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How a Garden Dispute Launched a Multi-Million Dollar Court Battle

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Have you ever found yourself frustrated with your neighbor? Whether they have a habit of playing their music just a bit too loud in the middle of the night or their dog/child refuses to give you a moment’s peace, chances are we’ve all had to face a frustrating neighbor at some point in our lives. But if you think blasting music is an issue, imagine your disdain when you discover your neighbor is trying to sue you over a tree in the backyard. Well, that’s just what one couple had to go through. The couple, who shall remain nameless for legal reasons, had been living in their new home for around 6 months with no issue. They had finally found their own little section of paradise when a letter came through the door that would turn their perfect world upside down over the next few years. One lovely summer day, the couple had come home from work to discover a letter inside their door addressed to them.

 

In it, they found a letter addressed to ‘The Couple in # 47’* (*house number has been purposely changed). In the letter, it explained how their next-door neighbor was getting frustrated with the growth of #47’s tree. They went on to say that it has been an ongoing issue and if it wasn’t sorted within the next week, the neighbor would be forced to take matters into their own hands. The couple scoffed at the letter and set it on their table. They wound up forgetting about it and a week had passed. If you’re looking to avoid mimicking this issue, why not keep your trees and your relationship with your neighbor in order by checking out tree loppers Perth for all your Australian tree grooming needs.

 

The couple had heard nothing and even began to forget about the letter when early one morning, they were woken by a loud crash. They didn’t worry and continued with their day; it wasn’t until later that week that they received an official court summons. The neighbor claimed that they had forced him to take matters into his own hands, and after trying to deal with the tree, he had wound up causing damage to his shed out his backyard and was wanting to sue the couple for damages. What followed was a ridiculous back and forth that cost both sides millions of dollars.

 

So, What’s the Moral of the Story?

The moral of the story is that no matter what the issue is, communication and proper research is key to solving any problem that may come your way. You can find out how the Australian laws work in your own backyard and can know for yourself what you’re entitled to. Keep yourself covered by staying with these laws and be cautious when exploring some of the grey areas.

Keep yourself knowledgeable of what you can and can’t do and who knows, someday you might be saving yourself from splurging on millions of dollars on legal fees.

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What Are Companies Legally Allowed to do with Your Data

It seems that in this internet age we are slowly but surely giving away all of our personal and deeply important liberties. It feels like there is a new story every day of a tech giant selling our data or overstepping their boundaries. The confidence these big tech firms have comes from an awareness that the everyday internet user does not fully understand their internet rights. This has led almost every site using cookies to track and consume your internet footprint to distort to their own needs. This passage will aim to break down what a company is actually legally allowed to do with your data, so you know of and are aware of any wrong practices.

 

What Data can They Collect?

Firstly, I feel it is important to understand just what data a website can collect before we obviously go into how they choose to use it. Under current US internet law, any company can access your location information, how long you choose to spend on a website, your internet history, and the activity on any given site. So, please do keep this in mind as I examine what they choose to do with this information.

 

Targeted Advertising

Targeted advertising may not be a practice that many are not even aware of, but companies can and will use your internet search history to give you certain advertisements. So, for a thought exercise let us say you have been searching for tennis rackets on google, you should then expect to see an uptick in tennis based advertisements. It is as simple as that. This most certainly does feel like quite a shady practice, that may be open to corruption. The idea in principle is meant to lead to advertisements that the user may find useful and relevant. As stated in the above text, this is companies using their access to your internet search history. So before consenting or ticking an option keep this in mind.

 

Site User Analytics

This is another practice you may not have been aware of, but companies will access your information to find out which demographics you fit into. Let us say that a company is looking for more users in the 18-25 female demographic, to understand how to reach their quotas they will access your data to see where you fit and what exactly you chose to interact with on the site. This means that companies will legally be able to see your name, age, and gender; to process and analyze as they please.

 

Hardware Analytics

Companies often store the type of hardware that a consumer is using, in order to gain an understanding of your processing power. This will also be used to gain an understanding of when and where you choose to access different sites. If a user uses his computer mainly at home for recreative purposes then sites will store this information. This information is most often sold back to tech companies so they themselves can understand how their hardware processes different sites and software in the field.

 

If you are looking for extra safety then perhaps read the list of companies – fcra compliance site, and remember to always read the small print of any agreement, it truly does not matter how small it may seem. The agreements will usually come in the form of website cookies, and though they may seem innocent they do allow for far wielding access to your internet habits and personal information.

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How Different European Countries Decide on New Laws

How Different European Countries Decide on New Laws

Law is an integral part of society today and you would be amazed at how many people don’t know the decision making that goes behind the rules that govern our lives. How many times have you wondered why that law is there? Or who came up with it, and why? Thankfully, there is a lot of information on Dutch lawfirm Le Poole Bekema explaining how European countries, such as Holland, decide on the new laws. There’s a lot more to it than just picking and it often takes years to establish new laws.

Many counties in Europe are part of the EU and this has a massive effect on the laws they implement. The European Commission proposes laws that are inside the EU’s parameters. That is to say, they are laws that the EU approve of. The level of scrutiny of these laws is then much higher because they not only represent that country but the EU as a whole. This means the laws are heavily reviewed, checked by professionals, and updated when necessary, all so that they are as effective as possible. Any new European laws are proposed by the European Commission. The laws are set up and refined by them so that the interests of the union are protected and as a result, it’s citizens. The European Commission will send a legislative proposal to the European Parliament and also the Council of the European Union who then must reach an agreement on the text for it to become an actual law.

A lot of people can have their say in the law-making process, including businesses, members of the public, public authorities such as the police, and stakeholders. This concept, known as better regulation, is a huge part of the process of creating new laws. It shows the European Commission actually listens to those that the laws will directly affect and it is usually evidence-based. It allows the laws to be put in place for the people to improve the things that really need to be improved. this helps the Commission to reach its target at a low cost and with less work going into the admin side. It shows people that they are being listened to and therefore feels more inclusive.

There are many ways interested members of the public and shareholders can suggest new laws, such as impact assessments, legislative proposals, elements of evaluations and fitness checks, or previous laws and roadmaps where the Commission demonstrates new ideas for policies or reviews of existing ones.

Passing Law

Whenever a law is passed, the Council of the European union can authorize the Commission to take two types of acts that aren’t legislative to ensure laws are implemented properly or updated if required. If it wasn’t clear by now, the Commission is solely responsible for ensuring whether the EU laws are applied on time and in a suitable manner.  That is why many refer to it as the Guardian of Treaties. If an EU country does not apply the law in the intended fashion or worse, doesn’t make the proposed legislation part of the new law at all, it will take steps to correct this. These steps may include holding formal infringement hearings, against the particular country. This has been known to happen in the past.

The benefit of the Commission is used to set up new European laws is it is monitored heavily. The EU laws are regularly evaluated to see if they have had the desired effect they were set up to do. the findings of the evaluation will encourage the Commission to decide whether or not the EU actions have any need to be changed. They really listen to the public as anyone is able to give feedback and take part in evaluations and checks on the laws.

The impact the EU has had on European laws is astronomical. Since the Second World War, the EU has intended to deepen its integration in search of a peaceful future and growth in the economy. By regulating European laws, they are able to help in a big way and ensure the public and businesses really get their voices heard. The European Parliament is the only elected EU body and they are the ones tasked with proposing the laws, implementing decisions, regulating issues, and representing the EU around the world. It may not be able to propose legislation but laws cannot pass through it without their approval. Currently, the leader of the EU parliament is Italian politician, David Sassoli.

The Council of Ministers, also known as the Council of the European Union, are the ones who also need to approve of legislation before it passes. They consist of government ministers from all countries of the EU and they are all organized by their area of policy.

 

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Why the EU is Looking to Change Inheritance Law

Legal disputes during the grieving process are never ideal. The time is bad enough without further complications and everyone deserves that period to be as least stressful as possible. That is what inheritancelaw really understands. they are based in Manchester, Birmingham, and London.

Cross Border Inheritance

Recently, lawyers have cautioned that UK people with assets and belongings in Europe could, unbeknownst to them, leave them to the mercy of the English law after new rules have emerged, and cross border inheritance has come into effect.

I can’t tell you how mad this makes me. It’s another post Brexit thing and I’m sick of it.

The whole purpose of this change is to make it easier for EU residents by giving them the choice between either choosing the law of the country of their nationality or the last place they lived to have an effect on their inheritance.

Forced Heirship

And what’s more, the UK has elected not to follow the new rules but the changes will still affect the UK citizens with, as I said, assets and belongings in Europe. The biggest uproar from this is it allows people to be exempt from the ‘forced heirship’ rules that affect a large number of countries in the EU and dictate how assets are inherited throughout a family after death. The Society of Trust and Estate, as an example of how the rule will be used in action, has said a woman in the UK that owns a house in France would have had to have left it in her will to her husband and kids. This is due to the French Forced heirship rules.

However, because of the new rules implemented, she could choose to have the UK law affect her house, allowing her to leave it to a sibling if she chooses. It offers more freedom. Unfortunately, this also means that people not born in the UK could be affected by their laws without even noticing it.

This could be incredibly problematic and, as I have said, the grief period is a stressful and awful time anyway without this piling on top.

People that don’t want the English law to have an effect on their assets will need to alter their will to make this clear and people with assets across the EU are being urged to review their plans and wills.

If someone in your family or a close friend dies and you are an heir, as a basic rule, you can settle their inheritance with:

  • A person authorized to perform legal actions of any EU country
  • The courts where the recently deceased lived before their death.

Heirs Choosing the Court

So if there is an issue that needs to be resolved by a court, as an heir you will normally be required to go to the courts of the country in the EU where the deceased previously lived. On the other hand, if the deceased had, in fact, chosen that law of their nationality to apply to what they’re leaving behind, and that is also the nationality of an EU country, you and other heirs can present the issue to the EU courts of that country.

If you are an heir, you also need to prove your entitlement.  Usually, this comes from a national document certifying your status. You can also ask the powers that be to grant you a European Certificate of Succession. So overall, the benefit of this is that it means its effects are identical throughout the EU regardless of where it was given and it’s recognized without any additional procedure. It can be obtained from any EU court.

 

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