This ‘how to’ guide considers how to serve a landlord’s certificate (and former landlord’s certificate) under the Building Safety Act 2022 (BSA 2022), the deadlines for service, as well as the form, content and methods of service. A landlord’s certificate provides a leaseholder with information relating to the landlord’s net worth and the extent to which the landlord was responsible for identified fire safety defects. This enables a leaseholder to identify whether or not the landlord is prevented from recovering the cost of remedying the defect through the service charge by virtue of: • BSA 2022, Schedule 8, paragraph 2 (the para 2 responsibility condition)—ie the landlord was responsible for the defect or associated with the person responsible—see Practice Note: Building Safety Act 2022—landlord and tenant issues—Circumstances where no service charge is payable for remediation; or • BSA 2022, Sch 8, paragraph 3 (the para 3 contribution condition)—ie at the qualifying time (14 February 2022 — see Practice Note: Building Safety Act 2022—landlord and tenant issues—Remediation of historic defects—definitions)

This ‘how to’ guide considers how to serve a leaseholder deed of certificate (LDC) under the Building Safety Act 2022 (BSA 2022). The service charge protections under Schedule 8 only apply to ‘qualifying leases’ under BSA 2022, section 119(2) (other than one exception). LDCs confirm whether or not the lease fulfils the requirements of section 119(2)(d). This ‘how to’ guide covers the form and service of the LDC, the accompanying evidence required, and any applicable deadlines. Under BSA 2022, section 119(2), to be a ‘qualifying lease’, the conditions of section 119(2) (a)—(d) need to be fulfilled. Conditions (a) — (c) are straightforward: broadly, that it is a long (more than 21 years) lease of a dwelling, the tenant is liable to pay a service charge, and the lease was granted before 14 February 2022 — see Practice Note: Building Safety Act 2022—landlord and tenant issues — Remediation of historic defects—definitions. BSA 2022, section 119(2) condition (d) will be fulfilled if, as at 14 February 2022, the:

Dispute Resolution analysis: This case involved an application by the defendant (the appellant) for an order that the claimant’s bill of costs be struck out and the claimant be required to serve an amended and CPR-compliant bill. The High Court allowed the defendant’s appeal deciding that the claimant’s bill had not been properly certified and was not CPR-compliant. Unless signed by the client, the bill must be signed by a solicitor and the signatory must be identified. The court further held that each fee earner included in the bill must be named and details provided as to their status, experience and/or professional qualifications, including post qualification experience. The case is essential reading for any legal professional seeking to recover costs. A bill which fails to meet the requirements of the CPR, as interpreted in this case, is liable to be struck out. Written by John Meehan, costs barrister at Kenworthy’s Chambers.

A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the demand is seeking to enforce. A demand will be necessary where the contract between the parties requires a demand to be made to crystallise a party’s obligation to make payment. Such a situation is likely to arise in the following circumstances: • where a creditor wishes to realise its security • where there has been a default under an ‘on demand’ facility • where a party wishes to rely upon a guarantee; and • where non-payment of a demand equates to an event of default under the contract The consequences of making a demand may include: • crystallisation of a cause of action which gives rise to a party’s entitlement to commence proceedings • commencement of the limitation period • establishing the date from which a lender’s right to repayment of the loan becomes due; and • establishing the date from which a lender’s right to default or enhanced interest arises Materials

This Practice Note looks at the steps required when serving a landlord’s notice pursuant to section 25 of the Landlord and Tenant Act 1954 (LTA 1954) on a tenant to determine a business tenancy. It includes consideration of whether the tenant has security of tenure under LTA 1954, the identity of the competent landlord, when the section 25 notice can be served and the form and content of the notice. It also includes practical steps to consider after the notice has been served. For detailed guidance on terminating LTA 1954 tenancies and lease renewal and termination proceedings, see Practice Notes: LTA 1954 business lease renewal—termination and LTA 1954 business lease renewal—proceedings. Does the tenant have security of tenure under LTA 1954? As a first step, check: • whether the tenant satisfies the requirements of LTA 1954, s 23 and has a statutory right to seek a new lease at the expiry of the current tenancy, and • the tenancy is not one of the excluded tenancies set out in LTA 1954, s 43 If

This ‘how to’ guide considers how to serve a landlord’s first notice and further notice requesting a leaseholder deed of certificate (LDC) under the Building Safety Act 2022 (BSA 2022). It covers the form and service of the notices and the relevant deadlines. For guidance on serving an LDC, see Practice Note: How to serve a Building Safety Act 2022 leaseholder deed of certificate. Under BSA 2022, s 119(2), a lease is a ‘qualifying lease’ if it meets all the conditions in section 119(2)(a)–(d). Conditions (a)–(c) require, broadly: • a long lease (for more than 21 years) of a single dwelling in a relevant building, • liability for a service charge under the lease, and • the lease was granted before 14 February 2022 A connected replacement lease is also a qualifying lease under BSA 2022, s 119(3A), even if it was granted on or after 14 February 2022, provided the conditions in section 119A are met. In particular, the new lease must be: • of

Overall Purpose The first question may well be the overall purpose and vision for the charity. Is it intended, for example, as an operating charity or grant making? Is there a specific local concern or a national cause? Is it a long-term goal or a specific event? Charitable Objects Under UK law, a charity must: • have a charitable purpose(s) set out in the governing document, and • meet the public benefit requirement The Charity Commission provides precedent clauses. Consideration should be given to whether benefit is restricted at all. Legal form of the charity The legal form of the charity will need to be considered. The options include: • Charitable trust • Charitable company incorporated by guarantee • Charitable incorporated organisation (CIO) • Unincorporated association • Other structures • Charity created under a Will or inter vivos trust A charitable trust may be simpler, but may not be appropriate where, for example, trading is anticipated. Incorporation involves both Charity Commission and company legislation compliance.

This How to guide sets out what to consider when setting up a trust and it provides links to related resources. It considers private trusts (not charitable trusts). What form will the trust take? There are a number of different ways in which a private trust may be created: • A private trust may be an express trust by: ◦ lifetime declaration of the settlor (see Practice Note: Creation of trusts—by declaration) ◦ transferring property to trustees on the basis of a trust relationship (see Practice Note: Creation of trusts—by transfer of property to trustees) ◦ Will (see Practice Note: Creation of trusts—by Will) ◦ exercise of trustees powers (see Practice Note: Creation of trusts—by exercise of trustees powers) ◦ the Court in certain proceedings ◦ statute (for example, the Administration of Estates Act 1925) • In contrast to express trusts, a private trust may also be an implied or constructive trust (see Practice Note: Constructive trusts). What type of trust will be required? The

This Practice Note sets out guidance on how to settle an IP dispute. It includes the reasons for settling an IP dispute, when to consider settlement and the available forms of settlement. It considers the format of the negotiations and the key terms to include in a settlement agreement, along with practical points for the parties. Why settle? A ‘settlement’ generally refers to a situation where the parties to a dispute agree to end it and enter into an agreement (often in the form of a formal contract) setting out the terms that have been agreed. Settlement may take place prior to the commencement of litigation or in the course of court proceedings. While there may be occasions when tactically it makes sense to litigate, it is generally best avoided. IP proceedings are no exception. No matter how strong a right holder’s case might be, the outcome of litigation is always uncertain, and the process can be costly, time consuming and stressful. The remedies available to the courts are limited and may not always offer the

This Checklist sets out how to settle an IP dispute. It covers: reasons for settling an IP dispute, when to consider settlement, forms of settlement, the format of settlement negotiations, drafting the settlement agreement and practical points for the parties. It is intended to be used alongside Practice Note: How to settle an IP dispute. The third column can be used to record observations or comments as the Checklist is worked through. Considering whether to settle and when to do it Checklist Further information Notes (if any) ☐ Is settlement preferable to litigation? Litigation can be costly, time-consuming and uncertain. At each stage of the dispute, consider whether settlement would better achieve the client's objectives. Issues to take into account include:—the wider commercial consequences of litigation (eg delayed product launches, renaming products or businesses, product recalls, wasted advertising or marketing expenditure, damage the business's reputation, increased damages and cost)—whether the right holder is prepared to devote the necessary resources and management time to the case—whether the remedies available in court are suitable for the desired outcome Pre-action ☐ Is

Everyday life is a series of problems to be solved and the law firm workplace is no different. In addition, the world is constantly changing, eg firms have had to contend with issues such as hybrid working and making the best use of artificial intelligence. A solid framework enables us to resolve issues, adapt to the changing landscape and decide the best route forward. This Practice Note discusses the key themes of continuous improvement and covers: • an introduction to problem solving • the basic framework of continuous improvement • how to measure the impact of current problems and identify future issues • using appropriate tools to analyse the things causing the issues • the best ways to get creative and generate ideas • two models to help you implement change in your teams • how to measure the effects of the changes you have made An introduction to problem solving Problem solving is not: • change for the sake of it • simply fixing things that don’t work • just

Phishing is where someone initiates an electronic communication such as an email which is designed to trick the user for the purpose of stealing sensitive information such as identities, passwords and credit card numbers or stealing money through the transfer of funds. The best way we can defend ourselves from becoming a victim of a phishing email is for us to know how to spot one and what to do The table below details how you can spot a phishing email or a phony request.