It has not been indicated in the above facts the jurisdiction in which the personal injury was suffered. Matters will be relatively straightforward if the employee suffered an injury during a domestic UK flight, as any claim for personal injury arising in respect of the same can be brought against the airline under English law. Further, if the employee was outside of United Kingdom air space at the time of suffering the personal injury, a claim may be brought against the employer providing that the employee was employed by a company based in the UK at the time, or if the employer had a registered office or place of business located in the UK. In both of these scenarios, a claim for personal injury against the employer will be no different to any other form of claim for an accident at work. Montreal Convention The difficulty arises if the individual was not employed by a UK company and the accident occurred outside

This Q&A considers generally applicable law and assumes that the relevant service/sector is not subject to specific laws, regulations, codes of conduct or the like (eg legal advice). The limits on the ability of a supplier of services to exclude liability, in the particular context where part of those services is advice, which is actually given by a third party have been considered. This Q&A only looks at what is possible for a supplier (S) to exclude, and not what S must do in order to achieve such exclusion. Fraudulent advice is also not considered. Potential liability Generally, a contract for the supply of services will include an implied term as to reasonable

The relevant legislation is section 66A of the Consumer Credit Act 1974 (CCA 1974). It was inserted by the Consumer Credit (EU Directive) Regulations 2010, SI 2010/1010 to comply with the obligation to implement the Directive 2008/48/EC (Consumer Credit Directive). Originally, nothing was to be provided for as regards the consequences of withdrawing from a hire-purchase agreement (probably because most other EU Member States do not use hire-purchase as a means of providing consumer credit). The leading trade association for the hire-purchase industry raised the issue of, what about the car? In an attempt to deal with this, it was provided in CCA 1974, s 66A(11) that if the hirer withdraws from the agreement and then pays all the credit provided and interest

Privity of contract 'Privity of contract' is a common law doctrine, which provides that you cannot either enforce the benefit of, or be liable for any obligation under a contract to which you are not a party. Therefore, if your client is not a party to a contract (ie they are a third party) then they cannot sue or be sued under that contract. For further information, see Practice Note: Third party rights—the common law doctrine of privity of contract. Options to recover money as a creditor The fact that a company is insolvent and so unable to pay its debts as and when they fall due as defined by section 123 of the Insolvency Act 1986 means that there is usually only a limited pot of money available for all creditors, and unsecured creditors may inevitably end up with little or no return. For more

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 apply to contracts for the sale and supply of goods, services and digital content to consumers, alongside other consumer protection legislation. For more information, see Practice Note: Distance, doorstep and on-premises sales. CCR 2013, SI 2013/3134 apply to contracts between a trader and consumer (as defined) for the sale of goods, services and digital content, falling within the following categories: • on-premises contracts—being contracts other than off-premises or distance contracts (eg contracts concluded at the trader’s shop) • off-premises (or ‘doorstep’) contracts—concluded outside of a trader’s business premises (eg at the consumer’s home or workplace) • distance contracts—concluded using distance communication (eg via telephone, internet, mail order, fax etc) The rights available to consumers and the obligations on traders under CCR 2013, SI 2013/3134 depend upon

For the purposes of this Q&A we have focused solely on the law under the UK’s Data Protection Act 1998 (DPA 1998) as regulated by the Information Commissioner’s Office (ICO). Please note that: • the General Data Protection Regulation (GDPR) will introduce substantial amendments to data protection law and will replace the current DPA 1998 and the current Directive 95/46/EC (the Data Protection Directive). The GDPR will be directly applicable and fully enforceable in all EU Member States from 25 May 2018. For further information, see Practice Note: Introduction to the EU GDPR and UK GDPR. • we have not commented on liabilities which may arise

In responding to this Q&A, we have assumed the reference is to judgments that have been entered into the register of judgments, administration orders, fines and tribunal decisions. The register of judgments, administration orders, fines and tribunal decisions Any of the following judgments (subject to some exceptions) must be registered in the Register of Judgments, Orders and Fines: • High Court judgments • County Court judgments • County Court administration orders and orders to restrict them • magistrates’ court fines • every tribunal decision or award made by the First-tier Tribunal, the Upper Tribunal, an employment tribunal, or the Employment Appeal Tribunal in pursuance of which a sum of money is payable For further guidance, see Commentary: The right of appeal in a road transport case and general procedure: Atkin’s Court Forms (40(2)) [125] and the Register of Judgments, Orders and Fines Regulations 2005 (RJOF 2005),

Obtaining a charging order A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. For a summary of the process for obtaining a charging order, see Practice Note: Pre-6 April 2016—charging orders—what are they and when to use them [Archived] and Obtaining a charging order—flowchart. Judgment debt payable in full Assuming that the judgment debt is not specified to be payable by instalments by way of an 'instalments order' (ie if there is just a straightforward judgment for payment of the whole amount of the debt, which will be payable within 14 days of the order

Literary executors A grant of probate to a literary executor is one of the forms of limited grant that a court can make. Under section 113 of the Senior Courts Act 1981, a limited grant can be issued to deal with any part of the deceased's estate. The literary executor will be responsible for dealing with matters such as the published and unpublished works of the deceased, copyright and other intellectual property, royalties and film rights and any other matter forming part of the deceased's literary estate. The general executors appointed under the Will will deal with all other matters relating to the estate. The general executors under A's Will and B as the literary executor make separate applications for probate. The literary grant of probate will be expressed to be 'limited

Jointly-owned property is often treated, for inheritance tax (IHT) purposes, as giving rise to a discount on the valuation as a result of the principle that an individual share is worth less than the whole. This treatment is separate to the various reliefs, such as business property relief, available against IHT. For tax purposes, the valuation of an interest in a business carried on as a partnership is by reference to the appropriate share of each asset, having regard to the partnership deed or the provisions of the Partnership Act 1890: see IRC v Gray. As

When property is owned by persons as joint tenants (rather than tenants in common) the share of a deceased joint tenant passes on death to the survivor(s) irrespective of the contents of the deceased’s Will or how the rest of their estate passes on intestacy. The

Practice Note: Intestacy—priority to apply for grant—Q&As, at the section titled 'Where one administrator dies after the grant has issued leaving surviving administrators', explains that where two surviving relatives (say B and C) take a grant of letters of administration together and B dies after the grant has been issued, C will continue as the sole surviving administrator of A's estate. No new grant is required. Under section 114(2) of the Senior Courts Act 1981 (SCA 1981), where a minor has an interest in the estate or there is a beneficiary with an interest in possession in the estate, any grant of letters of administration is to be made either to a trust corporation or to not less than two individuals, unless it appears to the court to be expedient in all the circumstances to appoint an individual