At the June Chartered Institute of Housing Conference in Manchester, the Information Commissioner (ICO) highlighted some of the key data protection issues faced by social housing organisations.
Following recent action taken by the Information Commissioner’s Office (ICO) marketing firms are advised to remain vigilant in relation to unwanted marketing phone calls.
On 9 July the Inner House of the Court of Session upheld the Scottish Minister’s decision to grant section 36 consent for the construction and operation of the 103 turbine Viking Wind Farm in Shetland. The appeal decision in Sustainable Shetland v The Scottish Ministers overturns Lady Clark’s decision of October 2013. Lady Clark had interpreted the Electricity Act 1989 as requiring that section 36 consent could only be granted to a party which, at the time of the section 36 application, already held, or was exempt from holding, a licence under the 1989 Act. As such, she held that the grant of section 36 consent to Viking Energy (who did not hold a licence) was legally incompetent. This interpretation ran contrary to the industry practice of obtaining section 36 consent in advance of securing a generating licence from Ofgem or a licence exemption from DECC.
The UK Supreme Court held that the publication of an individual’s identity could be prohibited if it led to an individual’s human rights being violated.
The recent case of Hubbard v Bank of Scotland Plc (t/a Birmingham Midshires)  EWCA Civ 648 has provided valuation surveyors with some welcome clarification and reassurance regarding their scope of duty of care when providing a mortgage valuation.
It is not possible to obtain a patent in Europe for a program for a computer “to the extent that a patent or application for a patent relates to that thing as such”. In the United States, however, that has not been the case and this has proven a fruitful source of dispute in the Courts. This may be about to change.
Employers who sponsor employees to work in the UK under Tier 2 (General) of the points-based system should be aware that the monthly immigration limit for skilled workers has been exceeded in recent months. The immigration limit restricts the number of employees who can be issued with a Certificate of Sponsorship under Tier 2 (General) each year. The limit is broken down into monthly allocations.