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Q&As
What do the MEES regulations provide? The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962 prohibit the letting of substandard (ie with an energy performance certificate (EPC) rating of ‘F’ or ‘G’) domestic private rented property (DPR property) as follows: • from 1 April 2018, MEES Regs 2015, SI 2015/962, Pt 3 prohibits the granting of a new tenancy to a new or existing tenant (including any extension, or renewal of an existing tenancy or statutory periodic tenancy which comes into existence at the end of a fixed-term shorthold tenancy) • from 1 April 2020, the MEES Regs 2015, SI 2015/962 will apply to all leases including where the landlord continues to let a substandard DPR property The Department for Business, Innovation and Skills (BEIS), has published non-binding guidance for landlords on complying with their obligations under MEES Regs
Q&As
Clauses 1.8.2 and 4.24.6 of the JCT Design and Build Contract 2016 set up a two-stage process. The first stage is under clause 4.24.6; unless the effects of the final statement are challenged before the due date then the final statement becomes conclusive. The second stage arises under clause 1.8.2, if the final statement is challenged before the due date then within 28 days of the date of issue of the final statement proceedings must be commenced. In order to be able to commence proceedings such proceedings must be commenced within 28 days of the date of issue of the final statement regardless of the due date. The potential issue arises from the fact that the 28-day period for commencing proceedings runs from the date of issue rather than
Q&As
Growth shares, also known as value shares or hurdle shares, are a special class of shares that have restricted rights. These rights are designed to allow employees ‘only’ to participate in post-acquisition increases in the value of the company. They therefore tend to have a similar economic effect to an option with a market value exercise price. For a comparison between growth shares and share options, see Practice Note: Growth shares—practical examples and comparisons with options. The key terms of the growth shares would be set out in the articles of association. Most commonly, on a sale of the company's shares, the growth shares will carry an entitlement to an amount of consideration representing a proportion of the value of the company, which is calculated using a formula. The formula to be applied on the sale of a company will provide that the consideration is only payable in respect of the growth shares if the purchase price paid to shareholders of the company is
PRACTICE NOTES
This Practice Note identifies the key factors relevant in how judges in civil cases decide the cases before them, considering their role and approach to the evidence and the giving of reasons for their decision. It is a point which HHJ Paul Matthews has been keen to explain in a number of his judgments, including Morgan v Morgan discussed below and Car-Wizard v Vixen Surface Treatments. For general guidance on the courts and legal profession, see: Court and the legal profession—overview. For a typical timetable of the civil proceedings, see Practice Note: Typical timeline—civil proceedings. The role of the civil judge The role of the judge in civil proceedings in England and Wales is to decide cases based on the material and arguments put before them by the parties. Judges may be seen as the litigation equivalent of referees or umpires. It is not for the judge to hunt out evidence or play detective. Rather, it is the responsibility of each party to the case to: • find and put before the court the
Q&As
For the purposes of this reply, we assume the court has made an order for the police to disclose relevant information pursuant to section 236 or 366 of the Insolvency Act 1986 (IA 1986), the information the police propose to redact is personal data, and the police are the ‘controller’ of the personal data and the processing is at all times subject to the UK GDPR regime. Unfortunately, we do not have existing content that directly relates to your specific query. However, the following may be useful. Data protection law in the UK is governed by a number of regimes. In summary, such regimes govern the ‘processing’ of ‘personal data’ where those regimes apply. ‘Processing’ is broadly defined under both the UK General Data
Q&As
A number of permitted development rights exist to develop within the curtilage of a dwellinghouse, see Practice Note:Permitted development rights for larger rear house extensions in England. These are contained in Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596. Enlargements to dwelling houses
Q&As
Purpose of FRAND terms Occasionally, companies involved in high-tech industries co-operate to devise common standards. For example, mobile telephone operators co-operate on issues such as ensuring interoperability, like GSM, 3G and 4G, often through an agency like the European Telecommunications Standards Institute. Where a company contributes its patented technology to a common standard, it must agree in return to license the relevant patents to competitors on FRAND terms (ie terms which are fair, reasonable and non-discriminatory). However, there is scope for dispute. FRAND terms are designed to ensure that essential protected technology incorporated in a standard is accessible to all the users of that standard
Q&As
A new function was introduced in 2014 by the Home Office allowing certain sponsors to be granted an annual allocation of Certificate of Sponsorship (CoS) automatically based on the number of CoS they assigned in the preceding 12 months. If you are one of those sponsors, you will not be required to submit a renewal request for allocation of undefined CoS every year. Instead, the text ‘Automatic renewal’ will be displayed in the ‘Outstanding annual allocation requests/Number
Q&As
The English courts’ approach to exclusion and limitation of liability clauses is considered in detail in Practice Note: Exclusion and limitation of liability. Damages in tort Generally speaking, damages in tort are divided into the categories of ‘general’ damages and ‘special’ damages. Special damages compensate the claimant for quantifiable monetary losses suffered as a result of the defendant’s act or omission and, as a recognised term, is specific to personal injury claims. In a claim for personal injury, for example, general damages arising out of negligence will include compensation for physical injury but a claim for loss of earnings as a result of not being able to work as a result of the incident will be special damages, (see: Past expenses and losses—overview and Practice Note: Common recoverable losses in personal injury cases). Damages in contract Different rules apply when considering damages in contract. The term ‘special
Q&As
The Re-use of Public Sector Information Regulations 2015 (2015 Regulations) came into force on 18 July 2015, replacing the Re-use of Public Sector Information Regulations 2005 (2005 Regulations). The 2015 Regulations implement Directive 2013/37/EU amending Directive 2003/98/EC on the Re-use of Public Sector Information. The aim of the new Regulations is to encourage proactive publication of information which is easy to identify and re-use, making it simpler to re-use public sector information and to support technology-driven growth, in accordance with the principles of fairness, transparency, non-discrimination and consistency. The table below sets out a non-exhaustive list of key provisions, comparing the 2015 Regulations against the corresponding provisions of the 2005 Regulations. 2015 Regulations and 2005 Regulations—key provisions compared: New Regulations Old Regulations (compared) Re-use of Public Sector Information Regulations 2015 SI 2015/1415 Re-use of Public Sector Information Regulations 2005 SI 2005/ 1515 Public sector bodies The 2015 Regulations apply to public sector bodies, including government departments,
Q&As
These exceptions apply in respect of bridging pensions, which are the subject of the Practice Note: Bridging pensions. As explained in the Practice Note, bridging pensions are a form of pension provided by some (but not all) defined benefit occupational pension schemes in circumstances where a member’s scheme pension commences before state pension age (SPA). As the name suggests, bridging pensions are a form of temporary 'top-up' pension intended to 'bridge the gap' between the date on which the relevant member's 'normal' scheme pension comes into payment, and a later date, typically the member’s SPA when their state pension commences. Until 5 November 2018, the SPA of men and women was unequal. The consequent
Q&As
The answer to this Q&A will depend on the value of the estates, the assets being closely inherited and the QFRI. However, the following points may be of assistance with this Q&A (note that we have assumed the tapering provisions are not in point): Brought forward allowance The brought forward allowance is available where the death of the first spouse was before 6 April 2017 (provided the death of the second spouse is on or after 6 April 2017). As there was no RNRB before 6 April 2017, where the death of the first spouse occurs before 6 April 2017, the brought forward amount will be 100% of the residential enhancement in force at the later death of the second spouse under section 8G of the Inheritance Tax Act 1984 (IHTA 1984). Where the death