Refine By
Clear all filter
About 91446 results for "*"
Q&As
What is retained EU law? EU law takes effect in the UK through the European Communities Act 1972 (ECA 1972). ECA 1972 will be repealed by section 1 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) on ‘exit day’. Exit day is defined in EU(W)A 2018, s 20 as 11 pm on 29 March 2019. For the purposes of legal continuity, the government wishes to preserve, as far as possible, the legal position which exists immediately before exit day by taking a snapshot of all of the EU law that directly applies in the UK at that point and bringing it within the UK's domestic legal framework as a new category of law—retained EU law. EU(W)A 2018 also provides powers for the government and devolved legislatures to amend retained EU law through statutory
Q&As
A politically exposed person (PEP) is defined in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 as an individual who is entrusted with prominent public functions, other than as a middle-ranking or more junior official. A family member includes: • a spouse or civil partner of the PEP • children of the PEP and the spouses or civil partners of the PEP’s children • parents of the PEP A known close associate means: • an individual known to have joint beneficial ownership of a legal entity or a legal arrangement or any other close business relations with a PEP • an individual who has sole beneficial ownership of a legal entity or a legal arrangement which is known to have been set up for the benefit of a PEP Prominent public functions include: • heads of state, heads of government, ministers and deputy or assistant ministers • members of parliament or of similar legislative bodies • members
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.13(3) provides that: ‘Where an application for a financial remedy includes an application relating to land, the applicant must serve a copy of the application on any mortgagee of whom particulars are given in the application.’ See Practice Note: Service in financial proceedings, in particular the section on Service on third parties. FPR 2010, SI 2010/2955, 9.13(3) would appear to apply whether the matter is agreed by consent, or determined by the court. FPR 2010, SI 2010/2955, 9.13(4)–(7)
Q&As
The Financial Collateral Arrangements (No 2) Regulations 2003 (Financial Collateral Regulations), SI 2003/3226, automatically apply to any Financial Collateral Arrangement between two non-natural parties (ie entities other than individuals) as set out in Practice Note: Key provisions of the financial collateral regulations. Note that the EU directive under which the Financial Collateral Regulations, SI 2003/3226, were made provides that the security provider and taker must be a public authority, a central bank or other international bank, financial institution or central counterparty, settlement agent, clearing house or similar institution.
Q&As
The General Data Protection Regulation, Regulation (EU) 2016/679 applies (in different ways) to both controllers and processors of personal data in situations subject to the GDPR regime. As explained in our Practice Note: Key definitions under data protection law, the definition of controller in the GDPR is virtually identical to the definition in the original Data Protection Directive (referring to EU law rather than European Community law).
Q&As
The N5B form is the claim form for accelerated possession proceedings and it will not refer to appending the: • How to Rent Guide • EPC and Gas Safety Certificate because in order to be able to validly
Q&As
The general rule in applications to either extend leave or indefinite leave to remain are that they are made from within the UK. This is confirmed, for example, in the Immigration Rules under Appendix FM, which is relevant for partners applying for indefinite leave to remain (ILR): ‘Section R-ILRP: Requirements for indefinite leave to remain (settlement) as a partner R-ILRP.1.1. The requirements to be met for indefinite leave to remain as a partner are that— (a) the applicant and their partner must be in the UK’ However, there is a provision within the Immigration Rules, Part 1, which allows a person to make an application to vary leave when they are outside of the UK: ‘33A. Where a person having left the common travel area, has leave to enter or remain in the United Kingdom which
Q&As
Practice Note: Partners of Points-Based System and Appendix W migrants sets out the conditions which will be imposed on dependants of points-based system (including Tier 2 (General)) migrants: ‘Leave in the category will be subject to the following conditions: • no recourse to public funds
Q&As
There is no provision within the Immigration Rules that applies to the dependents of points-based system migrants for a grant of entry clearance for children who are aged 18 or over who have not previously held leave as the family member of a points-based system migrant (see: Immigration rules, Part 8, para 319H). There is provision for an adult child to apply for entry clearance as an adult dependent relative of their parents, this is found at section E-ECDR of the Immigration Rules, Appendix FM, para GEN.1.1. The requirements are as follows: • the applicant must be related to the sponsor in one of the following ways: ◦ parent aged 18 or over ◦ grandparent ◦ sibling aged 18 or over, or ◦ son or daughter aged 18 or over • the sponsor must be aged 18 or over, and: ◦ a
Q&As
A person can apply to enter the UK as a fiancée of a person present and settled here. They must meet the requirements set out in Immigration Rules, Appendix FM, Section EC-P, including suitability requirements, the financial requirement, the English language requirement, and the eligibility requirement. It is possible for children to apply as a dependant of a fiancée via ‘Section EC-C: Entry clearance as a child’ which is a route ‘for a child whose parent is applying under this Appendix for entry clearance or leave, or who has limited leave, as a partner or parent’. The requirements to be met for the dependant child under this route are as follows: ‘Section EC-C: Entry clearance as a child EC-C.1.1. The requirements to be met for entry
Q&As
In recent months, the global demand for construction products has exceeded supply, causing a shortage of materials that has put pressure on the UK construction sector. The materials affected include timber, steel, cement, paints, and electrical components. Several factors have contributed to this imbalance of supply and demand, including the coronavirus (COVID-19) pandemic, and the effects of Brexit. Under most forms of construction contract (including those in the Joint Contracts Tribunal (JCT) and NEC suites), the Contractor is responsible for providing the goods and materials needed to complete the works. Many Contractors will therefore wish to confirm whether they are entitled to: • additional time to complete, to allow for delays caused by material shortages (eg where materials are unavailable or subject to unusually long lead or delivery times), and/or • recover their delay-related costs In this answer, we have considered the position under the JCT Standard Building Contract (SBC) 2016
Q&As
The Lord Chief Justice announced a 10% increase in general damages awards to compensate for the pain, suffering, distress and inconvenience of negligence, defamation and nuisance victims. The increase came into effect on 1 April 2013 at the same time the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into force. When