The following TMT Q&A provides comprehensive and up to date legal information covering:
For the purpose of this Q&A we have assumed that this Q&A is referring to real property—ie a house or similar, rather than something personal like a piece of jewellery, a book or a product containing a trade mark. In conducting this research, we have focused on the property use issue and have not dealt with data protection, privacy or moral rights issues which might arise.
The Advertising Standards Authority (ASA) regulate advertising across all media. They apply the Advertising Codes which are written by the Committees of Advertising Practice (CAP).
We refer you to the CAP guidance Privacy: Landmarks and property. While not binding, this provides a useful best practice. In relation to recognisable property of members of the public, it states:
‘When it comes to the recognisable property of members of the public, marketers should take care not to feature them without permission.An ad for construction firm which featured images of the complainant’s home alon
‘When it comes to the recognisable property of members of the public, marketers should take care not to feature them without permission.
An ad for construction firm which featured images of the complainant’s home alon
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When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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