header-logo header-logo

12 September 2014 / Roderick Ramage
Issue: 7621 / Categories: Features , Wills & Probate
printer mail-detail

It’s e-material!

Roderick Ramage discusses the property characteristics of “e-material” & shares a new precedent

Computer hardware is a personal chattel as defined in the Administration of Estates Act 1925, s 55(2)(x) as altered from 1 October 2014 by the Inheritance and Trustees’ Powers Act 2014, but not if used by the deceased solely or mainly for business purposes. The physical devices (memory sticks, CDs, floppy discs, external hard discs etc) are capable also of being personal chattels, again subject to the business test. The programs and all data files (documents, images, sound etc), even if stored on a computer or a device which is a personal chattel, cannot be personal chattels, because they are not tangible property. The programs accessed in the cloud (almost certainly) and the data placed in the cloud files (quite possibly but still unsettled) are not the property of the person who uses them and, in the case of data files placed them there; see work by Queen Mary University of London. Therefore, the property characteristics of “e-material” are not altogether clear

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
back-to-top-scroll