Forbes Blog

Mine and Mineral Rights Indemnity Insurance Policy – Is It Always Required?

Developers installing foundations, carrying out groundwork and any earthmoving works may involve going through or removing a mineral layer. If that mineral layer is owned by someone else, piercing it will be a trespass against the minerals owner. This could lead to a liability for damages or, more worryingly, could lead to an injunction to stop work on the site. Read more

Posted in Housing & Regeneration (Property) | Leave a comment
Tagged ,

“Is discrimination a consideration for planning permission and how does this affect affordable housing?”

In the recent case of R (on the application of Peter Buckley (on behalf of Foxhill Residents’ Association)) v Bath & North East Somerset Council (and Curo Places Limited (interested party)) (2018), the High Court quashed an outline planning permission as it was held that Bath & North East Somerset Council (the “Council”) had not considered the impact on groups with protected characteristics of the loss of their existing home as the planning permission resulted in the reduction of the number of affordable homes in the area. Read more

Posted in Housing & Regeneration (Property) | Leave a comment
Tagged , ,

We don’t talk anymore – Sir Cliff Richard wins privacy case against BBC

Sir Cliff Richard has today won a privacy case against the BBC over its coverage of a police raid of his home, the High Court awarding the singer £210,000 in damages.

Richard, who sued both the BBC and South Yorkshire Police, claimed that the BBC’s reporting of the 2014 raid was a ’serious invasion’ of his privacy rights. Of note, Richards was never arrested or charged over the alleged offences (innocent until proven guilty). Read more

Posted in GDPR, Uncategorised | Leave a comment
Tagged , , , , , , , , ,

Facebook and the Cambridge Analytica Fine – A Huge GDPR Warning

Social network giants Facebook have this week been issued with the maximum £500,000 fine for its role in the Cambridge Analytica scandal, which saw users’ data being harvested and subsequently exploited for targeted political marketing.

Following the much publicised investigation, the Information Commissioner’s Office (ICO) has concluded that Facebook has been responsible for two separate breaches of the 1998 Data Protection Act; first that it failed to properly safeguard its users’ information, and second that it failed to be transparent once it was aware that data had been harvested.

Read more

Posted in GDPR, Uncategorised | Leave a comment
Tagged , , , , ,

Facing Your Domestic Abuser in Court

In the Family Courts, victims of domestic abuse often have to face their abuser in Court, this can be very stressful and traumatic for them.  Katie Ghose, Chief Executive of Women’s Aid has said that this can allow the perpetrator to continue abusing.  She stated that the cross-examination of victims by their abusive former partners in the Family Courts is too common.[1] Read more

Posted in Family Law | Leave a comment
Tagged , , , ,

Property Transactions Involving Pension Schemes: Capital Allowances Considerations

An issue that should be considered by the parties in all property transactions is the impact of any capital allowances, which can be claimed over expenditure on “plant and machinery” in a property as a means of saving tax. Although a pension scheme is a non-tax-paying entity, enquiries should still be made into potential capital allowances claims whether the pension scheme is acquiring or disposing of a property. Read more

Posted in Commercial Property, Property Law | Leave a comment
Tagged , ,

GDPR in the Insurance Sector – what has changed?

Having been looming on the horizon since 2016, GDPR and the Data Protection Act 2018 are now in full force and effect. Insurers, claims handlers, loss adjustors, and solicitors all handle vast quantities and categories of personal data relating to claimants, defendants, witnesses, experts, their own employees (even judges) and so on, and therefore need to be aware of what has changed.

Will the new rules impact how we defend claims or detect fraudulent claims? Yes… and no.

 

Read more

Posted in GDPR, Personal Injury, Uncategorised | Leave a comment
Tagged , , , ,

Happy GDPR Day! General Data Protection Regulation comes into force today

The General Data Protection Regulation (GDPR) came into force in the UK today and will apply to all ‘controllers‘ and ‘processors‘ of ‘personal data’.

The GDPR is a substantial and ambitious piece of legislation which aims to overhaul attitudes towards the handling of personal data. The reform will introduce concepts such as the right to be forgotten, data breach notification and accountability as well as requiring a higher standard of consent.

Read more

Posted in GDPR, Uncategorised | Leave a comment
Tagged , , ,

ICO Flexes its Muscles in Warm-up for GDPR – Double offender fined £325,000

The current cap on Monetary Penalty Notices for Data Protection Act 1998 breaches is £500,000. That cap is going up to EUR 20,000,000 tomorrow with the coming into force of GDPR and the Data Protection Act 2018 and, to celebrate the imminent increase in its powers, the Information Commissioner’s Office has been flexing its muscles.

The Crown Prosecution Service has been given a substantial £325,000 fine from the ICO for a second data breach, despite having been fined £200,000 in November 2015 for a breach of a similar nature.

The CPS lost encrypted DVDs containing footage of 15 victims of child sexual abuse. The DVDs were left in a shared reception in Nov 2016 without tamper-proof packaging during silent hours and consequently lost, although this was not discovered for a month. Victims were not told of the loss until months later in March 2017.

The DVDs are still currently missing, although the CPS has rolled out a digital transfer system for such evidence to prevent future breaches. Read more

Posted in Corporate & Restructuring, GDPR, Uncategorised | Leave a comment

It’s official! Data Protection Act 2018 given Royal Assent today

Today, the Queen gave Royal Assent to the Data Protection Act 2018, which was first announced in the Queen’s Speech on the 21st June 2017, as mentioned in a previous blog. The new act comes into effect on Friday 25 May 2018.

The previous legislation – the Data Protection Act 1998 – which we all know and love, has served us well and placed the UK at the front of global data protection standards. In its place, the Data Protection Act 2018 modernises the protection of personal data in the UK in a way properly addresses our increasingly digital economy and society. As our Information Commissioner, Elizabeth Denham, blogged and tweeted earlier today, this is a data protection law that is built to last. Read more

Posted in Corporate & Restructuring, GDPR, Uncategorised | Leave a comment