A class action brought in the UK by campaign group “Google You Owe Us” was blocked in the High Court yesterday (Monday 8th October 2018). They allege that in 2011/12 Google bypassed privacy settings on Apple iPhone handsets and collected data about millions of people in contravention of the Data Protection Act 1998. The High Court was told that the information collected by Google included data about race, sexuality, political leanings and social class.
Yesterday (10 July 2018) the UK Information Commissioner, Elizabeth Denham, published a progress report in relation to her office’s investigation into the use of data analytics in political campaigns. This investigation has focussed on Facebook and Cambridge Analytica. The Information Commissioner’s Office (ICO) has said it intends to fine Facebook £500,000 for two breaches of the Data Protection Act 1998. This is the maximum fine that can be imposed under that legislation. However, the position could have been much worse for Facebook.
The Information Commissioner’s Office (ICO), the regulator responsible for policing the current legislation, has had difficulty enforcing the current legislation. Since 2010, of the £17.8 million in fines that it has imposed, for the making of nuisance calls and the sending of nuisance emails and texts, only just over half have been paid. The ICO’s efforts have been hampered by some of the companies it has fined going into liquidation rather than paying their fine.
You should not forget the other obligations that companies have under the Companies Act 2006 (CA 2006), such as, the obligation to keep a register of persons with significant control (PSCs).
A story very much in the headlines at the moment is the hacking of Uber’s computer system.
A private company limited by shares is a legal entity that has no physical presence. It can only act through its directors and at least one of them must be a natural person. So what happens when the sole director of a company dies? How will the company continue to trade if there is no officer to act on its behalf?
A consumer is a person who purchases goods, services or digital content for their personal use and not as part of their business, profession, trade or craft. Law considers consumers to be in a weaker bargaining position in relation to traders and therefore offers them broader protections in an effort to bring balance to the trader-consumer relationship.
One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.
British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.
During the life of a Court dispute, it is often the case that parties will be asked to grant an extension or will be seeking an extension of time to take a particular step. What should you do?
The law provides greater protection for consumers when they enter into contracts with businesses than it does when businesses contract with other businesses.
Residential care home clients are invariably “customers” and not businesses. So these additional protections need to be kept in mind when drafting and preparing the contractual terms which are to govern the relationship between the residential care home and its residents.
The basic position is that for claims which have been allocated to the Small Claims Track, usually with a monetary value of less than £10,000, the Court will not order a party to pay fees or expenses to the other party, subject to certain exceptions.
One of those exceptions is if the Court thinks a party has behaved unreasonably.
Landlords and Tenants should take heed of the importance of complying with the legal requirements centring around the protection of tenancy deposits.
As most Landlords will be aware, any deposit paid in connection with an Assured Short-hold Tenancy since 6th April 2007 must be registered with an authorised Tenancy Deposit Scheme. The Tenant must be provided with prescribed information within 30 days of receipt of the deposit. Landlords are required to register the deposit within 30 days of receipt.
Each year, thousands of Brits are cold called or approached in the street to be hailed as “competition” winners or presented with offers of “free holidays”. The catch being you have to attend a presentation in order to claim your “prize”.
The presentation is a high pressure sales pitch which can last several hours with many people finding it difficult to leave without signing up for a Timeshare, a decision they often later live to regret.
On 1st October 2017, a Pre-Action Protocol (PAP) for debt recovery claims will come into force.
The PAP applies to any business, including sole traders and public bodies, claiming payment of a debt from an individual, including a sole trader.
Contracts are the lifeblood of any business. You cannot sell a good or a service without one. Every business has to contract if it is to survive and succeed.
Despite this reality, often not nearly enough attention is paid to making sure that appropriate terms and conditions govern the contracts that are entered into.
The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions detailed below applies.
It is important to note that the Regulations will not apply to properties that are not required to have an EPC or where a property is let for a period of less than six months or for a term of more than 99 years.
This is the right to extend your residential flat lease by 90 years on top of the unexpired term of your existing Lease. The new Lease will be at a peppercorn rent (e.g. no ground rent is payable) and will generally be on the same terms as the existing lease.
To qualify for this right, you must have been the registered owner of the flat at the Land Registry for at least two years and the original term of your lease must be in excess of 21 years.
There are a number of exclusions that will prevent you from exercising this right such as your Landlord being a charitable housing trust. You should therefore contact us to assess your own individual eligibility.
It is commonplace for a legal professional to request proof of identification from their client at the beginning of any legal transaction. For a conveyancer, verifying their client’s identity is a particularly heavy burden to bear. Not only does a conveyancer owe a duty of care to their client, but also to their client’s lender…
As a Landlord of either a Commercial or Residential Property, from 1st April 2018, any properties rented in the private sector must have a minimum energy performance rating of E or above on their Energy Performance Certificate (EPC) under the Minimum Energy Efficiency Standards Regime (MEES).
Linder Myers Solicitors has acted for Peter Sedgwick and his family on the Blackpool Pier acquisition which was on the market for a total consideration of £8.1 million.
All three of the resort’s iconic piers are now owned by Peter Sedgwick and his family following their acquisition of the town’s North Pier in 2011.
The team at Linder Myers Solicitors was led by partner and joint head of commercial property, David Stratton.