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Civil claim for harassment

Civil claim for harassment

The law on harassment is set out in the Protection from Harassment Act 1997. The law forbids any person from pursuing a course of conduct that amounts to harassment of another, which he knows or should know amounts to harassment of the other.  Although harassment can also be prosecuted in the criminal courts, for the purpose of this article we will only consider the civil...

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Right to Privacy — Case Summary

Right to Privacy — Case Summary

Fearn & Kraftman & McFadyen & Urquhart -v- The Board of Trustees of The Tate Gallery    The claimants are the owners of flats in a building adjacent to the Tate Modern museum. They brought a claim in nuisance under the Human Rights Act 1998 to protect their rights of privacy.  The claim stems from the viewing gallery within the Tate Modern that allows visitors...

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Remedies for unfair dismissal

Remedies for unfair dismissal

The Employment Rights Act 1996 (ERA 1996) sets out the remedies available to claimants in cases of unfair dismissal. Where a tribunal finds that an employee has been unfairly dismissed, the tribunal may apply the following remedies in favour of the employee: Order the employer to reinstate or re-engage the claimant  Although orders for reinstatement or re-engagement are quite rare in practice, a tribunal has...

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Forfeiture of Commercial Lease

Forfeiture of Commercial Lease

A lease for commercial premises is a contractual agreement between the lessor and lessee and is governed by Common Law. This is different to tenancy agreements for residential premises which are governed by the Housing Act 1988. A commercial lease will commonly have a start and an end date — the end date being the date when the lessee will be entitled to vacate the...

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General Data Protection Regulation

General Data Protection Regulation

BACKGROUND The General Data Protection Regulation (GDPR) is an EU regulation that comes into force in May 2018. EU regulations are legally binding on all member states and automatically come into force on the specified date. There is a difference between regulations and directives — directives set standards and requirements which member states are free to decide how to transpose into national laws. Article 5...

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Find Out if You Hold a Tenancy or Licence Agreement

The primary difference between a tenancy and a licence agreement is that a tenancy generally provides more rights and protection to the occupier. Thus, if you are an individual it is important to ascertain if you hold a tenancy or a licence agreement. The three hallmarks of a tenancy are: (a) exclusive possession; (b) for a term; (c) at rent. Exclusive possession. The term exclusive...

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