In a recent appeal by a pharmacy, Doorstep Dispensaree Limited (“Doorstep”), against a Monetary Penalty Notice and an Enforcement Notice issued against it by the Information Commissioner’s Office (the “ICO”), Doorstep was partially successful, specifically against the level of fine imposed by the ICO under the Monetary Penalty Notice ...
Particular issues may beset a sale of land between developer and Registered Provider but, by forecasting ahead, costs and delays can be avoided. As the demand for housing increases, so too will expected proportions of affordable housing provided as part of any development. Often the easiest way to provide on-site affordable housing is by bringing a Registered Provider (RP) on board. The RP might buy ready built plots or the land itself on which it will build ...
There were conflicting judicial opinions of first instance courts as to whether the exception in summary judgment applications under Order 14, rule 1(2)(b) of the Rules of the High Court (Cap. 4A) (Fraud Exception) covers actions in which the defendant is not alleged to be a party to the fraud, but where allegations of fraud are made against a third party. In R. Stahl Inc ...
On 29 September 2021, the Hong Kong Legislative Council passed a bill to reform the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) by introducing a two-tier offence to criminalise doxxing acts, conferring new enforcement powers on the Hong Kong Privacy Commissioner to prosecute doxxing offences and issue cessation notices with extra-territorial effect to demand the removal of doxxing contents by both Hong Kong persons and non-Hong Kong service providers ...
It seems logical that when a claimant requests that a claim be amended to include an additional condition based upon a theory of substantial aggravation, the easiest element to prove would be that the condition pre-existed the date of injury. Recently, in Houlihan v. Hamilton County, 2021-Ohio-3087, the Ohio First District Court of Appeals found that a claimant must prove a condition existed at the time of the injury before they can establish a substantial aggravation ...
Following our recent update on the due date of 30 September 2021 for the declaration and payment of the 2021 Immovable Property Tax (“TOIP“) and Unused Land Tax we would like to inform our readers that on the 28th of September 2021 the General Department of Taxation (“GDT“) issued Notification 16160 which has provided an extension on the deadline of the declaration and payment tax of TOIP for 2021 until 31 October 2021 ...
Key points From 8 September 2021 non-resident entities who provide digital goods/services or e-commerce activities to Cambodian consumers and who expect to have sales of USD15k or more before the end of the year, over three consecutive months, have 30 days to register for VAT with the General Department of Taxation (GDT) in Cambodia. From 2022 onward the same non-resident entities, as described above, that expect to have sales of USD62 ...
September 29, 2021 By: Jennifer Guerrero The California Privacy Rights Act of 2020 (“CPRA”) established a new state privacy regulatory agency, the California Privacy Protection Agency (“Agency”), which is responsible for issuing regulations implementing the CPRA (along with enforcement authority) ...
In 2019 at the World Economic Forum, Antonio Neri, CEO of Hewlett Packard said “Data is the new currency”. This analogy has become very popular because data is now considered one of the most valuablecommodities. In the European Union (EU), data protection is a fundamental right, and the General Data Protection Regulation (GDPR) which came into force on May 25th, 2018, isthe framework for protecting that right ...
September 28, 2021 By: Joshua M. Robbins When harmed or in heated disputes, companies sometimes think about bringing the “big guns”—law enforcement agencies—into the fight. Often acting through counsel, a business may seek to refer a matter to the government for potential investigation and prosecution of competitors, business counterparties, former employers or employees, or entirely unrelated persons who have victimized the company ...
Another wave of COVID-19 has spread across Thailand and is raising understandable concerns and generating uncertainty among the business community. This series of infographics will guide you on the key measures and best practices to help you mitigate the effects of the COVID-19 pandemic on your business ...
In re: Juniper Networks, Inc., Appeal No. 2021-160 (Fed. Cir. Sept. 24, 2021) In this week’s Case of the Week, the Federal Circuit issued its fifth writ of mandamus this year ordering transfer of a patent case out of the Western District of Texas courtroom of U.S. District Court Judge Alan D. Albright. (Our write-up of the recent precedential decision in In re Samsung is available here ...
At the end of this month, court fees are increasing. The change is the result of a consultation led by the Ministry of Justice earlier in the year which considered whether court fees should be increased by inflation. The full consultation can be accessed here. From 30 September 2021, the cost of a divorce will rise from £550 to £593. At the moment, where the divorce is based on adultery, behaviour or desertion i.e ...
The Decree, which came into force on 20th September 2021, has abolished the Emirates Maritime Arbitration Centre (EMAC) and the DIFC Arbitration Institute (DAI). The Decree has taken the local legal and business community by surprise, and has given rise to legitimate concerns as to its impact on arbitration proceedings presently underway ...
Parties in the process of arbitrating disputes, thinking of commencing arbitration, or even thinking of including arbitration provisions in a contract have been given a lot to think about, thanks to the changes introduced by Decree 34 of 2021. It is early days yet, and we need to see how matters develop. With that caveat out of the way, here is a rough guide of what Decree 34 could mean for parties in arbitration in the UAE ...
In principle, the author of a work protected by copyright has an exclusive right to reproduce or copy it. In Austria, however, anyone has the right to make copies of such works for private use. Originally, the legislator had scenarios in mind where people recorded music from the radio with their stereo system and a blank tape cassette, or recorded films via a video recorder. Collecting societies collect a levy as compensation for this private copying right ...
This week the government has published the draft legislation for the residential property developer tax (“RPDT”) for technical consultation. RPDT is a new tax, intended to be imposed on companies carrying out residential property development from 1 April 2022, and described by the government as being introduced “to ensure that the largest developers make a fair contribution to help fund the government’s cladding remediation costs” ...
On 23 September 2021 we hosted our latest IHL webinar on working with AI: the key types, implementing AI and what the future might bring. Ian Blackwell represented Next Retail Ltd on the panel, alongside Simon McArdle and Sebastian Price, Commercial Partners at Shoosmiths. The background: Artificial intelligence (AI) is here now, and its power is taking off. Put simply, AI is a gamechanger ...
In Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC 29, the principal issue before the Court was the approach to be adopted when interpreting a liquidated damages clause in a contract i.e. a clause providing for a pre-determined sum agreed upon in the event of a specified breach by one of the parties ...
The recent judgment in Kinli Civil Engineering Ltd v Geotech Engineering Ltd, HCA 2141/2020, is a reminder of the importance of choosing words carefully when drafting an arbitration clause, to ensure that it reflects the parties’ intentions as to how any disputes that may arise are to be resolved. Background The proceedings were instituted by the Plaintiff (K) against the Defendant (G) for sums, said to be due under a contract between them (Contract) ...
In Surrey County Council v Suez Recycling and Recovery Surrey Ltd [2021] EWHC 2015, the parties had entered into a number of agreements and England’s Technology and Construction Court had to determine what they had ultimately agreed should be the appropriate dispute resolution forum. The Court granted the application for a stay of the proceedings in favour of arbitration, under s.9 of the Arbitration Act 1996 (equivalent to s ...
In Perpetual Wealth (Hong Kong) Ltd v Be Solutions Company Ltd, HCA 1905/2018, the Court emphasised that for construction cases, the starting point for expert directions is that single joint expert (SJE) evidence is preferred, as it assists to narrow the scope of the issues in dispute, shortens the trial, facilitates settlement of issues and often leads to global settlement of the action ...
