Ashfords LLP. Technology in Retail Report 2015.

Technology in Retail

In this edition we look at: The Network and Information "Cyber" Security Directive, Failing to Prevent Bribery, Overriding Third Party Rights through Appropriation and High Court awards damages to Buyer for fraudulent replies to enquiries.

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In-house Legal Bulletin - March 2016

8 March 2016

The Network and Information "Cyber" Security Directive

The Network and Information "Cyber" Security Directive ("NIS Directive") sets out standards for Network and Information Security ("NIS") in the European Union ("EU").

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Failing to Prevent Bribery

Regulators continue to pursue prosecutions under the Bribery Act 2010, and appear to be targeting more mainstream companies after a string of successful prosecutions. Failing to prevent bribery can have serious consequences for corporate entities.

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Development: Overriding Third Party Rights through Appropriation

If you are considering purchasing land from a Council to carry out a development, then you may be able to benefit from the Council's powers to "appropriate" land for planning purposes and then override third party rights to allow a development to proceed in accordance with a grant of planning permission (subject to payment of compensation).

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High Court awards damages to Buyer for fraudulent replies to enquiries

In Greenridge Luton One Ltd and another v Kempton Investments Ltd [2016] EWHC 91 (Ch), the High Court considered a claim for fraudulent misrepresentation and held that a buyer was entitled to have its deposit returned because of an untrue representation made recklessly or fraudulently by the seller that there were no service charge arrears, when in fact there were such arrears.

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