Edwin Coe Newsletter Spring 2017

Inside this issue:

Employment law

Discretion… Proportionality… Subject Access Request for employees’ personal data

The latest development in this important field of data protection was delivered by our Court of Appeal on 3 March 2017 in the case of Deer v University of Oxford when it gave Judgment on the scope of the rights of a data subject to make a Subject Access Request (SAR) of a data controller with a view to discovering what personal data the data controller has in its possession against the data subject.

Intellectual property law

EU trade mark protection and the UK following Brexit

At present, EU trade mark protection covers all 28 member states. Once the UK exits the EU existing, EU rights will still cover 27 member states, with the exception of the UK, and it is generally thought that the UK portion of these EU rights will be extended to cover the UK, the question is how will this happen?

Property litigation law

Break clauses – key points to consider

Break clauses are very valuable tools for tenants, but longer leases are more valuable to landlords. Landlords recognise this by demanding a higher rent for a lease with a break clause, due to the shorter potential length of the lease.

Intellectual property law

Data Protection Officers: loose cannons or an aid to compliance?

The General Data Protection Regulation (GDPR) will come into force and will apply in all EU countries including the UK from 25 May 2018.

Property law

Mind the Gap

When registered land is transferred, the legal estate is only vested in the transferee when the transferee is registered at the Land Registry. Until such registration, the transferee merely has an equitable interest. It is only when the registration is finally completed that the legal estate vests in the transferee, and that will then be backdated to the date of the application for registration. This means that there will be a gap between the date of the transfer and the date when the legal estate actually vests in the transferee, namely, the “registration gap”.

Corporate and commercial law

Corporate Governance review and reform

Corporate governance is the system by which companies are directed and controlled. Boards of directors are responsible for the governance of their companies.