An employer has a duty to assess the risks (short or long-term) of training that it requires an employee to undertake. Generally, an employer has a duty to make a suitable and sufficient assessment of any risks an employee is exposed to while they are at work under the Management of Health and Safety at Work Regulations 1999, SI 1999/3242, reg 3. If that training involves undertaking manual handling, the employer will have duties under the Manual Handling Operations Regulations 1992, SI 1992/2793. If the training involves the use of equipment, then the Workplace (Health, Safety and Welfare) Regulations 1992, SI 1992/3004 and/or the Provision and Use of Work Equipment Regulations 1998 (PUWER 1998), SI 1998/2306 may apply, and so on. Further, if the training

In construction, a collateral warranty is ancillary to either a building contract, sub-contract or a consultant’s appointment. The warranty creates a contractual link where there would not normally be one, thereby enabling a third party, such as a purchaser or tenant occupying or buying recently completed buildings, to have a direct contractual relationship with a construction team member. An employer will also often receive the benefit of a collateral warranty from sub-contractors and consultants, where their appointment has been novated to the contractor, as it would otherwise not have a direct contractual link to those members of the construction team. The beneficiary can then rely upon the undertakings or covenants contained in the warranty in order to bring an action in contract against the warranting party (the warrantor) if there has been a breach. In

A major interest in land in England is defined for stamp duty land tax (SDLT) purposes as an estate in fee simple absolute or a term of years absolute whether subsisting at law or in equity. For

It appears that the Companies Act 2006 is silent on this specific point and we have been unable to find any relevant case law. A company is required to keep certain registers and records some of which are open to inspection by members and, in some case, non-members. See Practice Notes: Company records—a company's statutory registers, Company records—members' resolutions and directors' minutes and Location, inspection and copying of company records under the Companies (Company Records) Regulations 2008 for details. The accounting records are to be kept at

This Q&A is relevant to contracts which are business-to-business contracts, to which the Late Payment of Commercial Debts (Interest) Act 1998 (LPCDIA 1988) applies. Part II of the LPCDIA 1998 deals with the extent to which parties may, by reference to contract terms, oust or vary the right to statutory interest before the debt is created. Section 8 of the Act provides that: (1) Any contract terms are void to the extent that they purport

On a share transfer, when the instrument of transfer (such as a stock transfer form) has been duly completed, executed and, if necessary, stamped, it should be delivered to the company secretary (if any) of the target company. In the absence of a company secretary, it may be delivered to whichever officer of the company is responsible for registering transfers of shares. An application to register a transfer of shares may be made by either the transferor or the transferee, but is generally

The right to see a Will The right to have sight of a Will after the death of a deceased individual is very limited. There is a distinction between the situation before and after the grant of probate. • before the grant of probate only the executors named in the Will are entitled to see it. Any law firm or bank holding the Will cannot allow any person to see the Will or supply them with a copy of it, unless all the executors named in the Will consent to this. They can disclose the persons who are the executors and any directions as to funeral arrangements • when probate is granted, the Will becomes a public document. Any person can then apply to the Probate Registry for a copy of the Will, whether or not they are a beneficiary or have any other interest in respect of the estate Only

See Q&A: Does an executor with power reserved to them have a liability to pay inheritance tax on an estate or is this the sole responsibility of the proving executor? Practice Note: Personal representatives—liability contains information about personal representative's (PR) potential duties in relation to their own acts, acts of co-PRs, breach of duties owed to the beneficiaries and for third parties' acts. See also Practice Notes: Personal representatives—protection and relief from liability and Administration actions—personal representatives' post-grant liability. Where

An executor is in principle responsible for the payment of inheritance and other taxes due in respect of the estate (see section 200 of the Inheritance Tax Act 1984 (IHTA 1984)). While these liabilities will be met out of the estate, there are circumstances whereby there are insufficient assets available. In which case, the executor may be required to pay from their own funds if this shortfall is due to their actions or inactions. As such it is essential that an executor has satisfied the outstanding liabilities before distributing the estate to beneficiaries. Inheritance tax ordinarily has to be paid prior to the grant of probate,

Where land is held on a charitable trust, it can only be disposed of in accordance with Part 7 of the Charities Act 2011 (CA 2011). Failure to comply with the statutory requirements may mean that the transaction is void. Exempt charities (any charity listed in the CA 2011, Sch 3 is an exempt charity) are one of the three types of charity for the purpose of disposal. See Practice Note: Charity land disposals. Dispositions

A covenant to erect a fence is a positive covenant requiring the owner of the servient land to do an act to benefit the owner of the dominant land. In this Q&A, it appears that the fence is to be erected on the dominant land. Such a covenant is therefore likely to be new, and thus, issues relating to whether positive covenants can run with the land will not apply. It

Regulation 36 of the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052 notes that the subject of an EEA decision may appeal against that decision to the First-tier Tribunal. The definition of an ‘EEA decision’ is explained in EEA Regs 2016, SI 2016/1052, reg 2(1)(d), but importantly, a decision to refuse an EEA family permit, registration certificate or residence card to an extended family member (EFM) does not constitute an ‘EEA decision’. This is a relatively new development, as the 2006 EEA Regulations previously conferred a right to appeal for extended family members. Nevertheless, the updated EEA Regs 2016, SI 2016/1052, regs 2(1)(d) and 36(4)(b) are explicit in their assertion that extended family members do not have a right of appeal. The Explanatory Memorandum to the EEA Regs 2016 explains that the decision to revoke these rights of appeal is based on the judgement in Sala (EFMs: Right of Appeal: Albania).