Forbes Blog

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

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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

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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.

 

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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.

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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

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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

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Forced Marriage, successful prosecution – jail sentence of 4 years

A mother who had forced her 17 year old daughter to marry a 36 year old in Pakistan in September 2016 has been sentenced today at Birmingham Crown Court.  The court concluded that the daughter had been sold for her passport.  The jury heard that the daughter had protested against the marriage however her mother assaulted her and threatened to burn her passport.

The criminal proceedings above mark the first successful prosecution of forced marriage.

The Anti-Social Behaviour, Crime and Policing Act 2014 made it a criminal offence to force one or more people to marry against their will. Despite this, forced marriage sadly is still an issue in the UK.  In 2008, Forced Marriage Protection Orders were introduced in England, Wales and Northern Ireland under the Forced Marriage (Civil Protection) Act 2007. The aim of these orders is to protect adults or children who are being forced into marriage or are already trapped in a forced marriage against their will.

At Forbes, we understand how serious the matter of forced marriages still is across the UK, and our team of expert solicitors are here to help. For further information about any aspect of forced marriage contact our Family team via email or phone 0800 689 1058. Alternatively send any question through to Forbes Solicitors via our online Contact Form..

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Joint Tenants v Tenants In Common

When a property is owned by more than one person/entity then it needs to be decided exactly how the parties are to hold the property. This may seem like a strange question, but in reality it can be very important. Read more

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What to do if you have Asbestos in a Commercial Property

Have you ever thought who may be responsible for maintaining all or part of your business premises in relation to asbestos?

It is illegal to use any form of asbestos in the construction or refurbishment of any buildings. Much of what was previously used however is still in place. The current key legislation includes the Control of Asbestos Regulations 2012 (CAR 2012) which came into effect on 6 April 2012, reducing and replacing with minor modifications. The Control of Asbestos Regulations 2006 (CAR 2006) and the responsibility will most likely be yours or the landlord depending on the terms of the Lease. Read more

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New President of Family Division

Sir James Munby, who is the current President of the Family Division, retires on 27 July, handing over the baton to Sir Andrew McFarlane who is a Court of Appeal Judge. Read more

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