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Contracting out of the Landlord and Tenant Act 1954—procedure for an agreement to surrender a lease—checklist

Contracting out of the Landlord and Tenant Act 1954—procedure for an agreement to surrender a lease—checklist This Checklist covers the procedure for contracting out of the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954) prior to entering into an agreement to surrender a lease with security of tenure. For further content and guidance on contracting out of LTA 1954 in the context of an agreement to surrender, see Practice Note: Contracting out of the Landlord and Tenant Act 1954—agreement to surrender a business tenancy and for guidance on contracting out of LTA 1954 generally, see Practice Note: Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls. Does the agreement to surrender need to be contracted out? If a lease has been contracted out of LTA 1954, the landlord and the tenant can enter into an agreement to surrender that lease without following the statutory contracting out procedure required by LTA 1954, s 38A(2). See Practice Note: Contracting out of the...

Checklist—Making and administering a statutory declaration by video conference in insolvency proceedings

Checklist—Making and administering a statutory declaration by video conference in insolvency proceedings Background Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see section 89 of the Insolvency Act 1986 (IA 1986)) and where a company enters administration by an out of court appointment (see the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17). Section 20 of the Statutory Declarations Act 1835 (SDA 1835) prescribes the form of the statutory declaration to be given, as set out in the Schedule to SDA 1835. SDA 1835, s 19 states that a fee is payable and this is prescribed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration or affirmation, and an additional £2 for each exhibit therein referred to and required to be marked or for each schedule required to be marked. Apart from the form of the statutory declaration and provision as to fees, no other...

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Employment claims in Scottish civil courts

Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...

Application for disclosure of information supplied in order to obtain a warrant

Application for disclosure of information supplied in order to obtain a warrant The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, rr 5.7–5.10. These rules have been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note. Does a magistrate have jurisdiction to hear an application? Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed. When a court is considering an application for a search warrant and exercises its statutory power to grant one, the...

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Freedom of information—letter providing all the information requested [Archived]

Freedom of information—letter providing all the information requested [Archived] ARCHIVED: This Precedent has been archived and is not maintained. [Name] [Address] Ref No: [number] [Date] Dear [applicant's name] Thank you for your [letter OR email OR fax OR of [date of letter/email/fax from applicant] requesting information about [insert details]. The information you requested is enclosed. OR [If you have been unable to provide it in the format requested by the applicant because it was ‘unreasonable to do so’ then you should state why.] OR As you have asked to view the records in which the information is contained, and we are content to let you do so, please telephone me to make the necessary arrangements.] [The supply of information in response to a freedom of information request does not confer an automatic right to re-use the information. Under UK copyright law you can use any information supplied for the purposes of private study and non-commercial research without requiring permission. Similarly, information supplied can also be...

Freedom of information—letter informing an applicant that requested information is being withheld under a qualified exemption [Archived]

Freedom of information—letter informing an applicant that requested information is being withheld under a qualified exemption [Archived] ARCHIVED: This Precedent has been archived and is not maintained. [Name] [Address] Ref No: [number] [Date] Dear [applicant's name] Thank you for your [letter OR email OR fax] of [date of letter/email/fax from applicant] requesting information about [insert details]. I can confirm that the department holds this information. This information is exempt under section[s ][section number(s)] of the Freedom of Information Act 2000 and is therefore being withheld. [You should explain why the requested information falls into the terms of the qualified exemption and why the balance of the public interest test determines that the information is exempt from release.] Having considered the public interest, the Department’s decision is therefore to withhold the information. If you are dissatisfied with the handling of

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist you with your research into points raised in your question, we refer you generally to Practice Note: Data subject rights—access, which outlines among other things: • the scope of the right of data subjects to have access to...

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Environment weekly highlights—22 May 2025

This week's edition of Environment weekly highlights includes: analysis on the Department for Environment, Food & Rural Affairs's (Defra) consultation on reforms to the Environmental Permitting Regulations 2016 in an effort to streamline regulation, the International Environmental Protection Report, published by Defra, the government's plans for updating energy efficiency rules in the private rented sector and the reservoir safety reform programme. In addition this week, the Department for Energy Security and Net Zero (DESNZ) has announced that the Great British Energy (GBE) Bill has passed through Parliament, with legislative consent from all three devolved governments, the first UK-EU summit was held on 19 May 2025 which resulted in the agreement of a 'new strategic partnership' building on the Withdrawal Agreement and the Trade and Cooperation Agreement, including a commitment to work towards an agreement linking the UK and EU emissions trading schemes (ETSs). Further, this week, Defra has published its response to the Office for Environmental Protection (OEP)’s February 2025 review of the duty to have due regard to the...

Public Law weekly highlights—22 May 2025

This week's edition of Public Law weekly highlights includes: the ‘new strategic partnership’ between the UK and EU building on the Withdrawal Agreement and the Trade and Cooperation Agreement, updated procurement policy notes on utilities contracts and exempted contracts under the Procurement Act 2023 and a speech on AI from the Master of the Rolls. Also in this edition, a consultation from the Equality and Human Rights Commission on changes to its Code of Practice for services, public functions and associations, following the Supreme Court’s recent judgment in For Women Scotland Ltd v Scottish Ministers. Case law updates include a Supreme Court decision on the statutory interpretation of the Dartmoor Commons Act 1985, plus a number of judicial review and freedom of information cases. This edition features further updates on Brexit SIs, Brexit highlights, post-Brexit guidance, constitutional and administrative law, State accountability and liability, equality and human rights, judicial review, public procurement, information law, subsidy control and State aid.