Property Dispute analysis: The High Court confirmed that, for the purposes of collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the ‘reversioner’ during the registration gap is the registered proprietor of the freehold rather than a purchaser awaiting registration. The court held that a section 13 notice served only on the transferee before registration was invalid, emphasising the importance of certainty and the conclusive nature of the HM Land Registry title. The decision also confirms that subsequent changes in reversionary status will not retrospectively validate defective notices and that indirect receipt of a notice will not satisfy statutory service requirements. Produced in partnership with Robyn Cunningham of Tanfield Chambers, who acted for the respondent.

This Checklist sets out the considerations and steps to be taken by a landlord, and relevant timescales or deadlines for those steps, once qualifying tenants have served a section 13 notice to collectively acquire the freehold of relevant premises under the Leasehold Reform, Housing and Urban Development Act 1993. These include service of a landlord’s section 21 counter-notice admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop, and deadlines for an application to the First-tier Tribunal (or Leasehold Valuation Tribunal in Wales) for determination of terms if they cannot be agreed and/or the County Court in the event that the contract is not completed within the statutory deadline once terms have been agreed/determined. For guidance in respect of the steps to be taken by a tenant, see: Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist. • Ensure that the landlord responds to any requests made by the tenant for information about the freeholder and any intermediate leasehold

FORTHCOMING CHANGES: there are a number of proposed changes to the leasehold and enfranchisement landscape—for more information, see Practice Note: Property—horizon scanner. This Checklist sets out the considerations and steps to be taken by a tenant, and relevant timescales or deadlines for those steps, to collectively acquire the freehold of relevant premises under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), including serving a section 13 notice of claim, considering the landlord’s section 21 counter-notice admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop (or taking steps in the event of the landlord’s failure to serve a counter-notice), and deadlines for an application to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal in Wales (LVT)) for determination of terms if they cannot be agreed and/or the County Court in the event that the contract is not completed within the statutory deadline once terms have been agreed/determined. For guidance in respect of the steps to be taken

FORTHCOMING CHANGES: there are a number of proposed changes to the leasehold and enfranchisement landscape—for more information, see Practice Note: Property—horizon scanner. This Flowchart is for use on a tenant’s claim for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It sets out the steps from service of a tenant’s section 13 notice of claim, including a landlord’s section 21 counter-notice and deadlines for applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales), and/or the County Court as appropriate. Note 1 See Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Preparation for a collective enfranchisement claim. Note 2 See Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Participating tenants and Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993 (LHRUDA 1993)—Section 13 notice of claim—the initial notice. Note

An arrangement whereby a number of investors pool their assets and have them professionally managed.

A CIS is an investment fund used for collective investment by investors. Their money is invested on a pooled basis by an investment manager in return for a fee. Section 235 of the Financial Services and Markets Act 2000 (FSMA 2000) defines a CIS very broadly, as: ‘...any “arrangements” with respect to property of any description, including money, the purpose or effect of which is to enable persons taking part in the arrangements (whether by becoming owners of the property or any part of it or otherwise) to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property or sums paid out of such profits or income. ’The arrangements must be such that the persons who are to participate (’participants’) do not have day-to-day control over the management of the property, whether or not they have the right to be consulted or to give directions. ’The arrangements must also have either or both of the following characteristics: (a) the contributions of the participants and the profits or income out of which payments are to be made to them are pooled, (b) the property is managed as a whole by or on behalf of the operator of the scheme.’ Most CIS will fall within the definition of AIF or UCITS (and their managers will therefore be regulated as AIFMs or UCITS management companies), other than for example certain property joint ventures which do not raise external capital which may be regulated as CIS in the UK.

This Practice Note examines the definition of a collective investment scheme (CIS) and available exclusions, and the treatment of regulated and unregulated CIS (UCIS). Definition of a collective investment scheme The definition of a CIS is contained in section 235 of the Financial Services and Markets Act 2000 (FSMA 2000). The definition is broad and somewhat vague and covers a broad variety of arrangements, not just traditional investment funds. The Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001, SI 2001/1062 (CIS Order) was therefore enacted to set out a number of arrangements which, if applicable, would mean that the arrangements in question would not be viewed as a CIS. Section 235 of FSMA 2000 defines a CIS as: ‘…any arrangements with respect to property of any description, including money, the purpose or effect of which is to enable persons taking part in the arrangements (whether by becoming owners of the property or any part of it or otherwise) to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property

The IPO (Intellectual Property Office) has published its third annual report detailing its activity as the National Competent Authority enforcing compliance with the Collective Management of Copyright (EU Directive) Regulations 2016. The regulations set standards for collective management organisations (CMOs) in the UK and the report covers the period from 1 April 2018 to 31 March 2019.​ During this period, there was compliance with the regulations. The report discusses the three primary strands of ICO’s activity; reactive, proactive and collaborative.

A ‘CMO’ is a type of collecting society (also known as a licensing body) which grants rights on behalf of multiple right holders in a single blanket licence obtained for a single payment. Generally speaking, right holders will join a CMO as members and instruct it to license rights on their behalf. The CMO charges a fee for the licence, from which it deducts an administrative charge before distributing the remainder as royalties. They are typically not for profit organisations and are owned and controlled by their members, the right holders.

A collective mark is a type of trade mark used by members of an association, organisation or other collective body to indicate that they belong to that group, and often that their goods or services meet standards set by it. It distinguishes the members’ goods or services from those of non‑members, rather than identifying a single commercial source.In the UK, collective marks are specifically provided for in the Trade Marks Act 1994 and Trade Marks Rules, and are registered at the UK Intellectual Property Office. Comparable provisions exist under EU-derived trade mark law applicable in Ireland and in the Irish Trade Marks Act 1996. Usage and legal treatment are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland.The proprietor of a collective mark is usually the association itself, which must file regulations governing membership, conditions of use and sanctions for misuse. Collective marks are commonly used by professional bodies, trade associations and cooperatives.Key issues for practitioners include registrability, drafting and updating regulations, controlling use by members, enforcement against non‑members, and interaction with certification marks, passing off and competition law. Misuse or loss of control can jeopardise validity and distinctiveness.

This Practice Note considers collective trade marks and certification trade marks in the EU. It sets out the purpose of such marks, how they are different to traditional trade marks, and their scope. It also explains who can own collective trade marks and certification trade marks, who can use collective trade marks and certification trade marks, and the criteria for registration. For more information about the UK regimes, see Practice Note: Collective marks and certification marks in the UK. What are collective trade marks and certification trade marks? As with a traditional trade mark, the purpose of a certification or collective mark is to provide consumers with information to inform their buying choice. Certification marks provide consumers with a guarantee that the goods purchased or services rendered under a mark meet a particular standard. Collective marks, on the other hand, let consumers know that goods or services are offered by an undertaking that is a member of a particular association. The connection between an undertaking and an association can convey in the mind

This Practice Note considers collective trade marks and certification trade marks in the UK. It sets out the purpose of such marks, how they are different to traditional trade marks, and their scope. It also explains who can own collective trade marks and certification trade marks, who can use collective trade marks and certification trade marks, and the criteria for registration. Collective marks and certification marks post-Brexit This Practice note focuses on the UK regimes for collective trade marks and certification trade marks. For more information about the EU regimes, see Practice Note: Collective marks and certification marks in the EU. The most significant impact of Brexit on trade marks is that the UK is no longer subject to Regulation (EU) 2017/1001 and therefore EU trade marks (EUTMs) are no longer protected in the UK. Holders of EUTMs which were registered immediately before IP completion day automatically became the holder of a comparable trade mark registration in the UK. These UK rights retain the filing dates recorded against the corresponding EUTMs and