A statement dealing with quantum should follow a format of events as follows: Generally—always remember: • the witness statement should ‘tell the story’ in chronological order • the factual issues in the case should all be dealt with • the witness statement is a statement

Right to work checks A correctly conducted right to work check can provide an employer with a statutory excuse against a civil penalty for employing a person illegally, should it be that the employee in question does not have, or loses, the right to work at some point during the employment. To obtain the excuse, the employer must show that it has taken particular steps during the right to work check. Whatever the circumstances of the worker’s illegality a valid right to work check will, with one important exception, act as a statutory excuse for the employer against a civil penalty. The sole exception to this is where the employer has had knowledge ‘at any time during the period of employment’ that the employment was unlawful. The use of the phrase ‘at any time’ suggests

CPSE.7 is a shorter alternative to CPSE.1. Generally the shorter alternative is preferred to CPSE.1 in the following situations: • on the purchase, assignment of an existing lease, or grant of a new lease

What happens if the landlord fails to produce the draft lease? If the parties are able to agree the terms of acquisition, the landlord must submit a draft lease within 14 days of the date of the agreement as set out in paragraph 7 of Schedule 2 to the Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, SI 1993/2407 which provides that: ‘(1) The landlord shall prepare a draft lease and give it to the tenant within the period of fourteen days beginning with the date the terms of acquisition are agreed or determined by [the appropriate tribunal (as defined in section 38)].’ See Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993. Where the terms of acquisition have been agreed but a new lease

This Q&A covers recovery of a debt (before a judgment is obtained) arising out of a contractual scenario and does not cover starting proceedings and general litigation. This Q&A focuses on guidance which a solicitor can discuss with their client (rather than the very different form of guidance for

In terms of any contractual breach and resultant claim, this will depend on a variety of factors including the identity of the parties to and terms of the contract. For generic contract

There are numerous personal and business reasons for obtaining a certified copy of a document. For example, when applying for a loan the lender may require certified copies of photographic ID (passport or driving licence) and a recent utility bill. A certified copy of a marriage certificate or change of name deed may be required in order to update any official records following a name change. The certified copy is usually signed

The recipient of an improvement notice may appeal against it to the First-Tier Tribunal (Property Chamber) within 21 days beginning with the date on which the improvement notice was served. Schedule 1, Part 3 to the Housing Act 2004 deals with the procedure for appeals relating to improvement notices. Paragraphs 11 and 12 of the HA 2004, Sch

The court has a discretion to make a non-party costs order (NPCO) under under section 51 of the Senior Courts Act 1981. We refer you to section ‘Non-party costs orders’ in the subtopic: Costs orders—overview which contain a selection of Practice Notes with the relevant case law and statute on this topic. In particular, we refer you to the Practice Note: Non-party costs orders—application which you may find useful. An application must be made for an NPCO. This requires filing of:

Practice Note: Service of insolvency proceedings out of the jurisdiction deals with service of insolvency proceedings out of the jurisdiction generally. In relation to service of notices of intention generally, see Practice Note: Service of documents in insolvency proceedings—how service is effected, what needs to be served and when. Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.23(3) states that the notice to a qualifying floating charge

We have a Practice Note: Late Payment of Commercial Debts (Interest) Act 1998 which explains the rights of a creditor under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) to: • statutory interest • compensation for recovery costs, and • ‘additional reasonable costs incurred’ The Practice Note also sets out the types of contracts covered by LPCD(I)A 1998 and, importantly, those which aren’t. This question refers to s 5A ss 2A: ’If the reasonable costs of the supplier in recovering the debt are not met by the fixed sum, the supplier shall also be entitled to a sum equivalent to the difference between the fixed sum and those costs’. Our Practice Note refers to the User

This Q&A relates to the exemption set out in Article 9(2)(e) of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), which is broadly similar to the exemption under Article 8(2)(e) of Directive 95/46/EC, the Data Protection Directive, on this basis, guidance that relates to Article 8(2)(e) may still be of use in interpreting the position of this exemption under the GDPR. A comparison is set out below: Data Protection Directive GDPR Article 8(2)(e) of Directive 95/46/EC:the processing relates to data which are manifestly made public by the data subject… Article 9(2)(e) of Regulation (EU) 2016/679, GDPR:processing relates to personal data which are manifestly made public by the data subject Special categories of personal data under the GDPR Special categories of personal data are types of personal data which the GDPR specifies as being more sensitive and therefore require more protection.