Under the Consumer Rights Act 2015 (CRA 2015), the consumer has the right, in the circumstances set out at CRA 2015, s 19, to the following: • short-term right to reject • the right to repair or replacement • the right to a price reduction or the final right to reject Pursuant to CRA 2015, s 22, the time limit for exercising the short-term right to reject is the end of the period of 30 days beginning with the first day after which all of the following has happened: • ownership or possession of the goods has been transferred to the consumer • the goods have been delivered • where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the

It is assumed that for the purposes of the question, ‘defective’ means a failure to conform to a contract (including the implied terms of quality and fitness) under the Consumer Rights Act 2015 (CRA 2015), and does not mean ‘defective’ for the purposes of section 3 of the Consumer Protection Act 1987 (CPA 1987) (ie unsafe). Remedies for non-conforming goods The CRA 2015 lays out statutory remedies available to consumers for breach of their statutory rights, which includes: • the short-term right to reject (see CRA 2015, ss 20 and 22) • the tiered remedies, consisting of first tier remedies—right to repair or replacement and second tier remedies—right to price reduction or final right to reject (see CRA 2015, ss 20–24) See Practice Note: Consumer Rights Act 2015—goods—Remedies for non-conforming goods. Short term right to reject Short-term right to reject goods are usually exercised within 30 calendar days, beginning on

The Practice Note: Sponsoring a Creative Worker confirms that ‘[t]o sponsor creative artists through the Creative Worker route, the sponsor must be operating or intending to operate in the creative sector. Examples of organisations that could sponsor a creative artist include a national body, event organiser, producer, venue, agent or other similar organisation. There does not need to be a direct employment relationship with the sponsor, but the sponsor must be willing to take on all of the relevant sponsor duties and responsibilities’. Where this applies, the sponsor may be subject to closer scrutiny and monitoring to ensure that the relevant sponsor duties can be met. See: Worker and Temporary Workers Sponsor Guidance, Sponsor a Creative Worker, Specific criteria for a Creative sponsor licence. The Immigration Rules provide that the Certificate of Sponsorship must confirm how much the worker will be paid, including any allowances, and that the

The first duty is imposed by section 1 of the Defective Premises Act 1972 (DPA 1972). Although entitled ‘Duty to build dwellings properly’, its substantive words extend the duty to the erection or conversion or enlargement of a building. It will be seen therefore that it is wide in ambit. It is owed by any person taking on work for or in connection with the provision of a dwelling. It extends beyond the builder therefore to architects and other professionals carrying out work. The duty is owed to the person who contracts for it to be created and also to every person who acquires a legal of equitable interest in it. For the purposes of the Limitation Act 1980, any cause of action accrues on the date the dwelling is completed, or in respect of any rectification work, when that work is finished. The duty is to

Applying for a witness order Where a party applies to the tribunal for a witness order to be made under Rule 32 of the Employment Tribunal Rules of Procedure (ET Rules), the usual requirement on them to send a copy of it to all other parties does not apply. Therefore, the usual position will be that the other parties are not notified of an application for a witness order being made. However, although it is not required to do so, an employment tribunal may decide to notify the other parties and allow them to make representations on an application before it makes its decision, provided that to do so would be in accordance with the interests of justice, ie that would enable it to deal with the particular

The scope of this answer is confined to rights available under the Electronic Communications Code. For information about the statutory wayleaves available to utilities providers, see Statutory wayleaves—overview and Practice Note: Easements and utilities—third party land. The Electronic Communications Code (in Schedule 3A to the Communications Act 2003) (CA 2003) (the Code) gives rights to certain telecoms 'operators', to whom the Code applies by virtue of a direction made by Ofcom. Under the Code, operators may obtain a range of rights including the right to install, repair, and alter communications apparatus,

Where notice of termination of employment is given, either by the employer or the employee, and the employee has been continuously employed for one month or more, then, in broad terms, the employee is entitled to be paid a week’s pay for each week of the statutory notice period. However: • the liability of the employer to the employee is limited to the period of statutory notice to which: • the employee is entitled, if notice is given by the employer • the employer is entitled, if notice is given by the employee • the rights that otherwise arise during a period of statutory minimum notice do not

For the purpose of this Q&A we have assumed that the leases referred to are business leases which are to be renewed under the security of tenure provisions in the Landlord and Tenant Act 1954 (LTA 1954). The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (EE(PRP) 2015), SI 2015/962 make provision for minimum energy efficiency standards in the rental sector. This includes commercial rental premises. From 1 April 2018, if the relevant premises has an energy performance certificate (EPC) rating of F or G, a landlord will be unable to let the premises on a new tenancy or let the property on such a tenancy as a result of an extension or renewal of an existing tenancy, unless an exemption applies or has been registered, or there are no

For the purposes of this Q&A, we have limited this answer to address the position under the law of England and Wales. For the purposes of this Q&A, we have assumed you are referring to privacy policies to be used internally by a group of companies. We have not addressed the need for external facing privacy notices (also known as data protection or fair processing notices). For more information on these, see Practice Note: Privacy notices and Privacy notices—what information to include—checklist. Under

In answering this Q&A, the exceptions under the Data Protection Act 2018 (DPA 2018) and the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), which may be relied upon to reject a request made by a data subject attempting to exercise the right to erasure, have been considered. The Q&A then focuses on the exception given for freedom of expression and information under Article 17(3)(a) of Regulation (EU) 2016/679, the GDPR as it appears to be the likely exception relied upon for publication of information in the media. Right to erasure under the GDPR Under Article 17 of Regulation (EU) 2016/679, the GDPR data subjects have the right to have their personal data erased. The broad principle underpinning this right to erasure is to enable an individual to request the deletion or removal of personal data where there is no compelling reason for its continued processing.

We assume that this Q&A is referring to the General Data Protection Regulation, Regulation (EU) 2016/679, Art 28(3)(g) (the GDPR): ‘…That contract or other legal act shall stipulate, in particular, that the processor… at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State

The General Data Protection Regulation (GDPR) will become directly applicable and enforceable from 25 May 2018 and will introduce substantial amendments to data protection law, replacing the Data Protection Act 1998 and the Data Protection Directive, Directive 95/46/EC. For the purposes of this Q&A, we have focused on the GDPR and have not commented on other legislation which may be applicable (for example, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), SI 2003/2426). Cold calling For more information on the current regime relating to marketing, see Practice Note: Direct marketing as well as the following guidance from the Information Commissioner’s Office: • Direct marketing, and • Guide to Privacy and electronic communications Processing under the GDPR As further explained in Practice Note: Data protection principles, the GDPR