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Category: Latest News
Expression of opinion vs defamation – bad TripAdvisor reviews
Tony and Jan Jenkinson were fined £100 by the Broadway Hotel in Blackpool for a leaving a negative TripAdvisor review about it, where they described the hotel as a ‘rotten, stinking hovel’.
The hotel introduced a policy of charging people who left bad reviews with the hope of preventing customers from ‘defaming’ the business. After seeing the bad review, the hotel charged £100 to the couple’s credit card.
The hotel has now cancelled its policy after warning by Blackpool Trading Standards that it could be illegal and it has since refunded the £100 to Tony and Jan Jenkinson.
A further issue
Cases like this highlight a further problem with websites such as TripAdvisor and their effect on businesses. In its 14 years of existence, TripAdvisor has introduced the notion of public criticism of hotels, B&Bs and guesthouses that we are used to seeing for films or music. Although the case of Tony and Jenkinson, the bad review was genuine, the problem is that reviews on TripAdvisor can be posted without verification and so there is nothing stopping customers threatening bad reviews in order to get a discount.
We are left with trying to find a balance between someone’s ‘right to give fair comment’ and the reputation of a hotel, which could be unfairly tarnished if this ‘right to give fair comment’ was abused.
Final thoughts
It is unlikely, as we saw with the Broadway Hotel that hotels will be able to protect themselves from unfair reviews by introducing a policy, as this could be legally problematic. It seems a compromise between the consumer and the business is necessary, in that consumers provide genuine, honest opinions if they choose to leave a review, and for businesses to focus on improving the services they provide.
Stephen Puri, Chief Executive
Good news for home-buyers at last! Stamp Duty Fee’s reform
Click here to see the infographic in full size
Home buyers will be pleased to hear that there is good news for them at last (apart from having wonderful solicitors). Stamp duty will now be banded in the same way as other taxes, so you will now not be moving into a higher percentage rate just because you pay £1 more for your property!
The bands are as follows:
£0 – £125,000 – no tax payable (as now)
£125,000 – £250,000 – 2%
£250,000 – £925,000 – 5%
£925,000 – £1,500,000 – 10%
£1,500,000 upwards – 12%
Below are some examples:
As before no tax payable on property at £125,000.
On a price of £185,000 the first £125,000 is tax free and 2% is charged on the remaining £60,000 – this gives a total of £1,200, a saving of £650 on the present system.
On a price of £510,000 – the first £125,000 is tax free and 2% is charged to £250,000. Then between £250,000 and £510,000, a charge of 5% takes place. This gives a total of £15,500 with a saving of £4,900 on the present system.
It is estimated that this will benefit 98% of people who pay stamp duty, with it being more expensive only for those in the higher price bands.
Here is a link to a fantastic stamp duty calculator that breaks down exactly the percentage you’ll pay under the new system: Stamp Duty Calculator
Helen Barnard, Senior Solicitor
hbarnard@astonbond.co.uk
Social media spying – a step too far?
Social media has come under fire in recent days after the revelation that the perpetrators of the murder of soldier Lee Rigby could have been prevented from carrying out their atrocious crime, merely if their social media activity had been more closely monitored.
Facebook allows users to report any offensive content on the site, and claims to take all reports very seriously. The social media giant claims to have deleted various profiles created by one of the murderers of Lee Rigby as they had been flagged up as promoting terrorism. Questions are now being raised as to whom undertakes this form of monitoring and how often it is undertaken, seeing as Facebook alone now has a total of over 1.2 billion users worldwide.
However, it is clear that a balance needs to be found between not monitoring suspicious activity closely enough, and monitoring other forms of private information that is exchanged between social media users. Earlier this year Edward Snowden claimed that governments were undertaking mass surveillance of citizens through their online activity, which they labelled as ‘external communications’.
It remains to be seen just how far online monitoring, or ‘spying’ as some may call it, can be taken. It is vital however, that the correct balance is found in order to promote the underlying aim: to make citizens feel safe.
Amarjit Atwal, Trainee Solicitor
aatwal@astonbond.co.uk
Wearable technology – what are the main legal issues?
Wearable technology is tipped to be the next ‘big thing’ by many of the industry’s leading experts. Apple’s Watch and the controversial Google Glass are testaments to that, showing that wearables have the backing of the two tech giants of the world. But what are the legal implications of wearing such items?
These devices are connected to your internet enabled smartphones, and from there they have the ability to upload and download data. Due to their discrete nature, they have come under fire for breaching people’s privacy rights. For example, these devices can record high quality video, and snap images without others around them becoming aware. Their ability to film like this has led to many cinema company’s around the world calling for use of the devices to be banned whilst on their premises.
But what does the law state when it comes to their communication ability? A recent US case involved a Google Glass wearer who was caught speeding. As the police officer pulled her over, he noticed she was wearing the glasses and proceeded to issue her a ticket for breach of a ‘distracted-driving’ law. However, the driver was later cleared of these charges, even though the case continues to be positively referred to in other cases involving the use of illegal screens whilst driving.
The Department for Transport have issued a warning in regards to driving whilst using wearable technology. If an accident is caused, and a trace of messages or calls can be found in relation to that time period, police can prove that you were texting or using your wearable tech to send messages whilst driving. For example, if you were sending a message via your smartwatch, this would be considered illegal. However this can cause confusion, as many of these devices offer the same style of ‘hands-free’ mode that smartphones offer. There still is no direct law regarding the use of wearables when driving, but as the popularity of these devices increases, such legislation will certainly become required. Being caught behind the wheel whilst unsafely operating a device such as the Apple Watch would carry a fixed penalty notice of £100 and three penalty points. In more serious cases where accidents are involved, it could be taken to court where drivers face disqualification and a maximum £1,000 fine.
Another issue surrounding technology with the ability to record footage, is privacy. At what stage do these items start to invade our privacy beyond the point of our control? Anyone can walk through the street filming using one of these devices, but how does the law differ to filming using a more conventional camera? Well, surprisingly it doesn’t differ, and you can legally film in a public place without breaking any laws, as long as you are not doing it for commercial purposes, ie making money from the footage.
Does wearable technology scare you in any way? Or do you feel it’s another necessary step in the right direction? As a bit of a ‘tech geek’, I personally feel that being able to send a text message from your watch is an interesting concept, but I cannot help but feel that there will be many implications and laws that restrict their use.
Joel Chapman, Online Marketing Executive
Aston Bond attended the Research & Development Financial Initiatives For SME’s Seminar in Slough
The Team at Aston Bond co-hosted a successful seminar at the Copthorne Hotel in Slough on Thursday 30 October 2014, the event was related to the topics of Intellectual Property (IP), Research and Development (R&D) Tax credits and the Patent Box initiative. The event was hosted alongside HMRC, LDP Luckmans Accountants and R&T Consultants and achieved a fantastic turnout.
The topics were presented by specialists in the industry and were designed to illustrate the opportunities available to SME’s that are currently not being utilised. There are clearly tax savings in the form of tax credits available with the assistance of specialists and further initiatives open to SME’s that even we hadn’t realised!
Jagdeep Sandher spoke about what IP is, how it can be formed, protected and more importantly how it can be exploited and monetised. Attendees were shocked to realise that they held more IP than they had realised and that it could be protected.
Aston Bond shall be hosting further events on IP and shall be announcing them shortly, so stay tuned!
Aston Bond’s Halloween 2014
The team at Aston Bond got in the spirit of Halloween by dressing up. The variety of costumes was fantastic, and we had a great time in Slough High Street engaging with the community and handing out sweets! Alongside that we have been fundraising in for Destiny Support throughout this month. In total we have raised over £500 for the charity, all through Halloween themed activities.
Alongside the activities on Friday, we have been raising money through our themed reception area, and selling home-made cakes and themed drinks.
Congratulations to Amarjit and Nicola for winning the ‘best dressed’ awards.
Thanks to Paulo from Vision 2 Video for many of the fantastic pictures!
Click the photo below to see the full gallery of pictures on our Facebook page.
A birthday in the office
Today is Maz’s birthday and the staff have been treated to some Halloween cupcakes. Take a look at the images below:
https://www.facebook.com/AstonBondSolicitors/posts/980027912013143
How does Social Media stand up in Court?
Social media is a huge part of people’s day to day activities, with Facebook currently seeing 1.37 billion monthly users. Facebook posts and Tweets that were made months, or even years ago are being documented and brought back as evidence in the courtroom. However, has social media been widely accepted by judges and the law as a legitimate form of evidence? There are certain aspects required to ensure that social media is acknowledged in the courtroom.
A 2010 case in the USA proved that social media has the capability to be used as evidence in court, and in this case it backed up claims that were being made by the claimant. An 18 year old woman was convicted of vehicular manslaughter and to back up their claims that she ‘abused the use of alcohol’, the State used her Myspace posts to show that she ‘glamourized’ alcohol abuse through her written posts and pictures. The evidence provided through her Myspace pages led to her receiving an enhanced sentence.
Another recent example of social media use in the courts, was when a young girl on probation was photographed drinking in a bar, despite this going against the rules of her probation. The photo was then used as evidence at a probation violation hearing, showing once again the power of social media.
These are just a few of the many cases where social media has been used to provide evidence in the court, however certain guidelines should be followed in order to give the evidence the best chance of standing, here are a few:
Date and time stamps
Social media posts can VERY easily be deleted. For this reason, if individuals plan to use social media as a form of evidence for use with their case, they should always ensure that there is a clear date and time stamp. This will help to back up that the posts and account is theirs, and that they were the original proprietors of the information they shared on the account.
Verify that they own the account
Another key step is to verify that the individual is the owner of the account. Without this, there can always be a doubt as to whether it was the person who wrote the tweet or posted a Facebook status. After all, anyone can make an online profile under any name they like, and start posting pretending to be someone they aren’t. It is essential that the user is verified to be them, and that the account is secure.
Screenshots
Due to the ease of deleting posts from social media, screenshots should always be made and stored securely. This ensures that the evidence always remains, and it can’t just be wiped.
As time passes, social media is being accepted more frequently as legitimate evidence in court. Users should always be aware of what they are sharing online, as comments made several years ago can be brought back.
Joel Chapman, Online Marketing
‘Zombie Lawyers’ will be out on Halloween
‘Zombie Lawyers’ will be out and about in Slough High Street when the Aston Bond team parade in their Halloween attire on the 31st of October 2014 between 12:30PM and 1PM. The parade is all in aid of the charity Destiny Support, whilst also bringing some fun and sweets to Slough’s High Street. Aston Bond have a history of celebrating Halloween, and this year is no different. It is a spirited bit of fun with the serious purpose of raising money for local charity Destiny Support.
All those taking part have donated to the charity, and we’re asking the public to help us in our fundraising efforts. The firm has set a target of raising £250 by the end of the month for the charity through in-house sweet sales and online donations on our Local Giving Page. We will also be raising money and accepting donations in return for sweets as we parade through Slough’s High Street. The target is ambitious and there is a lot of work to be done, but the Aston Bond team feel that it is within reach as many individuals’s in the office could certainly be classed as ‘sweet tooth’s’! We will also be baking ‘Halloween Themed’ cakes and cookies to aid the fundraising for Destiny Support.
Here is a small bit of history regarding ‘Trick or Treat’, it is not the American fad many believe. It actually has its roots in pre-Christian Celtic times about 2,000 years ago when people believed that the dead returned to earth on Samhain. Bonfires were lit to pay homage to the dead. It also kept those dancing around the fire nice and warm, especially if they wore masquerade costume, just as they do today. The pagan Samhain festival is believed to have eventually become known as Halloween and merged with Christian All Souls Memorials. American settlers carried on the many winter customs including November Guy Fawkes Bonfire Parties and Halloween and made them their own with trick or treat. Naturally, children love to get the chance to dress up whilst getting sweets and therefore the ancient tradition was reborn.
We would love to see as many people out and about as possible, so come and join us in aid of Destiny Support and have some fun on October the 31st! We will continue to be fundraising in our reception as well throughout the month.