Migrant workers employed legally in the UK generally have the same rights as workers who were born in the UK, including the right to be protected from discrimination. The Equality Act 2010 (EqA 2010) provides protection against discrimination and other prohibited conduct which relates to certain listed characteristics which people may possess. ‘Race’ is one of the protected characteristics. For information generally about race discrimination, see Practice Note: Race discrimination. In determining whether the conduct complained of is unlawful, therefore, one will need to consider whether it is prohibited conduct (discrimination) because of, or in relation to, a protected characteristic. Direct discrimination In the context of the protected characteristic of race, where an employer has a policy of offering only temporary employment to individuals from a certain racial group, while those who are not from that group are offered permanent employment, this is likely to constitute less

For information on the residence nil rate band (RNRB), see Practice Notes: IHT—residence nil rate band and IHT—residence nil rate band Q&As. The legislation defines a qualifying residential interest (QRI). The main condition is that the deceased must have had an interest in a property which was occupied as that person's residence at some point when they owned it and which formed part of their estate at their death (or would have been part of their estate had they still owned it at their death, in the context of the downsizing addition) (see section 8H of the Inheritance Tax Act 1984 (IHTA 1984)). Where

Banking & Finance analysis: There is a move to transaction-based benchmarks for calculating LIBOR rates. Saaman Pourghadiri, barrister at Outer Temple Chambers, questions whether this change in methodology is likely to lead to frustration in current contracts.

Commercial analysis: Mr Andrew Hockhauser QC, sitting as a deputy judge of the High Court in the Business List of the Chancery Division, considered a clause under which producers could object to perceived defects in a film. If they did, one of the steps they had to take was to ‘return’ the film within three business days. If the deadlines in the clause were missed, another clause provided that the film would be deemed ‘completed and delivered’, the contractual consequence being that the producers could no longer claim reimbursement of certain sums from the completion guarantors. A dispute arose as to whether ‘return’ in that clause referred to dispatch or to receipt. The High Court held it referred to receipt, not dispatch. The defendants objected that the consequence amounted to an unlawful penalty for a minor contractual breach. The judge rejected that submission, holding that the fact that missing deadlines in complex contracts may have serious consequences cannot render them penal and unenforceable. Written by Mark Wassouf, barrister, at 3 Verulam Buildings.

The essence of prescriptive rights by long use is founded on the irrebuttable presumption that if a right has been enjoyed for at least twenty years, that right had a lawful origin and thus will be upheld. The user claiming the right must show that it has been nec vi, nec clam, nec precario—without force, secrecy or permission (see Gardner v Hodgson's Kingston Brewery Co). A prescriptive right is most frequently claimed in respect of a right of way but is not limited to such rights. The right claimed must however be a right that can lawfully be granted (see Bakewell Management Ltd v Brandwood). A right to graze may potentially be made by way of an easement (though in many cases it may be difficult to establish that the right accommodates the dominant

The mortgagee will usually have a power of sale both under the terms of the contract and under statute. Nothing in the latter power renders the former invalid. As a result, however, of the extensive power, it is seldom necessary to have regard to any contractual power which is reserved. Where a mortgage is granted by deed, unless it provides to the contrary the mortgagee has the power once the mortgage money has become due, to sell the land. This is when the power is said to arise. It cannot be exercised however until either the mortgagor is in default for three months following service of a notice requiring payment to be made; two months interest remains unpaid or there is some other breach of the terms

The statutory automatic enrolment regime requires employers to enrol workers meeting certain age and earnings criteria into a pension scheme that meets at least minimum standards. In the case of a defined contribution scheme, employers and workers must pay a minimum level of contributions to the scheme. The minimum contribution rates are expressed as a percentage of a worker’s in Practice Note: Auto-enrolment—who needs to be enrolled? particularly the section ‘Qualifying earnings’. An employer may require its employees to pay a higher level of contributions to the scheme than the statutory minimum if it so wishes (there is no statutory maximum level of employee contributions). However, an employer should ensure that this does not breach the statutory prohibition in section 54 of the Pensions Act 2008, which prohibits employers from taking any action for the sole or main purpose of inducing

This Q&A assumes that the property in question was held in the sole name of the deceased grantor. The residential nil rate band (RNRB) is available up to the value of a residential interest passing to qualifying beneficiaries, ie lineal descendants. The legislation defines a qualifying residential interest (QRI). The main condition is that the deceased must have had an interest in a property which was occupied as that person's residence at some point when they owned it and which would have been part of their estate had they still owned it at their death. Whether the RNRB will

Detailed assessment proceedings are commenced when the receiving party serves on the paying party the notice of commencement, a copy of the bill of costs and, if a costs management order has been made, a breakdown of the costs claimed for each phase of the proceedings. Note that CPR PD 47, para 5.4 provides that where the notice of commencement is to be served outside England and Wales the date to be inserted in the notice for the paying party to send points of dispute is a date (not less than 21 days from the date of service of the notice)

As noted in Practice Note: Stamp duty reliefs—intra-group, reconstruction and acquisition reliefs, in order for share-for-share relief under section 77 of the Finance Act 1986 (FA 1986) to apply, all of the following conditions must be satisfied: • the transfer must form part of an arrangement by which the acquiring company acquires the whole of the issued share capital of the target company—this only applies if the acquiring company acquires the entire share capital of the target company in a single bid and does not apply if the acquiring company already held shares in the target company • the consideration for the acquisition must consist only of the issue of shares in the acquiring company to the shareholders of the target company • after the acquisition by the acquiring company of the target company: • the classes

Sections 18–30 of the Landlord and Tenant Act 1985 (LTA 1985) contain the well known legislative scheme for the regulation of service charges charged to residential tenants. LTA 1985 , s 18(1) contains the central definition: ‘(1) In the following provisions of this Act “service charge” means an amount payable by a tenant of a dwelling as part of or in addition to the rent— (a) which is payable, directly or indirectly, for services, repairs, maintenance, improvements or insurance or the landlord’s costs of management, and (b) the whole or part of which varies or may vary according to the relevant costs.’ Although the scheme will be of primary use to long leaseholders of dwellings, unlike other legislation affecting long leaseholders, the rules apply to most types of ‘tenant’, irrespective of the length of their tenancy. A ‘tenant’

Responding to the coronavirus (COVID-19) pandemic is impacting government priorities across Europe and beyond. In light of COVID-19 developments and associated guidance on social distancing, UK and EU negotiating teams involved in the talks on the future relationship and Withdrawal Agreement implementation are not meeting in person in accordance with the original terms of reference, but they remain in regular contact to find alternative ways of continuing the discussions. Both the EU chief negotiator, Michel Barnier, and UK chief negotiator, David Frost, have been in isolation due to COVID-19 and were reported to have not met since the first round of talks. The UK government has acknowledged the impact of COVID-19 on immediate priorities, but still aims to review progress in the future relationship talks in June 2020 and is sticking to the December 2020 deadline for ending the transitional arrangements. The government has repeatedly restated its commitment to the current transition timetable and insists that it will not agree to any extension to the transition/implementation period under