision is included stating the opposite , or unless there is more than modest unfairness to the respondent, the new provision applies to all litigation from the date it is expressed to come into force. There is no absurdity about the test being different before and after that date.

In R ( HXN ) v Redbridge LBC ( 2024 ) EWHC 443 ( Admin ) the Administrative Court ruled that Section 42(2) & (6) in Part 3 of the Children and Families Act 2014 a duty on local authorities that maintained an Educational, Health and Care Plan ( EHCP ) to ENSURE that a child was provided with the special education provision specified in the EHCP. It is an ABSOLUTE and NON-DELEGABLE duty. There is no “ best endeavours “ defence. A MANDATORY ORDER may be made to enforce the authority’s performance of its statutory duty and bring its breach of duty to an end. The principles in R ( Imam ) v Croydon LBC ( 2023 ) UKSC 48, relating to an authority’s duty under housing legislation, applied 9 ( para 93 ).