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PRACTICE NOTES
This Practice Note examines the criteria that must be fulfilled in order for an individual to benefit from the protection of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. WTR 1998 applies to 'workers' and, under separate provisions, to agency workers. Separate provisions apply in relation to paid holiday for irregular hours and part-year workers. This Practice Note also outlines the exclusions and special provisions that apply in relation to: seafarers, workers where the characteristics of their work inevitably conflicts with the provisions of WTR 1998, young workers (under 18s), transport/mobile workers, trainee doctors, air transport (cabin crew) and domestic workers (ie servants in private households). Finally, it considers the application of WTR 1998 outside Great Britain. EU-derived laws such as WTR 1998, that have been made to implement UK obligations under EU law, are assimilated law. For further information, see Practice Note: Assimilated law. This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts,
PRECEDENTS
This information sheet outlines some of the main points to consider about applying for naturalisation as a British citizen. Note that while the information below is correct as at today's date, UK immigration and nationality law is subject to regular change. It does not address the test under section 4L designed to allow naturalisation to remedy historic injustice. What are the benefits of becoming a British citizen? The main benefits are: • you would be able to apply for a British passport; • any further child born to you in the UK would be a British citizen; • any further child born to you outside the UK would be a British citizen (however, they may be a British citizen by descent); • you would have access to consular assistance abroad from British consulates and high commissions; and • you could move through UK passport control more quickly. British citizenship cannot be lost due to absences from the UK. What factors must be considered? Before commencing the application process, you should check whether obtaining British citizenship will have any implications on: • your current citizenship
CHECKLISTS
ARCHIVED: This archived checklist compares the eligibility requirements for a former premium listing, a former standard listing, an admission to the former High Growth Segment of the Main Market and admission to trading on AIM as the eligibility requirements applied immediately prior to 29 July 2024. It is not maintained and is for background information only. A significant restructuring of the UK listing regime came into effect on 29 July 2024 which included the removal of the premium and standard listing segments and the creation of a single listing category for equity shares in commercial companies (as well as other listing categories based on issuer and security type). The UK Listing Rules sourcebook came into force to implement the changes and the Listing Rules sourcebook was revoked. In addition, the London Stock Exchange closed the High Growth segment. For further information see Practice Note: Reform of the UK listing regime—fundamentals. This checklist reflects the listing regime prior to 29 July 2024 and has been retained for reference
PRACTICE NOTES
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial interests are therefore determined in accordance with the law of trusts. There are two main ways in which cohabitants may have an interest in property: as a joint owner or, where the property is in the sole ownership of the other cohabitant, under a trust, whether express or otherwise. The primary legislation under which such issues are determined is the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). This Practice Note sets out the basis on which a cohabitant or former cohabitant may make a claim in relation to property under TOLATA 1996, whether as a joint owner or where their former cohabitant is the sole owner of the property. It also details different types of joint ownership and the consequences, together with factors that may be taken into account by the court on an application under TOLATA 1996 and orders that may be made by the court. It
GLOSSARY
All maintained schools which fall below the expected levels of safety, performance and management are "eligible for intervention".
GLOSSARY
Term for someone who is required by law to be auto-enrolled as a member of a company pension scheme.
NEWS
MLex: Elis plans to buy rival O.C.L. Laundry Services are now being probed in full, the Irish competition authority said this week. Both companies are active in the outsourced supply of flat linen rental and maintenance services, such as collection, sorting, washing and drying of such linen for customers such as hotels, hospitals and nursing homes. The authority will now assess if the deal results in a substantial lessening of competition.
NEWS
The Public Law for Everyone blog, written by Mark Elliott, Professor of Public Law at the University of Cambridge, has published a blog by Professor Elliott, which summarises a recent paper he co-authored with Dr. Philip Murray.which This sets out a defence of the ‘classical account’ of administrative law, which holds that unlawful administrative acts are void from the outset (void ab intio) rather than merely voidable until struck down by a court. Although this issue seems technical in appearance, the authors argue that it goes to the heart of constitutional principle, since treating unlawful acts as valid until quashed undermines the rule of law by granting temporary legitimacy to exercises of state power without legal authority.
NEWS
Elsevier Ltd has published a research study titled ‘the ties that bind: Understanding the mental health consequences of the Windrush Scandal and hostile immigration policies on survivors in the UK’. The research study analyses 96 survivor testimonies following the scandal, and discusses the consequences for survivors including unemployment, family separation, lack of access to social welfare services, homelessness and financial vulnerability. The study unpacks six key areas of life disruption and associated mental health consequences that have impacted victims. The analysis reveals clear pathways to poor mental health outcomes, including depression, chronic stress, and anxiety disorders. The researchers critique the current compensation scheme as inadequate and potentially re-traumatising, calling for holistic support programmes that address both psychological and social/structural impacts. They recommend removing the compensation scheme from Home Office control and implementing specialised mental health pathways for survivors. This research provides evidence to inform future policy and support initiatives for those affected.
NEWS
The Welsh Government has confirmed that Eluned Morgan has been confirmed as Wales’ new First Minister. Morgan is the first female First Minister in Wales’ history. She has represented Wales in the European Parliament – where she was the youngest MEP in 1994 – the House of Lords and in the Senedd.
NEWS
Dispute Resolution analysis: The Court of Appeal held that an email referring to ‘the amount due’ acknowledged the claimant’s claim for the purposes of section 29(5) of the Limitation Act 1980 (LA 1980), notwithstanding that the preceding email inaccurately described the underlying transaction as a sale rather than a loan. The question was what the claimant, as the recipient, would reasonably have understood from the communication in its context. Extrinsic evidence was admissible to identify the liability acknowledged. As the loan agreement was the only possible transaction giving rise to an amount due, limitation restarted on the date of the email.
NEWS
Banking & Finance analysis: Little and another v Olympian Homes Ltd(2024) relates to two applications to set aside statutory demands arising out of personal guarantees. The personal guarantees were given by the applicants in respect of a facility agreement. The principal amount due was paid late, and the lender served statutory demands in respect of default interest payable pursuant to the facility agreement. The applicants argued the lender had waived its entitlement to contractual interest by way of email correspondence (contractual waiver) or, alternatively, by virtue of its conduct (waiver estoppel). The court was clear the applicants were unable to rely on any argument there had been an oral waiver of the terms of the facility agreement, given the facility agreement explicitly provided any contractual waiver was to be made in writing. The court also rejected the applicants’ argument certain email correspondence amounted to a written waiver of the contract, given the emails on which the applicants relied related mainly to repayment of the principal amount and the release of the security, rather than the payment or non-payment of interest. The court did, however, accept there was a genuine triable issue on the applicant’s waiver estoppel argument. The court found the lender had provided by email a clear and unequivocal representation or promise that the applicants were released from the terms of the facility agreement. Written by Ellie Boreham, associate at Keidan Harrison LLP.