Legal Updates

The Data Protection Act (1998) includes legislation to protect the personal information of Internet users to ensure that they are not exploited illegally online. This is the only real legislation which exists in the UK to protect individuals from what goes on online, and it is only scratching at the surface when it comes to Internet safety. Victims of cyberbullying, websites containing illegal and indecent images of children or minors, plagiarism or illegal sharing of intellectual property, and other online content which can be considered illegal are not protected, censored or restricted in the same way that our credit card details might be, and this is causing a huge degree of controversy over Internet use.

Since the new Conservative government was elected, there have been announcements that significant changes will be made to the strike laws which are currently in place. When these changes come into effect, any strike which will affect the public services will need to have the support of 40% of the eligible voting union members. As it stands, a strike can be carried out if it has the support of the majority of those who vote.

Unions have responded to the announcement by saying that the new legislative measures will make legal strikes almost impossible. The new percentage will not be calculated from the number of people who vote, but from the total number of union members who are eligible to vote and therefore could have voted.

As part of your studies on ILSPA’s Legal Secretaries Diploma course, you have considered the topic of land law. This month, we are reviewing proposals to change rights over land. These changes affect public rights of way and were part of the government’s Deregulation Bill 2013 – 2014.

You may recall from your studies that a right of way is an easement. The land that is subject to such an easement means that the landowner must permit someone to pass over their land. Public rights of way allow members of the general public to pass over land, and these rights of way were designed to allow people to access the countryside. These types of easements are protected by law. If you are the owner of land that is subject to a public right of way, it is your responsibility to keep the right of way clear of obstructions.

Online resources for legal research can often be hard to navigate. If you are searching for a specific case summary or information on one particular act, you may find yourself looking for a very small needle in a very big haystack. The recently relaunched Emplaw website, however, seeks to change that by offering a clean, easy-to-use interface and focusing on one area of law rather than all of them.

The Emplaw service offers a vast repository of employment law data, including thousands of searchable case summaries and law cards. While the service is subscription only, there is a lot of useful information available for non-subscribers. Non-subscribers can read summaries of all content, which on its own is quite a useful feature.

Over the past year or so, the government has been trying to introduce cuts to the legal aid budget which could have a drastic impact on the number of people entitled to legal aid and the amount of support to which they have access.

The Law Society launched a sustained campaign against these cuts, determined to protect the most vulnerable from cuts to a vital support line for victims. On 11 March 2015, it was officially announced that the Court of Appeal had failed to pass the cuts which the government had proposed in relation to legal aid.

The cuts would threaten those who are unable to pay for their own legal representation. They could leave vulnerable people at risk by denying them access to legal representation following criminal accusations.

On the evening of 4 March 2015, the House of Lords discussed and approved the amendment to the Civil Proceedings and Family Proceedings Fees Order.

This has brought about several changes to the court fees incurred by different claims. As of 9 March 2015, these are the fees which claimants will be obliged to pay in order to receive the money won in court:

•           Any claim of a sum of money between £10,000 and £200,000 will be subject to a fee of 5% of the total amount claimed. Claimants will be able to benefit from a small discount on this amount if they issue through Secure Data Transfer (SDT) or Money Claims Online (MCOL).

•           Any claims worth a total amount over £200,000 will incur a fixed fee of £10,000.

New powers have recently been handed over to a number of different local authorities – including the police, landlords of social housing, and town and district councils – to provide a new approach to anti-social behaviour. These new regulations have been introduced to try to empower victims and to make communities safer. 

Research performed by Search Flow predicts that there will be growth in conveyancing work this year. Last year, 75% of Conveyancers experienced at least a 10% growth in their work, and 41% of them saw a work increase of 25% or more.

Because of this, 52% of Conveyancers are looking to increase their workforce over the coming year. This is good news for Legal Secretaries Diploma graduates or experienced Legal Secretaries with Conveyancing skills.

Take a look at this interesting infographic about the future growth of Conveyancing which has been produced by Redbrick Solutions.

As of 4 December 2014, new stamp duty rates will be in place for anyone buying a house anywhere in the UK. These new rates have been introduced to reduce stamp duty for most people buying a home and to make the charges fairer for everyone. You will be affected by the new rates if you buy a residential property in the UK which costs you over £125,000.

2014 was a year of extremely important changes in the field of employment law, with various updates having been made as well as the introduction of new legal ideas. Listed below are the most notable changes which have taken place during 2014 that you should be aware of.

TUPE Reforms

In January 2014 TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) was reformed to allow employers to have greater flexibility to dismiss or make changes to a contract following TUPE transfers. Importantly, redundancies made after a TUPE transfer has been made are not automatically counted as unfair dismissal anymore. However, in February, a dismissal of an employee made after a TUPE transfer when they refused to accept contractual changes was deemed automatically unfair.

Minimum Wage Penalties