April 2019 Archive

Failure to provide Gas Safety Certificate before Residential tenancy occupation prevents possession claims

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Two recent cases have confirmed that, in England, a residential landlord who fails to provide to his tenant a gas safety certificate in respect of any supply of gas to the property before occupation pursuant to an assured shorthold tenancy under the Housing Act 1988 ("the 1988 Act") cannot subsequently successfully terminate the tenancy under section 21 of the 1988 Act, even if he provides such a certificate before serving the requisite notice seeking possession. More …

Right to Manage Consultation

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In December 2018 the Law Commission published a consultation paper on reform of the Right to Manage ("RTM") legislation: "Leasehold home ownership: exercising the right to manage", available here. The paper is one part of a wider investigation into proposed leasehold reform, as a result of earlier consultations having identified various problems with leasehold reform legislation. The Law Commission has been tasked with improving consumer choice and providing greater fairness and transparency for leaseholders. More …

What is a Post-Nuptial Agreement?

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In recent years, post-nuptial agreements appear to have become more popular. An agreement dealing with finances after a marriage may seem novel to some, unromantic even, but for those who choose to obtain such a document, they can be both a practical and logical step. More …

Brexit and your trade marks: "sharp practice"

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The UK Parliament is now in recess for Easter and with that the ongoing Brexit situation is paused. As it stands the UK will leave the EU after 31 October 2019 unless a further extension, to Brexit, is agreed or an agreement is reached with the EU as to the deal on which the UK will leave. More …

Digital Marketing Agency Bisnode fined by the Polish DPA for failing to be transparent with data subjects when creating a large decision support database

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Poland's data protection agency, the national Personal Data Protection Office (UODO) has issued its first fine for non-compliance with the General Data Protection Regulation (GDPR). More …

Continuing the call for certainty for unmarried cohabiting couples

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The cohabiting family is the second largest family type in the UK, representing 3.3 million families, and growing. But this popular form of family type suffers from a legislative gap in the UK, we look in more detail. More …

No-fault divorce in the headlines again

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Justice Secretary David Gauke has announced that no-fault divorce will be introduced as soon as parliamentary time becomes available. More …

Digital copyright: AI and Blockchain

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Copyright law is being challenged by disruptive technologies such as AI and blockchain, themes explored by our Partner Simon Stokes in the recently published fifth edition of his book, Digital Copyright. More …

GDPR – Don't forget to pay your Data Protection Fee to ICO

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There was a flurry of activity last year as UK organisations took steps to comply with the General Data Protection Regulation (GDPR) by 25 May 2018. Although the GDPR is a piece of European legislation it will remain in force whatever shape Brexit takes. More …

Does time standstill?

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A recent High Court decision renders the use of standstill agreements as inappropriate for "out of time" Inheritance Act claims. More …