Where a landlord and tenant cannot agree on the terms of a renewal lease, either party can apply to the Court for the terms to be determined, pursuant to section 24(1) of the Landlord and Tenant Act 1954 (LTA 1954). In the absence of agreement between the parties,LTA 1954, s 34 states that the rent under the new tenancy ordered by the Court will be that at which having regard to the terms of the new tenancy

The rules governing costs in the Court of Protection differ for property and affairs, and health and welfare applications. The general rule applying to proceedings concerning P's property and affairs is set out in rule 156 of the Court of Protection Rules 2007, SI 2007/1744 (COPR 2007) and states that the costs of the proceedings (or of that part of the proceedings concerning P's property and affairs) shall be paid by P or charged to his estate. The basis on which professional fees can be charged is set by the court and, if the application is straightforward, then a professional deputy may take costs as laid down by the court

In answering this Q&A, we have limited the Q&A to the position under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) and the Data Protection Act 2018 (DPA 2018), although we have referred to former position under the Directive 95/46/EC (the Data Protection Directive) and the Data Protection Act 1998 (DPA 1998) as appropriate. Article 2(1) of the GDPR specifies that it applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. To understand the scope of the GDPR, consider the term ‘filing system’ and how this differs from a ‘relevant filing system’ under DPA 1998. Comparisons between former and current regimes Data Protection Directive (Directive 95/46/EC) DPA 1998 Article 2(c) defines a ‘personal data filing system’ as:‘any structured set of personal

Pharmacovigilance (PV) is the practice of monitoring the effects of medicinal drugs after they have been licensed for use to identify and evaluate adverse events or reactions one experiences on consumption of a drug or medicine and identifying any additional safety problems not uncovered during clinical testing. The General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) defines ‘data concerning health’ as personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveals information about their health status. Hence, the provisions of the GDPR would be applicable on PV services since the same requires processing of data concerning health. Entities that are in the PV business would be required to be mindful of various requirements and controls that flow from the GDPR in relation to handling of data and beyond, in case of transfer of data. The EU regulates safety monitoring of medicines through Directive 2010/84/EU and Regulation (EU) 1235/2010 as per which

The General Data Protection Regulation (Regulation (EU) 2016/679) (the GDPR), was approved by the European Parliament on 27 April 2016 and has the objective of both strengthening and harmonising data protection in the EU. It will apply from 25 May 2018 and shall be directly applicable in all Member States (GDPR, Regulation (EU) 2016/679, Art 99). Perhaps the first point to consider is the effect of the UK’s withdrawal from the EU. The scope of our relations with the EU after March 2019 is still far from certain. While clause 3(1) of the EU (Withdrawal) Bill provides that ‘direct EU legislation, so far as operative immediately before exit day, forms part of domestic law on and after exit day’ the extent to which there will be co-operation with institutions of the EU once the UK ceases to be a member remains unclear. The UK government has announced new legislation to update the current UK data protection framework. The proposed Data Protection Bill will establish a new data

Work conditions for persons with permission under the Immigration Rules are found in Immigration Rules, Appendix Student, paras ST 26.1–ST 26.8. See Practice Note: Student: period and conditions of permission. The exact wording used is that ‘Employment’ is permitted for certain types of students, eg, students following a full-time course of degree level or above study sponsored by a higher education provider with a track record of compliance can be employed for 20 hours per week during term-time (and full- time employment is permitted outside of term-time). They are also not permitted to work in a position which would fill a permanent full-time vacancy unless Immigration Rules, Appendix Student, para ST 26.6 applies (this is not considered here). The word employment

In International Chamber of Commerce (ICC) arbitration, the parties are required to pay a substantial amount of the costs of the arbitration 'up front' to cover the tribunal's and the ICC's fees and expenses. Separate advances will often be set throughout the course of the arbitration and it is not possible to say in advance how much the arbitration is going to cost. Advisors can often give an indication of the costs of previous similar disputes but the inevitable twists and turns of case mean that no one can predict the eventual cost. In considering the costs of the arbitration, parties must be aware that any advance set by the ICC is intended only to cover the tribunal and ICC's fees, in addition the parties will have to bear their own legal fees (some of which will hopefully be recoverable from the opposing party)—see: Costs in international arbitration—Allocation and recoverability of costs. Provisional advance Once the ICC has received the Request for Arbitration from the claimant (see Practice Note: ICC (2012)—starting

The Defective Premises Act 1972 (DPA 1972) imposes statutory duties on parties providing works and services in relation to dwellings (ie residential properties). Specifically, under DPA 1972, a person who takes on work: • for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or • in relation to a building containing one or more dwellings (DPA 1972, s 2A), owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, and with proper materials, so that on completion of the work the dwelling is ‘fit for habitation’. The persons who owe these duties (ie, those taking on the works) include contractors, designers and property developers providing works and services in relations to dwellings. The parties to whom the duties are owed include those with legal or equitable interests in the affected dwellings, such as purchasers or tenants, and those for whom the works are done. The

The Limitation Act 1980 (LA 1980) is the key statutory framework setting out the circumstances when a limitation defence may or may not be taken. For general guidance, see Practice Notes: Limitation Act 1980—general application and Limitation—the principal limitation periods. LA 1980, s 5 is broadly understood to apply to simple contracts by way of default, when no other

What does the National Security and Investment Act 2021 do? The aim of the National Security and Investment Act 2021 (NSIA 2021) is to give the government greater powers to intervene in acquisitions of shares or assets in circumstances where the acquisition might harm the UK’s national security. The government was concerned that its powers under the Enterprise Act 2002 enabling it to scrutinise mergers which might harm national security, were no longer sufficient to properly address the risk of those hostile to the UK using their ownership of, or influence over, businesses and assets to harm the country. Examples include where control is gained of a crucial supply chain, or access obtained to sensitive sites, with the potential to exploit them. In summary, the NSIA 2021 establishes: • a mandatory notification requirement—this is an obligation on the purchaser to notify the Secretary of State of a proposed acquisition of an entity which falls

This Q&A assumed that the reference to the bare trust is a reference to a trust for a person who has an absolute beneficial interest in the trust property. Section 1 of the Perpetuities and Accumulations Act 2009 (PAA 2009) sets out the situations

Section 1(1) of the Protection from Eviction Act 1977 (PEA 1977) protects, among others, a former service occupier whose contract of service has expired, who is similarly protected by PEA 1977, s 3 (see PEA 1977, s 8(2)) and, if employed in agriculture, by PEA 1977, s 4. PEA 1977, s 1(2) makes it a criminal offence to evict either a person whose