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One of the bills introduced in the recent Queens speech of interest to the IT/IP sector is the Draft Communications Data Bill.
This Bill will ensure that relevant authorities can monitor communications data. The government has proposed this measure to meet the need of enforcement and intelligence agencies to access data to protect the public. This Bill is subject to much criticism and scrutiny due to its potential scope and privacy issues. Many are concerned at how the ‘communications data’ will be separated from the content of the communication without breaching privacy. ISPs and telecommunications companies will have to keep this data for 12 months, how this will be intercepted and stored remains a key issue.
It will also establish a new framework and safeguards to accompany the way the data is obtained, it remains to be seen how the Bill will be drafted to ensure adequate protection. Further detail is yet to be released and detailed debate in Parliament will no doubt follow.
Following on from our recent article on the release of the updated Code of Practice for dealing with commercial rent arrears that have accrued throughout the pandemic, we continue to highlight what the overall principles seek to ensure - fairness and proportionality for both landlords and tenants across each step of the arbitration process.
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In Stuart Delivery Ltd v Augustine, the Court of Appeal was asked to consider the principles governing when the ability to appoint a substitute negated the obligation to personally perform work.
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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