Posts By: Schofield and Associates

Recovery of Criminal Proceeds – Even the Innocent Must Sometimes Suffer

<p>Those who fund their lifestyles from criminal profits risk being stripped of the shirts off their backs and their innocent loved ones are likely to suffer just as much as them. In one case, a judge sanctioned the seizure of a family home where three blameless children lived with their money-laundering parents.</p> <p><img alt=”House” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/3585/small/jesse-roberts-561igiTyvSk-unsplash.jpg?1586118172″… Read more »

COVID-19 Crisis – Judge Rules Derogation from Human Rights ‘Essential’

<p>The COVID-19 pandemic represents a public emergency which is threatening the life of the nation. A High Court judge wrote those words in reaching the momentous conclusion that, whilst the crisis persists, derogation from certain fundamental human rights is not merely justified, but essential.</p> <p><img alt=”Video call” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/3580/small/turned-on-macbook-3205403.jpg?1585849299″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px” />The judge… Read more »

Employment – How Should Justice Be Done to Litigants in Person?

<p>Those who pursue employment complaints without legal representation start off at a great disadvantage, but tribunals will generally bend over backwards to ensure that they receive a fair hearing. A Court of Appeal ruling, however, underlined the serious challenge that doing justice in such cases can present.</p> <p><img alt=”Office” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/3557/small/damir-kopezhanov-nC6CyrVBtkU-unsplash.jpg?1584655275″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px”… Read more »

Employers’ Liability for Data Protection Breaches – Supreme Court Ruling

<p>To what extent do employers bear indirect, or vicarious, liability for breaches of the <a href=”https://www.legislation.gov.uk/ukpga/1998/29/contents” target=”_blank”>Data Protection Act 1998</a> (DPA) perpetrated by their staff? The Supreme Court decisively resolved that issue in a test case concerning a supermarket worker who placed highly confidential payroll information online as part of a personal vendetta.</p> <p><img alt=”Laptop”… Read more »

Tenants Win Right to Acquire Subsoil and Airspace in Guideline Case

<p><img alt=”Apartment block” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/3556/small/apartment-architectural-design-architecture-balcony-144632.jpg?1584653194″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Qualifying apartment dwellers have a right to acquire the freehold of the buildings where they live, but does that extend to the subsoil beneath the premises and the airspace above? The Court of Appeal addressed that critical issue in a guideline decision.</p> <p>The case concerned a… Read more »

Has a Bureaucratic Delay Caused You Loss? See a Lawyer Today!

<p><img alt=”Passport stamps” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/3551/small/agus-dietrich-eUjufrdx_bM-unsplash.jpg?1584294688″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px” />Government bureaucratic delays are sadly a well-known fact of life, but can they give rise to a right to compensation? The Court of Appeal tackled that fundamental issue in the case of an immigrant who was unable to work for more than two years due to… Read more »

Salesmen Pay Price for Breaching Former Employer’s Confidentiality

<p><img alt=”Landing plane” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/925/small/SAM_0364.JPG?1321818739″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px” />Even if your employment contract says nothing about respecting the confidentiality of your employer&rsquo;s trade secrets, you may still be under an implied legal duty to do so. Two salesman who were alleged to have exploited their travel agency employer&rsquo;s client database found that out to… Read more »

Unprecedented Powers Introduced Under New Coronavirus Act

<p><img alt=”Houses of Parliament” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/3573/small/parliament.jpg?1585231803″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />A new Act giving the UK Government additional powers to tackle the coronavirus emergency has passed into law after being approved by the House of Lords. The Act took just three day to pass through Parliament.</p> <p>Under the provisions of the <a href=”https://www.legislation.gov.uk/ukpga/2020/7/contents/enacted” target=”_blank”>Coronavirus Act… Read more »