Tughans Solicitors

SARs: “Subject Access Request” or “Subtracting from Annual Revenue”

The right for a data subject to have access to their personal data is a key principle of data protection law, and one which generally entitles individuals to submit a data subject access request (“SAR”) in order to receive copies of the personal data held about them, usually within one month and usually without being... Read More

Supreme Court dismisses appeal in Agnew

This morning, the UK Supreme Court handed down its long awaited decision in Chief Constable of the Police Service of Northern Ireland and another v Agnew and others, dismissing each ground of appeal. This case concerned police officers and civilian staff who brought claims for underpayment of holiday pay, having historically received only basic pay... Read More

New EU Rules banning misleading Environmental Claims – Is the net closing on “Greenwashing”?

The EU Parliament and Council have reached a provisional agreement on new rules to ban misleading advertisements and provide consumers with better product information. The deal requires final approval from both the EU Parliament and the Council. The vote by MEPs is expected to take place in November. When the directive comes into force, member... Read More

The Curious Case of ClientEarth, Shell and the Companies Act 2006: Is this the beginning of a new era of ESG related claims?

The recent case of ClientEarth v Shell plc , in which environmental charity ClientEarth attempted to bring a challenge against the British multinational oil and gas company Shell plc within the remit of the Companies Act 2006, serves to highlight a number of developing trends in national and global environmental litigation. In ClientEarth v Shell... Read More

Managing the Fallout: Business Strategies and Legal Implications in the Wake of the PSNI’s Data Breaches

When we hear about a data breach we tend to think about cyber attacks, hackers, or malware. However, most data breaches stem from some form of human error. This is particularly clear in light of the recent high-profile data breach incidents involving the Police Service of Northern Ireland (PSNI), where the personal details of 10,000... Read More

New Sustainable Disclosure Standards – rapid developments at home and abroad

To date, ESG reporting has been largely voluntary, leaning heavily on non-financial data. However, new regulations due to come into force in 2024 will require businesses to disclose both the impact their activities have on ESG metrics, and how they are prepared to mitigate physical risks and transition risks related to climate change. The summer... Read More

Mandatory Open Disclosure – the new Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023

In a long-anticipated development, Ireland has recently taken significant steps to prioritise patient safety with the introduction of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023. This legislation establishes a comprehensive framework aimed at promoting transparency within healthcare organisations and improving patient outcomes. Its key provisions highlight an extensive approach to enhancing healthcare... Read More

Health and Safety at Work: Spotlight on Pregnancy

Under the Health and Safety at Work (Northern Ireland) Order 1978, and related regulations, all employers have a duty to protect the health and safety of their employees in the workplace. This duty is enhanced in relation to expectant and new mothers, while also protecting employees of childbearing age.   As part of your health... Read More

Race for Green Growth hots up but is the UK lagging behind?

Wildfires in the southern Mediterranean have brought climate change to the top of the news agenda again.  Closer to home, the European Space Agency (ESA) report that some of the most intense marine heat increases on Earth have developed in seas around the UK and Ireland, with water temperatures as much as 3 to 4C... Read More

Retrofit-first – Can we have a clear policy first?

Michael Gove’s decision to halt the demolition of the M&S London flagship store in Oxford Street has caused shockwaves across the development industry.   The secretary of state went against the recommendations of the Planning Inspectorate and stopped plans to knock down and rebuild Orchard House, a 1929 art deco building, over concerns that the... Read More