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Justin Emerson
 

Will housing market slow-down effect landlords and their tenants?

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For years, homeowners have come to expect that their property value will increase. But headlines predicting a housing slump are backed by figures that show a sustained slow-down of activity in the housing market and a dip in the rate of growth for house...

How to prove you have been the victim

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According to the Office for National Statistics most recent report on crime in the UK, there has been an unprecedented rise in the number of computer crime and identity theft incidences. The 2017 crime statistics survey estimates that there were 3.4 million...

Can't pay - Can they really take it away?

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The popularity of programmes showing the daily workings of high court enforcement officers has thrown into sharp relief the sheer amount of personal debt in the UK today. According to figures released by the Money Charity, it’s estimated that the...

Christmas caution on sharing personal information

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Christmas Day has been the biggest day of the year for online and app downloads in recent years, as users set up the new devices they’ve received as presents, and 2015 is expected to maintain the tradition. Apple announced the billionth download from...

New thresholds for bankruptcy petitions

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On 1 October 2015, the threshold debt needed for creditors' bankruptcy petitions was raised. On the above date the Insolvency Act 1986 (Amendment) Order 2015 amends section 267(4) of the Insolvency Act 1986. The effect of this is that the threshold debt...

Assured shorthold tenancies: changes to section 21 notices

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Landlords should be made aware of changes to the section 21 notice procedure that came into force on 1 October 2015. They place further restrictions on when a landlord can serve and enforce a section 21 notice in relation to residential properties let on...

Data protection and direct marketing

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Businesses that use and rely on third party marketing lists should take note of a First-tier Tribunal (Information Rights) decision relating to breach of the Privacy and Electronic Communications Regulations 2003. The tribunal upheld the Information...

Sanctions for copyright infringement

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Two recent cases provide warnings to businesses on the sanctions that can be imposed for copyright infringement: In the first case, the High Court passed a 28-day custodial sentence suspended for 12 months on a nightclub owner for copyright infringement....

Consumer Rights Act 2015: Remedies

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This article seeks to explore the remedies available to consumers under the Consumer Rights Act 2015 which came into force in October this year. The CRA sets out the remedies to consumers in a tiered approach. It is expected that this simplified procedure...

Supreme Court reassesses remedies in nuisance cases

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The move which will be greeted with relief by developers, who have long been nervous about the potential for injunctions to be granted against them preventing the progress of their project or requiring them to demolish their work. This particular case...

British Music Industry successfully sink online pirates

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The Internet Service Providers (ISP’s) were asked to take this action in accordance with a court order successfully obtained by the BPI which represents the British music industry. This follows similar orders made against high profile sites such...

Out of Court settlements on the increase

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This could be a result of costs budgeting as parties see the potential overall cost of litigation at an early stage. Judges and litigators have found that many cases have settled after the parties see the costs budgets. The fact that open and early costs...

Sainsbury's v Tesco: price comparison feud may go to court

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The dispute originated when Sainsbury’s took umbrage to Tesco’s Price Promise Campaign whereby customers are encouraged to compare product prices with rival supermarkets. In the event that a comparable product is found to be cheaper...

The Court of Appeal has recently found that a party's failure to respond to an invitation to mediation amounts to unreasonable conduct.

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The above case settled with the claimant accepting at the last minute the defendant’s part 36 offer. However, the defendant had previously failed to respond entirely to an invitation to attend mediation leading the court to impose a costs sanction that...