News
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ISPs can be ordered to block customers’ internet access - New ECJ ruling welcomed by copyright owners
In a landmark ruling the European Court of Justice (ECJ) has ruled that Internet Service Providers (ISPs) can be ordered to block customers’ access to websites containing…
Posted on 27 April, 2014 by Ortolan
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Lien claimed over database fails - Court rules regarding intangible assets
In a recent case the Court of Appeal held that it was not possible for a service provider to exercise a common law lien over a database. The ruling will be welcome to many…
Posted on 27 April, 2014 by Ortolan
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Goodbye to the OFT and the Competition Commission - Regulators have closed their doors
The start of April saw the end of the Office of Fair Trading (OFT) and the Competition Commission as part of the Government’s continued overhaul of competition and consumer…
Posted on 27 April, 2014 by Ortolan
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Retention of Title - How effective are your retention of title clauses?
It is often the case that a company will not have cause to review its retention of title clauses until it tries to enforce them against an insolvent company. Reviewing your…
Posted on 27 April, 2014 by Ortolan
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Commercial Rent Arrears Recovery ("CRAR") - New rules replace the ancient remedy of distress.
The basic procedure for CRAR is set out in the Tribunals, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013 which came into force on 6 April.The…
Posted on 27 April, 2014 by Ortolan
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Careful Drafting - A reminder to landlords to take care when drafting notices for possession of property
In the recent case of Masih, R (on the application of) –v- Yousaf [2014] EWCA Civ 234 the Court of Appeal considered the landlord's failure to include formal wording…
Posted on 27 April, 2014 by Ortolan
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Implementation of a single County Court - Founding of a new national entity
On 22 April 2014 the geographical jurisdictional boundaries between the County Courts disappears and a single County Court is established.At the moment, each County Court is a…
Posted on 27 April, 2014 by Ortolan
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Case update - ECJ ruling on surrogacy arrangements
The European Court of Justice has held that a commissioning mother, who receives a child via a surrogacy arrangement, does not have the right to maternity leave.The court…
Posted on 27 April, 2014 by Ortolan
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Early Conciliation - Mandatory referral to ACAS
From 6 May 2014 a Claimant must make an Early Conciliation notification to Acas before issuing a tribunal claim. To prepare for this change, early conciliation will be…
Posted on 27 April, 2014 by Ortolan
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April - A time for change....
A number of employment legislation changes take place in April. There are changes to a variety of financial awards including statutory sick pay, maternity, paternity and…
Posted on 27 April, 2014 by Ortolan
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Consumer Contracts - New Regulations coming into force
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) will shortly come into force. The Regulations will apply (with some…
Posted on 27 April, 2014 by Ortolan
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Small premises? Small Business Rate Relief
If you are a small business and considering taking a lease of new premises which are likely to have a low rateable value, ask your landlord exactly what the rateable value is…
Posted on 18 March, 2014 by Ortolan
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Online Defamation - Useful Guidance Regarding Website Operators' Liability
The Defamation Act 2013 came into force at the start of the year. Its aim is to update libel laws to provide a balance between the protection of free speech and allowing those…
Posted on 18 March, 2014 by Ortolan
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Mandatory ACAS Pre-Claim Conciliation
Mandatory conciliation is another attempt by government to reduce the number of claims actually brought into the Tribunal. The scheme which aims to work alongside the…
Posted on 18 March, 2014 by Ortolan
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Pensions Auto Enrolment - 50-249 Employees?
You may be aware the concept of auto enrolment has seen huge changes in the world of pensions and businesses. Auto-enrolment will ultimately mean an employee has to opt out…
Posted on 18 March, 2014 by Ortolan