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NEWS
This week's edition of Property Disputes weekly highlights includes: the passing of the Building Safety (Wales) Bill, a Court of Appeal ruling on the meaning of ‘building’ in the Landlord and Tenant Act 1987, and High Court decisions on causation in an overage negligence claim, and the effect of rescinding a contract on a buyer’s unilateral notices. It also includes the fourth edition of the RICS service charge residential management code, and Upper Tribunal decisions on landlord cost recovery and modification of a restrictive covenant.
Q&As
This Q&A considers the issues arising for law firms in relation to taking on a client from a country subject to sanctions, eg Russia where the client is not themselves designated as a sanctions target under the UK sanctions regime. This Q&A does not consider obligations under the anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing regime. Financial sanctions Sanctions are international measures aimed at: • encouraging a change in the behaviour of a particular country or regime • applying pressure on particular countries or regimes to comply with certain objectives • preventing and suppressing terrorist financing They are also used as a last resort enforcement tool when international peace and security has been threatened. See Practice Note: Understanding the financial sanctions regime for a full explanation of the sanctions regime. There is no legal requirement to screen for sanctions at client inception. However, whenever you take on a new client, you should consider whether to conduct screening against the sanctions lists
PRACTICE NOTES
This Practice Note utilises a hypothetical case study to illustrate the substantive law and procedural issues that may arise in bringing and managing an artificial intelligence (AI) related claim in the courts of England and Wales. For guidance on the types of civil litigation claim that may arise in AI scenarios, see Practice Note: AI related civil liability—risks and mitigation. For guidance on the types of procedural issue that may arise in conducting an AI-related dispute, see Practice Note: Issues in managing artificial intelligence related civil claims. For considerations that dispute resolution lawyers must bear in mind if using AI in the conduct of claims, see Practice Note: Artificial intelligence—using AI when conducting court proceedings. For general guidance on AI for dispute resolution lawyers, see: Artificial intelligence for dispute resolution lawyers—overview. For further general guidance on AI, across all legal practice areas, see Practice Note: Artificial intelligence (AI) resource kit. Note: on 7 July 2026, the UK Jurisdiction Taskforce (UKJT) published a ‘Legal Statement on Liability
PRACTICE NOTES
This Practice Note provides an overview of the law and practice relating to contracts for the sale and supply of goods in business to business (B2B) and business to consumer (B2C) contracts. It reviews the key legislative provisions of the Sale of Goods Act 1893 (Ireland) (SGA 1893 (IRL)), Sale of Goods and Supply of Services Acts 1980 (Ireland) (SGSSA 1980 (IRL)) and the Consumer Rights Act 2022 (Ireland) (CRA 2022 (IRL)) and their application to the sale and/or supply of goods in business to business (B2B) and business to consumer (B2C) contracts. Domestic legislation applicable to the sale of goods Key provisions to consider when drafting, negotiating or litigating a B2B or B2C contract for the supply of goods include but are not limited to: • SGA 1893 (IRL) • SGSSA 1980 (IRL) • Data Protection Act 2018 (Ireland) • Electronic Commerce Act 2000 (Ireland) • SI No 639/2002 European Communities (Requirements to Indicate Product Prices) Regulation 2002 (Ireland) • SI No 597/2022 European Union (Requirements to Indicate Product Prices) (Amendment) Regulations
PRECEDENTS
Strictly private and confidential To: [insert buyer name] [insert buyer address] Date: [insert date] This Precedent confidentiality letter or non-disclosure agreement (NDA) assumes that there will be a one-way flow of confidential information (and possibly personal data) from the sellers to the buyer. It therefore also includes links to Precedent pro-disclosing party and pro-receiving party data sharing provisions involving incidental personal data sharing if the parties will each act as joint controllers and wish to contract on a basis that complies with essential requirements of Irish data protection law in connection with limited sharing of low risk personal data as part of due diligence. As part of the sale of a company, the seller or sellers will usually provide information to the potential buyer concerning the target company in order for detailed negotiations to take place. This is a confidentiality letter to be entered into before such information is disclosed to the potential buyer, setting out terms and obligations relating to the disclosure of such information. Usually it will be drafted by the buyer. The
PRACTICE NOTES
ARCHIVED–this archived case hub reflects the position at the date of the judgment of 21 October 2020; it is no longer maintained. See further, timeline. Case facts Outline Case C- 556/19 Eco TLC—a national reference from France seeking clarification as to whether, amongst other things, a system whereby a private, non-profit eco-body (approved by the public authorities) receives contributions from those who place on the market a particular category of product and who enter into a contract with it to that effect, in return for a service consisting in the organisation on their behalf of the treatment of the waste from those products, and redistributes to operators responsible for the sorting and recovery of that waste, subsidies the amount of which is set out in the approval, in the light of environmental and social targets—should be regarded as illegal State aid. Latest developments On 22 October 2020, the Court of Justice issued its judgment in which it concluded that a French textile waste recovery scheme did not constitute State aid. Parties Applicant•
PRACTICE NOTES
Definition Guidance for doctors who offer cosmetic interventions, published by the General Medical Council (GMC) in 2016 and updated in December 2024, describes cosmetic interventions as: ‘...any intervention, procedure or treatment carried out with the primary objective of changing an aspect of a patient’s physical appearance. This includes surgical and non-surgical procedures, both invasive and non-invasive.’ There has been an explosion of cosmetic surgery procedures. This growth has been partly contributed to by online discounts. With this increase in procedures comes the potential for things to go wrong. Common cosmetic surgery claims Examples of common types of claim are set out below: • failure to obtain informed consent • breast enlargement and reduction • facelifts (rhytidectomy) • eyelid surgery (blepharoplasty) • botox and dermal filler treatment • nose reshaping (rhinoplasty)  • ear reshaping (otoplasty) • brow lifts • laser skin resurfacing  • cosmetic dentistry • tummy tucks or gastric band surgery • liposuction • other complications of surgery, such as damage to nerves, arteries and organs Background The Cosmetic Surgical Practice Working Party published
PRACTICE NOTES
The usual defences are available to a defendant such as limitation. A defendant may deny that it was in occupation or control of the premises or otherwise deny that it owed a duty of care to the claimant or that there was a breach of duty. The defendant may also argue that the claimant was not a lawful visitor in terms of the Occupiers’ Liability Act 1957 (OLA 1957) and that they were a trespasser and so the more limited duty was owed to the claimant under the Occupiers’ Liability Act 1984 (OLA 1984). Alternatively, the defendant may deny that the claimant was a visitor or a trespasser and allege that the claimant was using a public right of way and therefore no duty of care was owed under OLA 1957 and OLA 1984. The following possible defences may also be advanced by an occupier. Contributory negligence The Law Reform (Contributory Negligence) Act 1945 has application in cases brought under both OLA 1957 and OLA 1984. The occupier may allege that the visitor's injuries were
PRECEDENTS
From: [name of Seller] of [address of Seller] Strictly private and confidential To: [name of Buyer] of [address] Date: [date] Dear [as appropriate] Re: [address or description of the property] (the ‘Property’) In consideration of us, [name of Seller] (the ‘Seller’), agreeing to provide you, [name] (the ‘Buyer’), with certain confidential information about the Property to enable you to evaluate the Property for its potential [ [development and] purchase OR letting] (the ‘Transaction’), you undertake and agree with us as follows: 1 Definitions In this letter: Authorised Recipients • are: (a) the directors and senior management personnel whose knowledge of the Confidential Information is essential for evaluating the Property [and its development potential] [; and] (b) any agent or professional adviser acting on your behalf in connection with the Transaction[; and] (c) [any bank or other financial institution from whom you may seek finance for the Transaction;] Confidential Information • is any information: (a) relating to the Property that is obtained by you or any agent or professional adviser acting on your behalf in any form arising out of any discussions with the Seller or its agents or professional advisers; and (b) regarding the existence, nature or progress of any negotiations relating to the
Q&As
Statutory holiday entitlement The right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 is to a total of 5.6 weeks’ annual leave each ‘leave year’, made up of: • a basic entitlement to a minimum of four weeks’ annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under Directive 2003/88/EC, WTD • an additional entitlement to 1.6 weeks’ annual leave (eight days for a regular full-time worker) each leave year, which is a right under domestic legislation only Statutory paid holiday entitlement therefore
PRECEDENTS
[enter name of mobile telephone company] [enter address of mobile telephone company] Dear [enter organisation name] The late [enter name of deceased] Account number [enter account number)] Mobile phone number: [enter mobile
PRECEDENTS
1 If, at any time in the [three] years following the payment of a bonus to you, the [Board OR Remuneration Committee] determines in its absolute discretion that any of the events specified in sub-clauses 1.1 to 1.4 of this clause have occurred, it may require reimbursement by you of all or part of the relevant bonus payment made to you (whether or not you are still in employment with the Company or any other Group Company), such reimbursement to be implemented in accordance with clause 2: 1.1 [the Company or any other Group Company having to restate all or a portion of its financial statements to a material degree OR your gross negligence, fraud, dishonesty or other misconduct has caused or contributed to the Company or any other Group Company having to restate all or a portion of its financial statements to a material degree]; 1.2 your gross negligence, fraud, dishonesty or other misconduct or you having committed any other act or omission which would entitle (or, where your employment has terminated prior to the date on which