Whether you need consent to process the personal data of existing and future clients depends what data you are processing, why and how. Processing non-sensitive personal data Consent is only one of the bases on which you can lawfully process data under the General Data Protection Regulation (GDPR). You should always consider whether an alternative lawful basis for processing personal data exists. There are five alternatives in Article 6 of the GDPR, ie processing is necessary: • for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract • for compliance with a legal obligation to which you are subject • to protect the vital interests of the data subject or another natural person • for the performance of a task carried out in the public interest or in the exercise of official authority vested in you • for the purpose of the legitimate interests

The General Data Protection Regulation (GDPR) sets out the possible bases for lawful processing in Article 6 for ordinary personal data and Article 9 for special category personal data. The lawful grounds for processing personal data under the GDPR: Article 6 There are six potentially lawful grounds for processing personal data also known as the legitimate grounds or conditions for processing: • consent—the data subject has given consent to the processing of their personal data for one or more specific purposes • contractual necessity—processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract • legal obligation—processing is necessary for compliance with a legal obligation to which you are a subject • vital interest—processing is necessary to protect the vital interests of the data subject or another natural person • public interest—processing

Where a vendor or purchaser has failed to complete contract for sale of land it is usual for the other party to seek an order for specific performance of the contract. Specific performance is the only remedy that ensures completion of the transaction. See our Practice Note: Specific performance of property agreements for more information. The remedy of specific performance is purely equitable. As a matter of principle the court should not order specific performance where damages are an adequate remedy. That is usually seen as a significant hurdle to specific performance. Where the claimant is a buyer it is highly likely that this hurdle will fall away easily. The English law and courts recognise that any particular parcel of land is unique. See AMEC

The potential causes of action in a case of this nature are highly complex. They include possible claims: • for personal injury within the tort of negligence • for damage to property within the tort of negligence • in relation to the law of bailment • for breach of contract, including pursuant to the term implied into any contract for services by section 13 of the Supply of Goods and Services Act 1982 • for breach of statutory duty under the Congenital Disabilities (Civil Liability) Act 1976 (CD(CL)A 1976) or the Human Fertilisation and Embryology Act 1990 (HFEA 1990) • for breach of the Human Rights Act 1998 and in particular the right to family life The usual limitation periods would apply to

A service occupancy licence is a licence granted to an employee to occupy accommodation where the employment contract expressly requires that they live at the property for the better performance of their duties, or it is essential for the performance of those duties (Northern Ireland Commissioner of Valuation v Fermanagh Protestant Board of Education). As to the contractual requirement, this must be established as a matter of fact and not merely by way of a term included in the contract, but it is sufficient to satisfy the condition if it can be shown that the duties would be better performed by someone living on the premises than someone living anywhere else (Surrey CC v Lamond (1998) 31 HLR 1051 (not reported

ARCHIVED: This Precedent has been archived and is not maintained. SIAC ARBITRATION NO. 232 OF 2013 IN THE MATTER OF AN ARBITRATION BETWEEN: Parties 1 WEIPA RESOURCES LIMITED Claimant AND 2 SELANGOR RESOURCES SDN BHD Respondent 1 This is the Respondent’s Statement of Defence in response to the Claimant’s Statement of Claim (‘SOC’) filed on [insert date]. 2 The abbreviations used in the Claimant’s SOC are adopted herein, unless defined otherwise. 3 Paragraphs 1 and 2 of the SOC are admitted. 4 Save that the parties entered into an agreement in writing (the ‘Contract’) on or around 15 August 2014, and that the governing law of the Contract is the law of Aleutia, paragraph 3 of the SOC is not admitted. 5 Paragraph 4 of the SOC is admitted. 6 Paragraph 5 of the SOC is not admitted. 7 Paragraph 6 of the SOC

Retention is the name given to the amount of money the employer retains from interim payments as security for the future performance of the contractor's obligations and to incentivise the contractor to fulfil all of its obligations. For more information, see Practice Note: Retention of payment in construction contracts. The release of retention to the contractor varies depending on the specific terms of the contract. Commonly, one half of the retention is released at practical completion, and the remainder after rectification of any defects notified during the defects liability period has been completed. Therefore, a contractor may be entitled to claim the release of part or all of the retention where these milestones occur prior to the issue of a final certificate. Depending on the contract, the contractor may also be required to make an application

Service charges Service charges are levied by landlords to recover the costs they incur in providing services to a building. The way in which the service charge is organised is set out in the tenant's lease or tenancy agreement. The charge normally covers the cost of such matters as general maintenance and repairs, insurance of the building and, where the services are provided, central heating, lifts, porters, lighting and cleaning of common areas, etc. The charges may also include the costs of management by the landlord or by a professional managing agent and for contributions to a reserve fund. Relationship of landlord and tenant The relationship of landlord and tenant has its origins in the medieval land law and was originally one of contract only. However, from early times the contract conferred an estate or proprietary interest in the land

Regulation EC 593/2008, Rome I applies in respect of choice of law provisions in civil and commercial contracts. The root principle is that courts in EU countries will apply the law of choice to the contract as standard save where an exception to this principle exists, even if this means that the courts of the relevant country will be applying the law of a foreign jurisdiction. It applies to contracts entered into after 16 December 2009 (earlier contracts remain governed by the Rome Convention in this regard). A choice of law must have expressly been made within the contractual provisions or be clearly demonstrated by the circumstances of the case. Where a contract

The JCT contracts use the phrase ‘direct loss and/or expense’ in various clauses—see for example clause 4.19 of the Design and Build Contract 2016, which provides that the contractor is entitled to reimbursement where it incurs direct loss and/or expense as a result of

By section 38A of the Landlord and Tenant Act 1954 (LTA 1954), parties to a lease may agree to exclude the security of tenure that would otherwise apply to a business lease. This right to ‘contract out’ applies to a tenancy ‘to be granted for a term of years

The accrual of a cause of action in the case of a claim under an express indemnity will depend upon the terms of the contract: see eg Bosma v Larsen [1966] 1 Lloyd's Rep 22 (not available on Lexis®Library). Where the indemnity is a simple indemnity against liability, the cause of action