Archive for March, 2011

Judge refuses to require online newspaper to disclose anonymous posters’ details over ‘pub talk’ comments after article– Clift v Clarke, High Court

3 March 2011 | Paul Gershlick

After Ms Clift had successfully sued Slough Council for defamation proceedings, the Daily Mail newspaper ran a story about the case. In correspondence, Ms Clift described the newspaper’s report as excellent....

Tags on this discussion: defamation disclosure High Court HRA Human Rights Act Internet libel Norwich Pharmacal Order Online online content privacy proportionate right to privacy web web site web sites Website website content websites

Hounslow Council fined £70,000 simply for failing to have written contract in place with data processor

3 March 2011 | Paul Gershlick

The Information Commissioner’s Office – the UK’s data protection regulator - has fined two more councils a combined £150,000 following the theft of two laptops containing sensitive personal data...

Tags on this discussion: breach data data controller data processor data protection data protection act data protection directive Data Provider data security data subject data theft DPA fine host hosting ICO Information Commissioner Information Commissioner’s Office misuse of data personal data security breaches sensitive personal data serious breach web site web sites Website websites

Britons are needlessly paying billions in tax – are you one of them?

3 March 2011 | Iain Donaldson

The professional advice website unbiased.co.uk has recently published its 19th annual Tax Action Report and, according to its findings, British taxpayers are set to unnecessarily hand over £13.5bn to...

Tags on this discussion: HM Revenue & Customs HMRC tax Tax Action Report Tax Planning Taxation Trusts unbiased.co.uk Wills

The Agency Workers Regulations – is your business ready for them?

3 March 2011 | Michael Oberwarth

With the Agency Workers Regulations 2010 (AWR) coming into force on 1 October 2011, newly-published research by recruitment company Randstad has suggested that many UK employers are unprepared for their...

Tags on this discussion: agency workers Agency Workers Regulations Agency Workers Regulations 2010 Employees Employers Randstad seminar Shifting Sands Temporary workers

How difficult is it to gift a share?

3 March 2011 | Samantha Lloyd

Background How difficult is it to gift a share? This was the question asked by Lady Justice Arden in her judgment in Shah v Shah [2010] EWCA Civ 140. The case considered whether or not a letter accompanied...

Tags on this discussion: corporate gift registration shares transfer trust

Undue influence – again?

3 March 2011 | Clare Stothard Comments Off

This case dealt with very familiar arguments which a wife may raise when a bank seeks to enforce a guarantee and legal charge against her. In September 2001, Mrs Chandra gave a guarantee in favour...

Tags on this discussion: banking banks charge guarantee misrepresentation mortgages retail banking undue influence

OFT says key thing is what consumer expects when considering fairness of terms

2 March 2011 | Mark Weston

The Office of Fair Trading has promised to clamp down on unfair consumer contracts. It said that in the vast majority of cases where consumers had had a problem with the consumer contract, there were surprises...

Tags on this discussion: commercial agreement commercial agreements Commercial contract commercial contracts consumer consumer agreement consumer contract consumer detriment consumer law Consumer Protection from Unfair Trading Regulations consumers CPUTR fair fairness Office of Fair Trading OFT small print standard terms and conditions Terms & conditions unfair Unfair Commercial Practices unfair contract terms unfair contract trading unfair terms Unfair Terms in Consumer Contracts Directive unfair trading

Government slams proposed EU 28th contract law regime as the Esperanto approach

2 March 2011 | Paul Gershlick

The Government has called a European Union proposal for an alternative voluntary new legal system for contract law as the Esperanto approach. This comment came in a response to a European Commission consultation...

Tags on this discussion: agreement agreements B2B B2C business-to-business business-to-consumer businesses commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law contract contract law contracts EU Europan Parliament Europe European Commission European Union Internet Online online content online trading single market web web site web sites Website website content websites

The Mortgagee Protection Clause in Shared Ownership Leases

2 March 2011 | Richard John

For those of you who have no idea what I am referring to, a while ago, I was in the same position. Shared ownership leases should contain a Mortgagee Protection Clause (MPC) to protect the mortgage...

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Archive for March, 2011

Judge refuses to require online newspaper to disclose anonymous posters’ details over ‘pub talk’ comments after article– Clift v Clarke, High Court

Hounslow Council fined £70,000 simply for failing to have written contract in place with data processor

Britons are needlessly paying billions in tax – are you one of them?

The Agency Workers Regulations – is your business ready for them?

How difficult is it to gift a share?

Undue influence – again?

OFT says key thing is what consumer expects when considering fairness of terms

Government slams proposed EU 28th contract law regime as the Esperanto approach

The Mortgagee Protection Clause in Shared Ownership Leases

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