IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit—implications for data protection FAQs for Insolvency Practitioners These FAQs were drafted by Allison Broad at the Institute of Chartered Accountants in England and Wales (ICAEW) with contributions from Caroline Sumner at R3 and staff at the ICAEW, Institute of Chartered Accounts Scotland (ICAS) and the Association of Chartered Certified Accountants (ACCA) to provide guidance jointly for members of the ICAEW, the Insolvency Practitioners Association (IPA), ICAS, the ACCA, Chartered Accountants Ireland and R3. Originally posted on 29 May 2018, these FAQs set out some key issues for insolvency practitioners (IPs) to consider when looking at their obligations under the General Data Protection Regulation (GDPR). Since the FAQs were originally drafted, the ACCA has ceased to be a recognised professional body for IPs. What changes do I need to make to my appointment notices for the GDPR? Post 25 May 2018 your appointment notices need to include a privacy notice. A privacy notice
The Payment Accounts Directive (Directive 2014/92/EU) (PAD) is intended to enhance transparency and comparability for consumers in respect of payment accounts. In particular, the PAD: • makes it easier for consumers to compare fees charged by banks and other service providers across the EU • facilitates consumer switching of payment accounts, and • entitles all EU consumers to open a payment account that enables them to perform essential functions such as receiving their salary and paying bills The PAD has its origins in the European Commission's consultation on retail bank accounts, opened in March 2012, which assessed the need for action in the areas of transparency and comparability of fees, account switching and access to basic payment accounts. This followed a retail banking sector inquiry in 2007 which had identified these factors as obstacles to consumer choice and mobility. Member States' subsequent attempts to tackle the problems at a national level had led to a lack of uniformity across the EU to the detriment of the single market. The consultation suggested some consumer appetite for legislation at the EU-level while the industry generally was less persuaded of the need for new EU legislation. The PAD, which clearly targets the problems identified in the consultation, was published in the Official Journal of the EU on 28 August 2014, and entered into force on 17 September 2014. Member
Art law—authenticity, provenance and attribution of artworks ‘The attribution of works of art to particular artists is often a matter of great controversy’ (per Sir Raymond Evershed MR). The value of the art market continues to grow, and the attribution of a work to a particular individual can have a dramatic impact on its sale price. As Jordan Holland, a barrister involved in the art law area has said in an article on this subject: ‘ … a desirable attribution has the capacity to raise the price of a piece from tens of thousands of pounds to tens of millions of pounds. When this is taken together with the influx of new collectors, buyers and art investors into the market it is hardly surprising that the court is being asked to consider the attribution of art and cultural property on an increasingly frequent basis. In doing so, it is required to answer questions which are different from those with which it is usually faced’. See: The approach of the English court to connoisseurship, provenance and technical analysis, Jordan Holland, Dec. 2012, Art Antiquity & Law (Vol. 17, Issue 4), Institute of Art and Law (Not available on Lexis®️). This Practice Note examines disputes in relation to the authenticity of artworks, ie the attribution of a piece to a particular artist. There are a broad range of issues that can
Brexit timeline On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU. At 11 pm on 31 January 2020 (exit day), the UK’s formal withdrawal from the EU took effect and the UK ceased to be an EU Member State. Exit day marked the end of the withdrawal period under Article 50 TEU and the start of a time-limited transition/implementation period, during which the transitional arrangements provided in Part 4 of the Withdrawal Agreement applied. The transitional arrangements provided a standstill period during which the UK and EU worked to implement the Withdrawal Agreement and negotiate an agreement on the legal terms of their future relationship, to take effect after the transition period. The EU-UK Trade and Cooperation Agreement (TCA) was agreed on 24 December 2020, one week before the transition period ended at 11 pm on 31 December 2020 (IP completion day). This Practice Note sets out a timeline of key events and updates (in reverse chronological order) in the post-transition period, focussing in particular on the implementation of the TCA and associated agreements, follow-up actions in respect of the Withdrawal Agreement
Fixed costs in road traffic accident claims NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (subject to exceptions set out in CPR 26.6A and CPR 26.6B). For further details see: The RTA small claims protocol—key features checklist. Fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) applies to road traffic accident (RTA) claims: • where the claim includes damages in respect of personal injury; and • where the small claims track would not be the normal track and damages are valued at no more than £25,000 where the accident occurred on or after 31 July 2013 or £10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013, and • where the accident occurred in England or Wales Fixed costs under Section III of CPR 45 (CPR 45.16 to CPR 45.29) The only costs allowed are: • fixed costs; and • prescribed disbursements • if the case settles after the Court Proceedings Pack has been sent
Public rights of access under the Countryside and Rights of Way Act 2000 Part I of the Countryside and Rights of Way Act 2000 (CRWA 2000) provides a statutory public right of access on foot over: • mapped areas of ‘open country’, including mountain, moor, heath and down • virtually all registered common land • ‘coastal margin’, as specified by the Secretary of State under CRWA 2000, s 3A • ‘dedicated land’, ie land dedicated by its owners for public access under CRWA 2000, s 16(1) Any land which is subject to the public right of access is called ‘access land’. Mapping access land In England, the extent of current access land is mapped by Natural England. Natural Resources Wales fulfils the same function in Wales. These maps are regularly reviewed and updated in accordance with CRWA 2000, s 10. These maps should be searched, and appropriate preliminary enquiries should be made, when acting for the buyer of potential access land. ‘Coastal margin’ The ‘coastal margin’ is essentially a long distance walking trail around the open coast of England and Wales, together with adjacent land. More information about the English Coastal Path is available on the Natural England and Natural Resources Wales websites. For information on marine planning on the coastal margin, see Practice Note: Marine planning under Marine and Coastal Access Act 2009. Dedication of access land Land may be voluntarily registered as access land
Freezing injunctions—interpretation and practical implications As discussed in Freezing injunctions—the draft order, the contents of a draft order for a freezing injunction should, in the first instance, follow the wording of the example found at CPR PD 25A, Annex A—Freezing injunction. It is therefore essential that you understand how the standard terms in freezing orders have been interpreted in practice so that you know the likely scope and limits of what can be achieved by adhering to that wording. Equally, defendants or third parties being served with a freezing injunction will want to know precisely what they can and cannot do as a result of the order. This Practice Note therefore examines the court’s approach to interpreting freezing injunctions, including how certain standard terms in freezing injunctions have been interpreted by the courts and the practical implications of freezing injunctions both for defendants and third parties affected by them. In this Practice Note: • ‘standard freezing order’ refers to CPR PD 25A, Annex A—Freezing Injunction • ‘the Commercial Court order’ refers to the form of freezing injunction found at Commercial Court Guide, Appendix 11, and • reference to ‘both standard orders’ or ‘the standard orders’ means both the standard freezing order and the Commercial Court order For the avoidance of doubt, unless otherwise stated, the principles discussed in the following sections are equally applicable to both standard orders. For guidance on the differences
Common assault and battery The offences of common assault and battery Technically, the offences of assault and battery are separate summary offences. An assault is committed when the defendant intentionally or recklessly causes another to apprehend immediate and unlawful violence and battery is committed when a defendant intentionally or recklessly inflicts unlawful force. Although battery may follow an assault that is not always the case. Common assault and battery can only be tried in the magistrates' court, unless the attack is racially motivated, in which cases the offences can be tried in the magistrates' court or Crown Court by virtue of the Crime and Disorder Act 1998 (CDA 1998). See Racially or religiously aggravated assault below. In proceedings for common assault or battery, where the alleged behaviour of the accused amounts to domestic violence, and the complainant has: • made a witness statement with a view to its possible admission as evidence in the proceedings, and provided the statement to a police constable, or a person authorised by a police constable to receive the statement, or • been interviewed by a police constable, or a person authorised by a police constable to interview the complainant, and a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings Proceedings may be commenced any time within two years from the
Applying to naturalise as a British citizen: eligibility Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do not fulfil automatic registration criteria but who have lived in the UK for specified periods to apply to become a British citizen. A person who becomes a British citizen through naturalisation is considered a British citizen otherwise than by descent. The current legal framework governing the criteria under which an application for naturalisation can be made is set out in the British Nationality Act 1981 (BNA 1981). BNA 1981, s 6 and Sch 1 set out a series of requirements, some of which are compulsory and others of which are subject to an exercise of discretion on the part of the Secretary of State for the Home Department (SSHD) to disregard. The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is in Crown service overseas or married to a British citizen in such service. Naturalisation, unlike registration, is not an entitlement. The grant of a certificate of naturalisation is at the discretion of the SSHD. Under BNA 1981, s 6, the SSHD may grant a certificate of naturalisation to a person of full age and capacity if satisfied that person meets the requirements set out in
Codicils Codicils may be used for making any alteration in a Will, such as to alter the executors or make changes in legacies, whether by addition or deletion. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more appropriately used for the purposes of making minor alterations, such as a change of executors or an additional legacy. However, care needs to be taken even if only making a slight alteration by codicil as any changes can easily cause confusion. Care must be taken when drafting a codicil. In particular, ‘as if’ revocatory clauses are particularly risky for the reason stated by Megarry J in Re Lawrence's Will Trusts: 'In truth, "as if" clauses are perilous devices: it is a rare draftsman who can foresee all the possible consequences of a relentless application of the hypothetical state of affairs that he is bringing into being.' Given that the words ‘as if’ are often used in codicils, care must be taken and a new Will considered. A change to one part of the Will can render other parts in need of change, so a review of the original Will in the light of any change is required. In cases of urgency a codicil may be the only viable option. Meaning of codicil A Will or testament is a declaration, made in accordance with the
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Remeasurement 1 [Gross Internal Area means the gross internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition). OR Net Internal Area means the net internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition).] 2 When the [frame OR shell OR [other relevant point of construction]] of each of the relevant parts of the Works i
[Insert as additional definition:] Outplacement Counselling services that meet conditions A to D inclusive in section 310 Income Tax (Earnings and Pensions) Act 2003[ and travel expenses incurred in connection with the provision of those services, that meet condition E in that section]; [I
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Final receipt paying residuary beneficiary [enter name of firm] [enter firm’s address] In the estate of the late [name of deceased] I [name of beneficiary] of [enter address] confirm receipt of the sum of £[enter amount] from [enter
Lease of whole building—hotel LR1. Date of the lease [date] LR2. Title Number(s) LR2.1 Landlord's title number(s) [title numbers out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Tenant [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Other parties [ Guarantor [[name of Guarantor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address]] [details and specify capacity of other parties (eg management company etc)]] LR4. Property In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail. The Property as defined in clause 1. LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003. [None. OR [applicable prescribed statement]. OR See clause [relevant clause reference].] LR5.2 This lease is made under, or by reference to, provisions of: Not applicable. LR6. Term for which the
Lease of bare land for car parking style="caps">DATE [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Tenant) 1 Definitions In this Lease, the following definitions apply: 1987 Order • the Town and Country Planning (Use Classes) Order 1987, SI 1987/764 in its form as at 31 August 2020; 2003 Order • the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003, SI 2003/3096; Adjoining Property • any property adjoining or near to the Property; Annual Rent • £[amount] a year; Competent Authority • any authority which has jurisdiction in relation to the Property, its occupation or use; Conduits • any media and associated equipment for conducting energy, data or substances; Consent • a written consent obtained from the Landlord; Costs • are any costs, losses, damages and liabilities, whether or not resulting from claims, demands, actions or proceedings; Deposit • £[amount]; Forfeiture Event • (a) the instigation of any process or proceedings: i for the appointment of an administrative receiver, administrator, liquidator, monitor, provisional liquidator, receiver (or manager), supervisor, or trustee in bankruptcy, in relation to the Tenant or its property; or ii by way of execution or enforcement of any debt against any assets of the Tenant; (b) the Tenant: i is unable to pay its debts within the meaning of section
Personal data sharing agreement—independent controllers—one-way This Agreement is made on [date] Parties 1 [insert name of disclosing party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Disclosing Party), and 2 [insert name of receiving party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Receiving Party), (each of the Disclosing Party and the Receiving Party being a party and together the Disclosing Party and the Receiving Party are the parties). Background (A) The parties have identified a requirement to share the Shared Data for the Permitted Purpose. (B) The parties have decided to create a framework for the [systematic OR ad-hoc OR one-off] sharing of the Shared Data, which is likely to require sharing of the Shared Personal Data. (C) The Disclosing Party considers that it may share the Shared Personal Data with the Receiving Party on the legal basis of the Permitted Lawful Basis. (D) [The parties have completed a data protection impact assessment in respect of the planned sharing of the Shared Personal Data under this Agreement, and have agreed that this Agreement will assist with mitigating certain risks that have been identified.] (E) The parties’ objectives in sharing the Shared Personal Data, and the reasons why that is necessary, are set out at paragraphs 1
Lease of a rooftop area to an electronic communications operator—new code HM Land Registry Prescribed Clauses [ LR1. Date of the lease [date] LR2. Title Number[s] LR2.1 Landlord’s title number [s] [title numbers out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Tenant [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Other parties None LR4. Property In the case of a conflict between this clause and the remainder of this lease, for the purposes of registration, this clause shall prevail. The property described in Part 1 of Schedule 1 to this Lease.This Lease contains provisions relating to the creation or passing of easements — see clause 3.1, clause 3.4 and Part 2 of Schedule 1. LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003 [None OR [applicable prescribed statement] OR See clause [relevant clause reference]]. LR5.2 This lease is made under, or by reference
Recognising crime—red flags and warning signs for staff—law firms You must remain alert to the red flags and warning signs of crime potentially taking place in our organisation. While you do not have to behave like a police officer, you must make the sort of enquiries that a reasonable person (with the same qualifications, knowledge and experience as you) would make. This awareness tool identifies typical red flags and warning signs that may indicate that our firm is involved in or is itself being used to commit crime (eg money laundering, terrorist financing, bribery, corruption, property or mortgage fraud or organised crime). These factors do not automatically mean that crime is taking place, but you should be aware of them and pay particular attention to matters where a number of factors are present. These red flags and warning signs would normally require further investigation. Methods for committing crime change all the time. We have set out below typical general red flags and warning signs, broken down into three categories: (1) the client, (2) the money, (3) the transaction and then signs to look out for in specific areas of work. The lists are not exhaustive. 1 The client Red flags and warning signs in relation to the client include where the client: —is excessively obstructive or secretive; —is a politically exposed person (PEP); —uses an intermediary, or does not appear to be directing
Procedural order for a remote hearing in international arbitration PROCEDURAL ORDER NO. [insert number] Having considered the parties’ submissions, the Tribunal orders as follows: 1 Hearing by video-conference 1.1 The [insert hearing description] (the Hearing) shall be conducted by video-conference, using [insert name of video-conferencing platform] as the video-conferencing platform (the Platform). The Tribunal considers that this is a reasonable alternative to an in-person hearing [eg, in light of the coronavirus (COVID-19) pandemic, lockdown measures, social distancing orders and travel limitations.] It will provide the parties with a fair and reasonable opportunity to be heard and allow the arbitration to proceed in accordance with [insert reference to any duties set out in the applicable rules of arbitration or under the arbitral law of the seat to conduct proceedings expeditiously, efficiently and without unnecessary delay]. 2 [Prior directions concerning the Hearing] 2.1 [This Procedural Order supersedes [insert references to any prior directions to the extent inconsistent with this Procedural Order or no longer applicable].] 2.2 [[Insert references to any provisions of prior Procedural Orders or other directions by the Tribunal concerning the Hearing that are to continue to apply] shall continue to apply.] 3 Hosting [and technical support] 3.1 [[The institutional case manager/tribunal secretary/case monitor/other person] shall act as the host for the Hearing (the Host). The Host shall liaise with the Tribunal and parties to ensure that the Hearing is held in accordance with
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Do I need to have a redundancy policy and, if so, should I include it in my staff handbook? This Q&A examines the issues an employer should consider when deciding whether to have a redundancy policy and, if so, where it should be published and what it should cover. Employers can choose to deal with redundancies in any one of three ways: • an ad hoc approach—no formally established arrangements, with practice varying according to the circumstances of each redundancy • a formal policy (see Practice Note: Policy documents in employment) setting out the approach that the employer will take but without seeking the prior agreement of trade unions or employee representatives to that approach • a formal collective agreement (see Practice Note: Collective agreements) negotiated and agreed between the employer and trade union or employee representatives through collective bargaining An employer’s decision as to which way to approach redundancies will depend upon a number of factors, such as: • size of employer: ◦ in a small business the numbers of redundancies are likely to be relatively few and therefore unlikely to trigger collective consultation obligations; a less formal ad hoc approach requiring no written procedure may be attractive ◦ larger employers and/or those likely to face a number of redundancies in the future may be best served by a more formalised policy • desire for consistency and a level of certainty—a policy or
How do I secure and maintain privacy in a remote access mediation? Keeping your mediation discussions confidential is of course extremely important, not just from disclosure to the other side but also confidential from third parties. Here are some tips on how that risk can be controlled in video conference (VC) mediations: Controlling who attends the VC mediation: • have a meeting passcode—one-click meeting invitations can be copied to third parties, so having a meeting passcode adds a layer of authentication. Requiring a passcode is a setting enabled by the host, usually the mediator • use the ‘waiting room’—if the VC platform allows it, the host may enable a so-called waiting room function, which ‘holds’ meeting invitees in a separate space before he/she admits them individually to the meeting proper • lock the meeting—after the host has started a VC session, he/she can lock the meeting, such that newcomers are unable to join late even if they have the invite and passcode • mute or remove participants—the host can centrally manage all participants, so if an uninvited guest somehow got into the meeting, he/she can easily be muted for the remainder of that meeting or expelled • disable participant privileges—functions like screenshare, whiteboard annotation, personal virtual backgrounds and chat can all be disabled by the host, if considered a threat to privacy. For obvious reasons, locking meetings, muting or removing participants and disabling participant privileges are only likely to be relevant for
How do I enforce a High Court Costs Order? Enforcement generally Part 70 to the Civil Procedure Rules (CPR) sets out the general rules about enforcement of judgments and orders and should be read in conjunction with Practice Direction 70. Enforcing money judgments A costs order (made in any court context, whether interim, first instance or on appeal) is a money judgment that may be enforced in any of the usual ways of enforcing money judgments, subject to any stay of enforcement, which may be prescribed in the order itself. Under the CPR, there is provision for enforcing a High Court Judgment in the County Court and the rules in relation to this area are specifically set out in CPR 70.3. We would also refer you to our Practice Note: Which enforcement of judgment method should I choose?—High Court/County Court—practical considerations, which sets out the relevant points to consider when deciding on what forum within which to enforce a judgment. Enforcement methods The method of enforcement chosen will inevitably dictate the precedent required. The relevant precedents for each method of enforcement are set out in the information and links to Practice Notes below. Taking control of goods—involves instructing a certified enforcement agent to enter the judgment debtor's premises and 'take control' of goods in order to sell them and apply the proceeds of
Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7? CPR 11 CPR 11 concerns how a party may contest jurisdiction, either by arguing that the courts of England and Wales do not have jurisdiction to try a claim or by arguing that they should not exercise such jurisdiction because there is a more appropriate forum for the claim elsewhere (an argument on ‘non conveniens’ grounds). The purpose of having specific procedural rules is to avoid confusion regarding what steps will amount inadvertently to accepting jurisdiction, and to ensure that jurisdictional challenges are raised at an early stage. The procedure set out is that the party seeking to contest jurisdiction must first file an acknowledgment of service in accordance with CPR Part 10. Failure to do so exposes the party to the usual risk of default judgment. For obvious reasons, the box on the standard form indicating that ‘I intend to contest jurisdiction’ should be ticked. The party then has 14 days to make an application for a declaration that the court either has no jurisdiction or should not exercise such jurisdiction as it may
Will the surrender of a lease of commercial premises to a landlord and the re-grant of a lease by the same landlord of the same premises to a tenant as a single flat falls within the definition of 'relevant disposal', accordingly triggering the statutory rights of pre-emption legislation under the Landlord and Tenant Act 1987? 'Relevant disposal' has an extremely wide meaning and includes the disposal of any estate or interest (whether legal or equitable). Section 4 of the Landlord and Tenant Act 1987 (LTA 1987) provides an exhaustive list of types of disposal which do not trigger a tenant’s right of pre-emption. Section 4(1) provides that: '(1) In this Part references to a relevant disposal affecting any premises to which this Part applies are references to the disposal by the landlord of any estate or interest (whether legal or equitable) in any such premises, including the disposal of any such estate or interest in any common parts of any such premises but excluding— (a) the grant of any tenancy under which the demised premises consist of a single flat (whether with or without any appurtenant premises); and (b) any of the disposals falling within subsection (2).' Section 4(3) provides that: 'In this Part “disposal” means a disposal whether by the creation or the transfer of an estate or interest and— • (a) includes the surrender of a tenancy and
Where a person dies without a will while domiciled in Germany, but was habitually resident in England, will the estate pass under the English intestacy rules? Can the PR apply for a grant of probate in England? I am only interested in the position under English law. The Practice Note: Intestacy—beneficial entitlement outlines the intestate rules and provides the following: If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: • all the movable property of the deceased wherever situated, provided the intestate was domiciled in England and Wales, and • all immovable property of the deceased in England or Wales, whether the deceased was domiciled there or elsewhere Therefore, the extent to which the intestacy
Would land transferred under a transfer scheme pursuant to section 53A of the Housing and Regeneration Act 2008 has been the subject of compulsory first registration pursuant to section 4 of the Land Registration Act 2002? Ever since the system of registration of title was introduced into England and Wales in 1862, statute has set out circumstances in which land must be the subject of registration. As recently as 2014, HM Land Registry stated on one of its blogs that 15% of land in England and Wales was not registered. This will be because there has not been a dealing with it which has triggered registration since it became compulsory to do so. See HM Land Registry first registration—checklist. The Land Registration Act 2002 (LRA 2002) continues the policy of ensuring that land is registered. LRA 2002, s 4 provides that the requirement of registration applies on the occurrence of a number of events. Among those which are most likely to arise are the transfer of a qualifying estate for valuable or other consideration, by way of gift or in pursuance of an order of any court (LRA 2002, s 4(1)(a)(i)). For these purposes, a qualifying estate is an unregistered legal estate which is either a freehold estate in land or a leasehold estate in land where at the time of the transfer there is more than seven
Does the GDPR prevent law firms or other professional services providers from charging clients for storing or retrieving their files? Law firms—sector specific guidance Please see Q&A: Can I charge a client for retrieving and or returning their file? This is based on Law Society guidance that clearly anticipates firms can charge clients for file storage and retrieval. We have, therefore, retained the section in Precedent: Terms of business for law firms, that states: ‘If we retrieve your file from storage [(including electronic storage)] in relation to continuing or new instructions to act for you, we will not normally charge for the retrieval. If we retrieve your file from storage for another reason, we may charge you for: • time spent retrieving the file and producing it to you • reading, correspondence, or other work necessary to comply with your instructions in relation to the retrieved file; and/or • providing additional copies of any documents [We will provide you with an electronic copy of the file unless it is inappropriate to do
How do I stop online abuse of my brand Brands and the Internet Brands can exploit the Internet as a platform for cost-effective marketing and rapid business expansion. However, those technologies which help brands gain a global reach also facilitate infringers and criminals misusing brands by way of cybersquatting, selling counterfeit goods, profiting from misdirected customers, etc while hiding behind the anonymity of the Internet. Your brand may also be under threat by critical competitors, customers, employees or pressure groups. There are many facets of online activity that can tarnish your brand, confuse and frustrate customers and ultimately result in a loss of business. Register trade marks and domain names While trade mark registrations are not an essential means to brand protection and enforcement, registrations mean you can take action for trade mark infringement which is usually simpler and cheaper than more evidence-based actions such as passing off in the UK or unfair competition in Europe. Ensure that trade mark and domain name registrations are in place for key trade or product names. Consider including countries where you may not have customers but nonetheless there is a threat of infringing activity, eg China because of the extent of mass manufacturing of counterfeit goods. For further information see: Trade mark law and regulation—overview. Beware of cybersquatting Your most valuable online brand asset is likely to be your domain name(s). Review your
How do I deal with database extraction and re-utilisation? Protection of investment A database right in a database is infringed if an alleged infringer extracts or re-utilises all or a substantial part of its contents or where systematic extraction or re-utilisation of insubstantial part of the contents of the database amounts to the extraction or re-utilisation of a substantial part of those contents. The right to prevent extraction and re-utilisation stems from the database right that protects the investment of the maker of the database in the arrangement and verification of it. This protection of investment is the main point for the client to understand. The protection is not given to the investment in the creation of information but on investment made in the generation of a database as a storage and processing tool for information. 'Substantial investment' is an investment that is considerable in, for example, financial, human or technical resources in a qualitative (intellectual effort or energy) or quantitative sense, or both (see the Directmedia case). Bringing a claim—the risks Database right arises naturally (without a need to register) in a database where there has been substantial investment in obtaining, verifying or presenting its contents. Not all databases are protected by the database right. The only ones that are protected are those in which there has been substantial investment. Discuss with your client that challenging an infringer regarding
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Restructuring & Insolvency analysis: This article looks at how Estonia has implemented Directive (EU) 2019/1023 as part of the Joint Project between INSOL Europe and Lexis®PSL to track implementation. Written by Signe Viimsalu of SIGN9 (INSOL Europe’s Country co-ordinator for Estonia).
These Brexit highlights bring you a summary of the latest Brexit news and legislation updates from across a range of LexisNexis® practice areas.
A round-up of UK competition law developments, including (amongst other things) (1) the publication by the CMA of its response to the Scottish Government’s statutory school uniform guidance consultation, and (2) the CMA’s decision to accepting the commitments offered by the parties in relation to its investigation into a capacity sharing agreement between P&O Ferries and DFDS.
This week's edition of PI & Clinical Negligence weekly highlights includes analysis on an occupational disease claim which held a claimant’s right to further damages under a provisional damages order passes to their estate after their death. We also include two clinical negligence High Court decisions; one considering an application for claimant anonymity and the second ruling on a negligently performed surgery. In addition, we have our usual round-up of key cases and news and New Law Journal articles of interest.
This week's edition of Environment weekly highlights includes analysis on Perfluoroalkyl and Polyfluoroalkyl Substances, the judgment in R (on the application of New Earth Solutions (West) Ltd) v Environment Agency in which an application for judicial review of the Environment Agency’s decision to withdraw a consent for the transfrontier shipment of waste from the UK to Norway was refused, and the new NEC X29 clause for construction contracts. In addition, this week the Department for Business, Energy & Industrial Strategy announced a £635m fund to decarbonise energy in public buildings, the Department for Environment, Food & Rural Affairs opened a consultation on biodiversity metric for measuring biodiversity net gain, the Welsh Government confirmed it will introduce a Bill on single-use plastic, and the UN General Assembly recognised clean and healthy environment as a universal human right.
This week's edition of Local Government weekly highlights includes expert analysis of the Bill of Rights Bill; the June 2022 new Crown Commercial Service guidance on pre-procurement planning; the exact date on which a judicial review becomes out of time; the new Schools Admissions Appeals Code 202; guidance on school exclusions and behaviour in schools; the present and future of health and care regulation and Integrated Care Boards. It includes case analysis of ZLL v SSLUHC, in which the court rejected an appeal aimed at quashing the government’s decision to end the ‘Everyone In’ policy; AB v Slough BC, which involved a judicial review of the process followed to close a care home; Mackenzie v Cheung & Infinity Homes & Developments Ltd, which involved the release of restrictive covenants on a housing estate; MBC Sefton v Allenbuild, which clarifies conflicts between the Housing Grants Construction and Regeneration Act 1996 (as amended) and the Arbitration Act 1996; and Trail Riders Fellowship v Secretary of State, in which the Court of Appeal rejected a bid to quash a highway modification order. The weekly highlights also include further updates on Brexit, governance, judicial review, education, children’s social care, social care, healthcare, social housing, planning, licensing and environmental law and climate change.
This week’s edition of Restructuring & Insolvency weekly highlights includes: the coming into force of the Register of Overseas Entities, administration applications in the context of Russian sanctions (Re VTB Capital PLC), and the publication of the new Chancery Guide, plus a round-up of other news and cases for restructuring and insolvency professionals.
This week's edition of Property Disputes weekly highlights includes: Court of Appeal decisions on the calculation of rent repayment orders and on tenants’ liability for rent arrears during the Covid-19 pandemic, High Court cases on an original vendor’s entitlement to release a restrictive covenant and on a common intention constructive trust, and an Upper Tribunal case on the evidential burden required for a rent repayment order to be made.
Dispute Resolution analysis: In a rare example of the Court of Appeal reversing a case management decision by the lower judge, the appellate court found that it was in as good position as the judge to read and understand the meaning of the underlying key documents, concluding that the judge’s reading of those documents was ‘untenable’ and thus the basis for the exercise of his discretion to grant a stay ‘fundamentally flawed’. In the course of its judgment, the Court of Appeal summarised key authorities concerning grants of case management stays in the context of foreign parallel proceedings concluding that there was a single test for the grant of such a stay, namely, whether it was in the interests of justice to do so, although various factors, such as an English exclusive jurisdiction clause, would often decide where the interests of justice lie. Written by Tetyana Nesterchuk, barrister at Fountain Court chambers.
Arbitration analysis: The Singapore International Commercial Court (SICC) recently held that the refusal of an arbitral tribunal to admit further expert medical evidence does not amount to a breach of natural justice. In this case, the court noted that the medical reports were adduced far too late (ie at the eve of the main hearing and opening submissions). As such, it held that the fact that the medical reports were not ultimately admitted into evidence was at least partly a result of the applicants’ own conduct during the evidentiary hearing. This provides further reason why the applicants are not entitled to say that they were denied a fair opportunity of presenting their case. Written by Dr Andreas Respondek, managing partner and Tasha Lim associate lawyer, at Respondek & Fan Pte Ltd.
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