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NEWS
Property analysis: A fairground ride operator failed to establish a periodic tenancy in relation to rights to two pitches granted to her on a recurring basis.
NEWS
Information Law analysis: Pacini v Dow Jones is a significant judgment for practitioners dealing with data protection, defamation and media law. It provides a detailed discussion in which the High Court addresses the intersection of these areas of law and considers the implications of applying defamation principles such as the ‘single meaning rule’ and ‘repetition rule’ in data protection claims. As Richard Spearman KC, sitting as a Deputy High Court Judge, observed, this is the first time the court has been called upon to determine as a preliminary issue the meaning of personal data in a data protection claim alone, without an associated defamation claim. Defamation law aims to protect an individual's reputation. Data protection law focuses on issues such as the accuracy and fairness of personal data processing. It was, therefore, necessary for the court to navigate the potential difficulties arising from differences between the distinct legal frameworks. In addressing two preliminary issues, the court followed defamation law principles, as distilled by His Honour Judge Nicklin in Koutsogiannis v Random House Group, for determining the natural and ordinary meaning of the personal data within the news articles in question. Written by Anne Mannion, associate at Lewis Silkin LLP.
GLOSSARY
The duty of fair presentation is a requirement for non-consumer insurance contracts under the Insurance Act—duty of fair presentation and for consumer insurance contracts under the Consumer Insurance (Disclosure and Representations) Act 2012, by an insured/potential insured to disclose all material facts to insurers in a clear manner.
NEWS
Commercial analysis: On Friday 27 March 2026, the Competition and Markets Authority (CMA) announced a new wave of consumer protection enforcement action against five UK businesses in relation to fake and misleading online reviews. The investigations highlight the risks of adopting certain practices, such as cherry-picking reviews, the creation of reviews by staff, misleading rating systems and undisclosed incentivised reviews. Written by Julia Hemmings, partner at Baker McKenzie.
NEWS
Commercial analysis: James Longster, partner, Richard Offord, senior counsel and Sarah Clouston, associate of Travers Smith discuss the potential for conflict between the duty of online trader recommendation platforms (TRPs) to prevent fake reviews and their contractual duties to businesses featured on their platforms.
NEWS
Law360: British insurers will not make as much money from selling policies in the next three years because of an expected fall in inflation, Ernst & Young LLP (EY) said on 9 May 2024, even though demand for car and home cover has risen.
GLOSSARY
Where a description of something is followed by an inappropriate example, the inappropriateness of the example does not invalidate the description.
GLOSSARY
False may mean 'deceitful' or 'erroneous'.
GLOSSARY
False accounting consists of the dishonest: falsification, etc, of any account or accounting record or document; or the production of any account or accounting record or document which the producer knows is or may be misleading, in the course of furnishing information for any purpose.
PRACTICE NOTES
False accounting A person who, with a view to gain for themselves or another or with intent to cause loss to another, falsifies or conceals information required for an accounting purpose, knowing that the information is misleading, may commit an offence of false accounting. The offence can be committed in one of two ways: • by falsifying documents for an accounting purpose, or • using false or misleading documents for any purpose The elements of the offence are made out when a person, with a view to gain for themselves or another or with intent to cause loss to another, either: • dishonestly destroys, defaces, conceals or falsifies any account, record or document required for any accounting purpose, or • produces or makes use of any account, record or document for any purpose which they know is or may be false, misleading or deceptive in a material way A person who concurs in making an account, document or entry which is or may be misleading, false or deceptive in a material
NEWS
Corporate Crime analysis: How will a new criminal offence of care providers supplying or publishing false or misleading information work in practice? Shula de Jersey, solicitor in the business crime and regulation team at Slater & Gordon, explains the new strict liability offence introduced under the Care Act 2014 (CA 2014).
GLOSSARY
A person has the right not to have a literary, dramatic, musical or artistic work falsely attributed to him as author, and not to have a film falsely attributed to him as director.