It seems Optical Express failed to read the small print contained in the consents that it was relying on to send members of the public marketing messages in relation to its laser eye surgery. The decision of the ICO and the First Tier Tribunal provide important clarification on the use of third party marketing lists, and any company using such lists would do well to familiarise itself with the findings of the case.
In the case of Wilson Imports Ltd v Advance Sport SAS  CSOH 114, the Outer House of the Court of Session considered the important issue as to whether a distribution agreement could amount to a sale of goods for the purposes of the Sales of Goods Act 1979 (the “1979 Act”), so that terms may be implied from that legislation in to the distribution agreement in that case.
A significant change took place on 1 July 2015 – the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (the “2015 Act”) came into force introducing signing in counterpart into Scots law.
The decision of the Inner House of the Court of Session in Swift Advances PLC v James Martin and others (4 September 2015) is another examination of that highly complex area of law – repossessions of residential property.
The answer may be yes, if you are a peripatetic worker. Following our recent update, the European Court of Justice has confirmed that the time peripatetic workers spend travelling from their home to their first client, between clients and back to their home from their final client, should be considered working time for the purposes of the Working Time Directive, because travelling is an integral part of the work of such ‘peripatetic workers’, meaning that it should be regarded as forming a necessary part of the workers’ activities. Therefore in turn, this will have implications for pay, including the National Minimum Wage as well as working time legislation.
In MacPherson v MacQueen (7 August 2015), the Inner House considered the customary two year non-supersession clause in missives of sale. The defender purchased a house from the pursuer. As part of the deal, the pursuer (seller) was to acquire a strip of land from the purchaser (defender) to allow development on a neighbouring site.
Time to get ready for the EU Data Protection Regulation
Reform of European data protection rules was first proposed back in January 2012, aimed at harmonising procedures and enforcement across the EU, its respective members have argued back and forth on what it should and shouldn’t contain. Finally, on 15 June 2015 the European Council reached a political agreement which means that there is now a foundation which will be used as a basis for yet more negotiations with the European Parliament and the European Commission. The hope is that the negotiations will be finalised by December 2015. It is safe to say that changes in data protection law will result and we all need to be prepared!
In a recent development, the Scottish Government has announced its intention to scrap Employment Tribunal fees.
Sheriff Court rules that civil courts no jurisdiction to hear claims for statutory holiday pay