Long leases A residential long lease is a lease for a term exceeding 21 years. The repairing obligation in a long lease In the absence of an express provision in the lease or an applicable provision in statute, a landlord’s repairing obligation is limited. For residential leases of less than seven years, sections 11 and 13 of the Landlord and Tenant Act 1985 imply a statutory repairing obligation (see Practice Note: Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair), however, as set out above, long leases are by definition longer than 21 years. The general rule is that in the absence of an express provision in the lease or a statutory provision, a landlord is under no obligation to put a premises

Rights of light acquired by prescription An owner of land has no natural right to light at common law. Accordingly, it must be established that the right has been obtained by grant or prescription. A right can expressly be granted by way of legal easement through a deed or there may be an implied grant by the intended use of the property. There are three ways that a right of light can be acquired by prescription: • under the Prescription Act 1832 (PA 1832) • at common law by proving use of the right since time immemorial, or • by lost modern grant Prescription under the common law is rare. For claims under both the common law and lost modern grant, the servient owner must show use ‘as of right’: without force, secrecy or permission (see Practice Note: Acquisition of easements by long use—Common law prescription). Further, enjoyment

Article 55 of the Bank Resolution and Recovery Directive (BRRD) The Bank Recovery and Resolution Directive 2014/59/EU (BRRD) creates a harmonised recovery and resolution framework for credit institutions and investment firms in the European Union (EU). The Directive equips authorities with more extensive and efficient arrangements to handle failing banks at national level, as well cooperation agreements for dealing with cross-border bank failures. It also provides for an extensive set of measures which aim to ensure that: • banks and authorities are adequately prepared for crises • national authorities have access to the adequate tools for intervening at an early enough stage when dealing with a troubled institution • harmonised tools and powers are available for all national authorities • national authorities engage in effective cooperation when dealing with the failure of cross-border banks • banks support

The normal rule in personal injury cases, as is very well known, is that any claim for personal injury must be brought within three years of the injury occurring, or of the ‘date of knowledge’ if this is later. Time does not begin to run against someone who is under a disability—so against a child the clock doesn’t start until their 18th birthday, and where someone suffers a particularly serious injury the clock will often never get started at all. Section 28 of the Limitation Act 1980 (LA 1980) relevantly provides as follows: '28.— Extension of limitation period in case of disability. (1) Subject to the following provisions of this section, if on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, the

Time limits for direct discrimination claims generally Prohibited conduct claims, including claims of direct discrimination, may not be brought after the end of: • the period of three months starting with the date of the act to which the complaint relates, or • such other period as the employment tribunal thinks just and equitable The time limit is extended to six months for members of the armed forces (except for claims for disability and age discrimination, as the armed forces are exempted from the work

Generally, the limitation period for bringing a claim for breach of contract is: • six years from the date of breach of a 'simple contract' (one which is not under seal or a contract of record) this includes: ◦ a claim for money had and received ◦ certain claims (by analogy) for breach of fiduciary duty • six years from the date of breach of a contract to: ◦ recover arrears of rent, and ◦ mortgage interest Note: therefore

Section 18 of the Inheritance Tax Act 1984 (IHTA 1984) contains an unlimited exemption from inheritance tax (IHT) for transfers of value between spouses and civil partners, except where a UK-domiciled person makes a transfer of value to a spouse or civil partner who is not domiciled or deemed domiciled in the UK. In such cases, the exemption is limited by IHTA 1984, s 18(2). For transfers

In CPR 2.3(1), 'statement of case': ‘(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim, or reply to

It is important to determine whether a case has settled on or after the date of listing because the difference in fixed costs in Part B, Table 6D of CPR 45.29E can be considerable. CPR 45.29E(4)(a)(iii) provides that ‘“on or after” means the period beginning on the date

An overview and scrutiny committee or sub-committee is appointed by a Local Authority (LA) in England, pursuant to section 21 of the Local Government Act 2000 (LGA 2000) to review and scrutinise the decisions made by the cabinet or executive of that LA in relation to education. The constitution of such a committee will include directly elected LA members but must include both parent governors (under

The contracting-out provisions set out (for example) in section 203 of the Employment Rights Act 1996 (ERA 1996) work by: • imposing a basic rule that any agreement reached between persons that purports to prevent a person from making, or proceeding with, a claim to an employment tribunal is void to that extent • setting out exceptions to that basic rule, the effect of which are that the claim (or potential claim) can validly be settled between the parties The exceptions are: • agreements reached following conciliation under the auspices of an Acas conciliation officer • agreements that comply

Whether the apprenticeship rate applies to a worker is determined in accordance with the National Minimum Wage Regulations 2015, SI 2015/621, reg 5. The lower apprentice rate of the national minimum wage applies if the worker is: • either employed under: ◦ a contract of apprenticeship (see Practice Note: Apprenticeships—Contract of apprenticeship) ◦ an apprenticeship agreement within the meaning of section 32 of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009) (now repealed, subject to transitional and saving provisions) (see Practice Note: Apprenticeships—Apprenticeships frameworks and standards), or ◦ an approved English apprenticeship agreement within the meaning of ASCLA 2009, s A1(3) (see Practice Note: Apprenticeships—Approved apprenticeship agreements) • or treated as employed