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Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) governs the position in respect of mortgages both of the

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

The ‘unity of seisin’ rule dictates that easements and profits cannot exist where the dominant and servient land are in common ownership and

Does the doctrine of satisfaction apply to gifts made out of income as well as gifts made from capital?

Does the doctrine of satisfaction apply to gifts made out of income as well as gifts made from capital?

In this Q&A, we have made a presumption against double portions, so that where the presumption applies, the doctrine of ademption applies on the

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Legal Research

Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

The term ‘transition or implementation period’ is used in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland...
8th Apr
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Q&As

What are the implications for trading in goods with the EU27 if the UK trades on World Trade Organization rules in the event of a ‘no deal’ outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...
8th Apr
tag iconBrexit
Q&As

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?

Is there a force majeure event?In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force...
8th Apr
tag iconCOVID-19
Q&As

Can I still practice EU law if the UK is no longer in the EU?

Only lawyers qualified in an EU Member State are able to practise EU law or argue before EU tribunals such as the Court of Justice of the European...
8th Apr
tag iconBrexit
Q&As

Do I have to establish the source of funds for every transaction?

This Q&A reflects the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692,...
6th Apr
Q&As

Do my clients have to wear a face covering when they visit my offices—law firms?

This Q&A considers whether, in light of the coronavirus (COVID-19) pandemic, law firm clients are required to wear face covering when they attend your...
6th Apr
Q&As

When barristers receive papers from instructing solicitors, are they obliged to serve a privacy notice on the lay client?

The Q&A: When a solicitor instructs counsel to appear at a hearing and advise generally in respect of a matter, should the barrister be considered a...
29th Mar
Q&As

Do we have to provide a translation of our privacy notice for clients or customers whose first language is not English?

See Practice Note: Privacy notices—information requirements which sets out information requirements that are contained at various places in the...
29th Mar
Q&As

Is a Housing Association required to have a Data Protection Officer or is it just recommended as good practice?

Article 37 of Retained Retained Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) requires a data controller or processor to...
29th Mar
Q&As

Is a DPIA required where I am under a legal obligation to process personal data?

Practice Note: Data protection impact assessments—DPIAs sets out when a DPIA is required.DPIA requiredA DPIA is compulsory in the case of:•a...
29th Mar
Q&As

Does the GDPR apply to an online forum, if the members use nicknames or pseudonyms?

There are two issues to consider:•territorial scope•the definition of personal dataTerritorial scopeSee Practice Note: The General Data Protection...
29th Mar
Q&As

Can we put privacy information on our website for people to find?

Practice Note: Privacy notices—information requirements sets out the information you have to provide to data subjects when you collect or receive...
29th Mar
Q&As

If a multinational company with entities in a number of EU states has registered a data protection officer (DPO) with the Information Commissioner’s Office (ICO), does it need to register a DPO in the other EU states where it has entities or is registration in one country sufficient?

Under Article 37 of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), companies have to appoint a data protection officer...
Produced in partnership with Alex Dittel 29th Mar
Q&As

Do I need consent to process the personal data of existing and new clients—law firms?

Whether you need consent to process the personal data of existing and future clients depends what data you are processing, why and how.Processing...
29th Mar
Q&As

Do I have to send my new or updated privacy policy to former clients?

If you hold personal data of former clients, then you will be processing it for the purposes of the General Data Protection Regulation, Regulation...
29th Mar
Q&As

Do I have to send my new or updated privacy policy to existing customers?

The General Data Protection Regulation (GDPR) contains extensive information requirements. See Practice Note: Privacy notices—information requirements...
29th Mar
Q&As

Is it necessary for law firms to have a website privacy policy and a separate privacy policy?

There is no specific requirement to have a general client-facing privacy policy and a separate website privacy policy. You should, however, satisfy...
29th Mar
Q&As

When making a data subject access request to a law firm, is a client entitled to copies of the firm’s own internal communications relating to allegations of negligence by the client against the firm? Is the answer the same for a client complaint rather than an actual or potential claim?

Personal data that is subject to a duty of client confidentiality or contained within communications that are considered to be legally privileged may...
Produced in partnership with Peter Steel of Augury Consulting Limited 24th Mar
Q&As

Can a limited company make a subject access request? Can a director of a limited company ask for recordings of calls with us? If yes, what personal data must we provide?

This Q&A draws on the Information Commissioner’s Office’s (ICO’s) guidance on business-to-business marketing, which may or may not be relevant...
Produced in partnership with Peter Steel of Bevan Brittan 24th Mar
Q&As

When complying with a data subject erasure request, do we have to delete information in our backups?

Article 17 of Retained Retained Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) grants data subjects the right to have their...
24th Mar

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