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Data protection and direct marketing: nuisance calls and texts

From 6 April 2015, the DPA 1998 will be amended to remove the need to prove “substantial damage or substantial distress” before the ICO can take action in respect of unsolicited direct marketing communications, including calls (automated or live), faxes, texts and emails.

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Posted in: Corporate / commercial updates

Disability discrimination: non-payment of bonuses

Following a case in the Employment Appeal Tribunal (EAT), employers with bonus schemes that are linked to attendance should ensure that there is sufficient flexibility within the schemes to avoid withholding payment in circumstances where it is likely to be discriminatory.

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Posted in: Employment Law

Cyber security: ICO fine for failure to keep personal details secure

The Information Commissioner’s Office (ICO) has published the monetary penalty notice it has issued to Staysure.co.uk Ltd, a specialist online travel insurer, imposing a fine of £175,000 for failing to keep customers’ personal information secure, in breach of the Data Protection Act 1998 (DPA 1998).

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Posted in: Corporate / commercial updates

Landlord and tenant: service charges

Landlords with a large portfolio of properties often have an agreement with one contractor to provide services to several properties within the portfolio. A decision from the Upper Tribunal (Lands Chamber) emphasises the need to keep separate accounts for each property and to pay regard to the detail of the lease.

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Posted in: Commercial Property

Transferring copyright by assignment

A High Court case provides a useful reminder to anyone seeking a transfer of intellectual property rights to obtain a copy of the assignment that has been signed by the assignor.

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Posted in: Corporate / commercial updates

Liability for business rates during property refurbishment

Owners of vacant non-domestic premises that are undergoing refurbishment should take note of a recent Court of Appeal judgment.

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Posted in: Commercial Property

Can you change your hairdressers into a café or your shop into a cinema without planning permission?

New rules relating to permitted development rights and planning procedures came into force on 15 April 2015 which could potentially lead to noticeable changes in our town and city centres.

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Posted in: Commercial Property

Growers face tighter limits on water abstraction

Farmers and growers renewing water abstraction licences could face a reduction in the volume of water they are licensed to take.

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Posted in: Agriculture

Landowners put in ‘strong position’ by consistent solar rents

Solar rents have remained relatively high in recent years due to limited grid capacity and consistent demand for sites. This is putting land owners in a strong position, according to some land agents.

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Posted in: Agriculture

RPA suspends online claims system in favour of paper forms

The Basic Payments Scheme (BPS) online system for England was suspended in March 2015 due to ‘technical problems’. As a result, farmers have been invited to finalise claim applications using ‘tried and tested’ paper forms instead.

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Posted in: Agriculture