Commercial litigation & dispute resolution news

ICO fines company for sending spam texts

The Information Commissioner's Office (ICO) has fined a company £100,000 for sending unsolicited spam texts attempting to solicit leads for financial services institutions. The ICO found that between May to December 2015, the company sent 1,132,149...

First disqualification of a company director for infringing competition law

The Competition and Markets Authority (CMA) has used its powers for the first time to disqualify a director of a company that infringed competition law. The company breached competition law by agreeing with one of its competing online sellers to not undercut...

Automatic pension enrolment update published

The Department for Work and Pensions has published an updated analysis of the impact of auto-enrolment. The analysis highlights, among other things, that annual saving in workplace pensions is estimated to increase by £17 billion by 2019/20 as a result...

Personal liability for directors for nuisance calls

The government has announced that it will introduce personal liability for directors for nuisance call fines in spring 2017. This amendment will allow the Information Commissioner's Office (ICO) to issue fines of up to £500,000 to each company...

Discrimination in the provision of goods and services

A recent case in Northern Ireland illustrates the issues that a business in England, Scotland and Wales might face under the Equality Act 2010. It also highlights the potential tension between the protected rights and anti-discrimination provisions under the...

Protecting disabled employee's pay can be a reasonable adjustment

The Employment Appeal Tribunal (EAT) has held that an employment tribunal was entitled to find that an employer was required, as a reasonable adjustment, to continue employing a disabled employee in a more junior role involving less physical activity,...

Residential service charges: who should consult subtenants?

Landlords of residential premises who are obliged to comply with the Consultation Requirements should take note of an important decision in the Upper Tribunal (Lands Chamber). This decision clarifies that superior landlords intending to carry out qualifying...

ICO fines several organisations for data breaches

The Information Commissioner’s Office (ICO) has recently imposed fines on several organisations for data breaches: Hampshire County Council was fined £100,000 for failing to implement effective contingency plans to protect personal data when...

No discrimination where applicant applies for job solely to bring claim

An ECJ decision highlights that employers should be cautious of applying automated selection criteria to bulk job applications as unintentional discrimination against applicants could occur. While sham applications to bring claims do occasionally occur, such...

Exercising a break clause in a commercial lease

A High Court decision provides a helpful reminder for commercial tenants of the need to fully comply with any conditions for exercising break rights. Otherwise, as in this case, the lease will continue to exist. Tenants should check carefully the terms of...
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