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A B C D E F G H I J K L M N O P R S T V W Y

Blogs

Palin - v - The New York Times

Various news agencies have recently reported that the former republican vice-presidential candidate Sarah Palin has commenced legal proceedings in the United States of America against the New York Times for defamation, seeking in excess of $75,000.00 USD.

Back in February 2016, we wrote about the implications of Arnold v Britton [2015] UKSC 36 on contractual interpretation, after the UK Supreme Court (UKSC) heard three important cases relating to contract law in 2015.

The UKSC has now had further opportunity to clarify the law regarding the interpretation of contracts with the recent case of Wood v Capita Insurance Services Limited [2017] UKSC 24, in a decision which seeks to tie together the various principles of interpretation.

It’s here…the Official Warning

“Under the power in section 75A1(b) of the Charities Act 2011 the Charity Commission for
England and Wales (“the Commission”) issues the following

OFFICIAL WARNING

to

The National Hereditary Breast Cancer Helpline – 1150183

This summer marks 50 years since the release of The Beatles’ album Sgt. Pepper’s Lonely Hearts Club Band, and whilst one of the songs on the album talks about getting by with a little help from my friends, sometimes providing that help can end with a professional in court.

As Brexit negotiations begin to get underway, and the country takes stock of the announcements made during the Queen’s Speech on 21 June, one topic that is at the forefront of discussion in many businesses is data protection.

The EU’s General Data Protection Regulation (GDPR), set to come into force on 25 May 2018, spells big change for businesses globally and introduces a new framework of rules that has received a mixed reception.

Take note that the Information Commissioner’s Office (ICO) has published an updated code of practice on subject access requests (SARs).

The update comes following recent Court of Appeal judgments in the cases of Dawson-Damer and others v Taylor Wessing LLP [2017] EWCA Civ 74 and Ittihadieh v 5-11 Cheyne Gardens RTM Company Ltd and Others [2017] EWCA Civ 121.

The main update relates to the obligations on data controllers in responding to SARs in relation to the "disproportionate effort" exception and SARs made for collateral purposes.

Over the past couple of weeks an interesting case arising out of the Court of Appeal, Civil Division, has been reported concerning a divorce and whether the assets of a charitable trust might fall to be considered as part of the financial settlement between the husband and wife.

There is never a shortage of press coverage on the growing difficulties of getting on to the property ladder – as house prices continue to sky rocket the average age for first time buyers continues to increase - currently standing at 30 years of age. What’s more, there is growing dependence on “The Bank of Mum and Dad” – roughly 34% of first time buyers have been financially assisted by their parents.

The latest published statistics show a 14% increase in the number of disputes at the High Court involving FTSE100 banks, but a reduction in the number of defamation claims at Court.

The research of Thomson Reuters records that 179 cases involving FTSE100banks were in the High Court in the year 2015/2016, more than double the number from 2013/2014. Many cases will involve the fall-out from the mis-selling of derivatives and interest rate hedging products (IRHP).  The Financial Conduct Authority (FCA) has reported that the banks have completed their reviews of IRHP claims and are now dealing with consequential loss parts of the claims. 

In March 2016 the Charity Commission exercised its permanent protective powers under section 79(2)(a) of the Charities Act 2011 to remove the “principal trustee” of The Catalyst Trust following misconduct and mismanagement identified within the administration of the charity.

The initial operational compliance case was opened in October 2013, following a complaint from a member of the public that the charity's rental income was being paid to a third party, rather than to the charity itself.

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