EU Law analysis: Gabriela de Costa, Georgina Rigg, Aurelija Grubytė and Anna Carter of K&L Gates consider the following-In November 2023, a coalition of consumer protection organisations from across the EU reported several major bottled drinks companies to the European Commission and the Consumer Protection Authorities (CPA Network) for making misleading recycling claims on their bottles. Following the complaint, a global drinks company voluntarily offered to make a series of changes to the recycling claims on its plastic bottles

The Landlord and Tenant Act 1987 (LTA 1987) contains important provisions giving qualifying tenants the right, where the landlord wishes to dispose of its interest, to be notified and to have first refusal on the acquisition of that interest. A failure to comply with the requirements of LTA 1987, including service of a notice under LTA 1987, s 5, has potentially serious consequences. Not only is it a criminal offence, but the tenants can require the conveyance of any interest disposed of to a third party to be made

The Landlord and Tenant Act 1987 (LTA 1987), gives qualifying tenants of flats a right of first refusal, enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. If the right applies, the landlord must not make a 'relevant

For the duration of the three-year transitional period under section 41 of the Deregulation Act 2015 (DA 2015) (ie 1 October 2015–30 September 2018), there were two section 21 regimes running as follows: • previous section 21 (notice/procedure etc): the procedure under section 21 of the Housing Act 1988 (HA 1988) which applied, broadly to English tenancies entered into before 1 October 2015 and any statutory periodic tenancies (ie tenancies being held over under HA 1988, s 5(2) which arose on or after 1 October 2015). For further information in respect of the former section 21 procedure, see Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position, in particular section ‘Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position — Section 21 notice—pre-Renters’

Unless a worker opts out of their working time rights, they have the right to work no more than an average 48-hour working week . It is possible for employers and workers to agree that the worker will work more than 48 hours a week. In order to be valid, an agreement must: • be in writing • be made with each individual worker that it applies to separately • state that it is disapplying the 48-hour maximum working week rather than simply specifying a number of hours of work An employer can include an opt-out provision in a contract of employment, as long as it

Practice Note: Ordinary powers of attorney explains that while the Powers of Attorney Act 1971 does not contain any provisions as to the capacity required for an ordinary power of attorney, the

The storage limitation principle Storage limitation is one of the six overriding data protection principles which lie at the heart of the data protection regime. For more information, see Practice Note: Data protection principles. This storage limitation principle is set out in Article 5 of the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) and requires personal data to be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which that data is processed. This means you should ensure the period for which the personal data is stored is kept to a strict minimum. There is an exception for personal data processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purpose, subject to the

The grant of a non-tax advantaged employee share option is normally a reportable event to HMRC, and must be notified to HMRC as part of the company's annual share schemes return. The legislation does not specify that only awards in relation to UK tax resident employees are reportable, and therefore on a strict reading of the legislation all such options should be reported, regardless of whether the recipient is UK tax resident at the time that the option is granted. It is not clear whether in practice HMRC requires notification of these grants where the relevant employee is not resident in the UK for

Section 12 of the Legal Services Act 2007 (LSA 2007) defines ‘reserved legal activities’ which, inter alia, include ‘the exercise of a right of audience’. LSA 2007, s 13 sets out those who are entitled to undertake reserved legal activities, ie ‘an authorised person in relation to the relevant activity’ or ‘an exempt person in relation to that activity’. LSA 2007, s 18 details who is an ‘authorised person’ in relation to reserved legal activities, ie: • a person who is authorised to carry on the relevant activity by a relevant approved regulator in relation to the relevant activity, or • a licensable body which, by virtue of such a licence, is authorised to carry on the relevant activity by a licensing authority in

At common law there was a concept of an 'implied undertaking' not to use such documents for other purposes unless permission was obtained from the court or the owner of the document. In this case, it appears that the 'internal documents' are those which belong to the party who wishes to use them. The 'implied undertaking' has now been codified in the CPR in Rule 31.22. It provides that: 'A

’Partnership’ is defined in the Partnership Act 1890 (PA 1890) as ‘the relation which subsists between persons carrying on a business in common with a view of profit’. In order to form a partnership, it is not necessary to file any documents, to register any information anywhere or to complete any other formalities. Two people may form a partnership by simply starting to carry on a business together and sharing the profits, subject to fulfilling the requirements of the statutory definition. Often, it will be plain from the facts of a situation that a partnership

Dissolution of partnership A dissolution of a general partnership, whether general or technical, will not, of itself, discharge any partner from any debt or liability incurred prior to