A gift of an undivided share in land may be treated as subject to a reservation if certain conditions apply, as outlined in section 102 of the Finance Act 1986 (FA 1986). If a gift of land is made by a donor to a donee, but the donor continues to enjoy a benefit from the land, then the value of that benefit reserved will form part of the donor’s estate for Inheritance Tax (IHT) purposes on death. The gift with reservation rules apply where either: • possession and enjoyment of the property is not bona fide assumed by the donee at least seven years before

If the payment has been processed and the Secretary of State is not making payment, in the first instance the best option would be to write to them requesting that the money be paid. It would be helpful to set out in writing the circumstances in which costs were agreed, send a copy of the order and ask that payment be made. The letter can also state that if payment is not made within a certain period of time, Part 8 proceedings will be issued in order to recover the debt. The timeframe for a simple claim such as this will usually be 14 days. In sending this letter, hopefully the Secretary of State would make payment quickly. If the Secretary of State did not

It is often the case that works to an adjoining property lead to strained relations between neighbours. Less commonly, those works can give rise to a cause of action, where damage is caused by those works. Such cases are, by their nature, fact-specific, but, commonly, the causes of action that can be pursued will be in negligence, nuisance and trespass. A claim in trespass can be maintained where unauthorised works are carried out as part of the relevant works. An example

Such a situation can arise, for example, in fulfilment, where supplies are made to a customer (the data subject if an individual) by the supplier on behalf of the purchaser of the supplier’s services. The chain is: purchaser–> supplier–> customer. It is inevitable that the supplier is going to keep, be given or generate a database of customer supply details. It is also the case that those details (email addresses, name and address, order history, financial credibility and so on) are going to constitute personal data within the meaning of the Data Protection Act 1998 (DPA 1998), see Q&A: What is 'personal

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006), any purported variation of a contract of employment that is, or will be, transferred is void 'if the sole or principal reason for the variation is the transfer' However, such a variation will not be void: • if the sole or principal reason for the variation is an economic, technical or organisational reason entailing changes in the workforce (ETO reason), provided that the employer and employee agree that variation, or • the terms of that contract permit the employer to make such a variation In determining whether the transferee can change the provider of an employee benefit following a relevant transfer under TUPE 2006, it will therefore be necessary to: • identify the contractual and non-contractual terms of employment • assess whether the proposed change amounts to

Section 14 of the Employments Rights Act 1996 (ERA 1996) sets out certain ‘excepted deductions’ to which ERA 1996, s 13 (which sets out the general prohibition of unlawful deductions from wages) does not apply, including a deduction from a worker's wages made by his employer where the purpose of the deduction is the reimbursement of the employer in respect of an overpayment of wages. For further information, see Practice Note: Deductions from wages—Excepted deductions and payments. A relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246

We refer you to Practice Note: Residential—statutory limitations on recovery of service charges and administration charges. This states: 'Requirement to consult the amount of service charge recoverable may be restricted unless the landlord has complied with the consultation requirements contained in LTA 1985. Subject to relatively modest financial thresholds, those consultation requirements apply where the landlord intends to: • enter into a qualifying long term agreement to which section 20 of the Landlord and Tenant

The Equality Act 2010 (EqA 2010) implies an equality clause into a person's (A's) terms of work, or an equality rule into an occupational pension scheme, where A: • is employed on work that is equal to the work that a comparator of the opposite sex (B) does, or • holds a personal or public office and does work that is equal to the work that a comparator of the opposite sex (B) does See Practice Note: Equal pay: how claims work. A complaint may be made of breach of the equality clause to a tribunal and, in principle, for breach of contract in the ordinary courts. Where a claim based on breach of the equality clause is taken to the ordinary courts, the court has power to strike out the claim where it appears to the court

As seen from Damages: Atkins Court Forms [28], available in Lexis®Library, the general position with regard to damages in professional negligence claims against surveyors is as follows: 'the losses attributable to the negligent valuation are ascertained by comparing the valuation negligently provided with the true value of the property at the time of the valuation . If the lender's actual losses are equal to or less than the difference between the true value and the negligent

For the purposes of this Q&A we have focused solely on: • the question asked regarding the use of appropriate safeguards to transfer personal data from the EU to the UK in compliance with Chapter V (Transfers of personal data to third countries or international organisations) of the Regulation (EU) 2016/679, General Data Protection Regulation (GDPR)—we have not considered transfers from the UK to EU or onward transfers nor other compliance obligations under the GDPR (eg record keeping or transparency (eg privacy notices)). For further guidance on the general implications of Brexit for data protection, see Practice Note: Brexit—implications for data protection [Archived] • the general position established under the GDPR in respect of transfers to third countries outside the EEA and which currently applies across the EU (including to the UK); we are not able to give guidance on the laws

When agreeing the costs payable in respect of an application, it is advisable to get both parties to sign a consent order for the payment of the costs at the time of reaching the agreement. This is because the consent order to pay an amount in respect of costs has the status of a money judgment—see

The ability of a tenant to assign part only of a lease is usually not permitted by the terms of the lease due to the complications that can arise in respect of apportionment of liabilities and covenant obligations, as well as the physical impact on the premises which may make them less attractive or valuable. Very long leases may however permit an assignment of part. An assignment of part severs the obligations contained in the tenancy so as to apportion them between the several parts comprising the tenancy, but does not create two separate tenancies: Jelley v Buckman. The leading modern case is Smith v Jafton Properties Ltd, which concerned residential rather than commercial premises, but it is highly likely that the same principles apply. The issue