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PRECEDENTS
Key information Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Insert, eg Board] Role type [Insert, eg Full-time/Part-time/Contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length of probation period [Insert] End of probation review date [Insert date] Role summary • To lead and direct the Finance department
FLOWCHARTS
Under Assimilated Regulation (EU) 2016/679, the General Data Protection Regulation (UK GDPR), certain organisations are required to appoint an individual to act as their data protection officer (DPO). The appointment can be internal, eg an employee of the organisation, or external, eg a consultant under a service contract. This DPO appointment decision tree will help you determine whether your organisation needs to appoint a DPO under the requirements of the UK GDPR. If your organisation has operations in jurisdictions outside the UK, you will also need to check whether local law or regulations require you to appoint a DPO in any of those jurisdictions. For more information on the
Q&As
This Q&A considers a tenant who is in a tenancy in common with another tenant, who petitions for bankruptcy after exchange and before the completion of a sale of the property that the two tenants own. It looks at the first tenant’s liability to the buyer and his or her recourse against the other tenant in common if the buyer serves a notice to complete. In relation to contractual liability, this will depend on the terms of the contract. For example, where the sellers are jointly and severally liable, the non-defaulting party would also be liable to the buyers. For
Q&As
This Q&A assumes that the mortgage is a legal mortgage; and that the mortgagee has taken no steps to enforce the possession order or to enforce a power of sale. The remedies available to a mortgagee (ie the lender) in the event of default by the mortgagor (ie the borrower) include the right to enforce possession against the mortgagor, and to sell the property. While usually exercised in conjunction, they remain distinct remedies. In theory, a mortgagee can sell a mortgaged property without first obtaining possession of it. However, most purchasers will insist on vacant possession, and so any mortgagee selling without first having obtained vacant possession would risk breaching the contract
NEWS
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions, including the Online Procedure Rule Committee (OPRC) launching its new webpage and the Supreme Court decision in RTI Ltd v MUR Shipping BV (non-contractual performance); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
PRECEDENTS
Please read the following important terms and conditions before you buy any digital content from us and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a repair or a replacement. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back. If you can show the fault has damaged your device and we haven’t used reasonable care
PRECEDENTS
[To be typed on headed notepaper of transferee] [Date] Dear [name of employee] [ [As you know, ] [ [with OR With] effect from today OR [on OR On] [insert date]] the[ part of the] business of [insert name of transferor] in which you are employed was transferred to us. OR [As you know, ] [ [with OR With] effect from today OR [on OR On] [insert date]] the contract to provide [specify type] services to [insert name of client] on which you worked was transferred to us. OR [As
Q&As
Immigration Rules, Appendix Skilled Worker, paragraph SW 18.2(b) confirms that a grant of permission under the Skilled Worker route will be subject to several conditions, including that ‘work is permitted only in the job the applicant is being sponsored for’. The definition of ‘work’ is found in Immigration Rules, Introduction, para 6.2(b): ‘“Work” has the same meaning as “Employment”, except that work does not include being party to an employment contract but not working “Employment” is defined as follows in the same paragraph (our emphasis in bold): “Employment” includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self-employment
Q&As
The transitional rules for stamp duty land tax (SDLT) are set out in Schedule 19 to the Finance Act 2003 (FA 2003) (SDLT: Commencement and Transitional Provisions). The rules are detailed and complex. A transaction is not an SDLT transaction unless the effective date of the transaction is on or after the implementation date of 1 December 2003. The effective date of a transaction is usually completion but there are special SDLT rules which apply where a contract for a land transaction is entered into and the transaction
Q&As
Assumptions: • the land in question is in England and that the occupier does not have some other prior right in the land, eg a prior lease • the tenant does not enter into a tenancy at will and the terms of their occupation are not limited to a licence with the landlord retaining control Paragraph 12A of Schedule 17A to the Finance Act 2003 (FA 2003) applies where an agreement for a lease is entered into and the agreement is substantially performed without having been completed. Substantial performance is defined in FA 2003, s 44 and includes where the purchaser under the contract takes possession of the whole, or substantially
Q&As
The execution of documents by overseas companies is governed by the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 (OC(EDRC)R 2009), SI 2009/1917. These regulations apply (with modifications) to those provisions in the Companies Act 2006 (CA 2006) relating to company contracts and the formalities of doing business in the UK to companies incorporated outside the UK. The methods of execution (of a contract or a deed) under OC(EDRC)R 2009 include: • execution in any manner permitted by
Q&As
Under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer cannot make any deductions from the wages of a worker unless: • the deduction is required or authorised to be made by virtue of: ◦ a statutory provision, eg the requirement to make deductions for income tax or National Insurance contributions via Pay As You Earn (PAYE), or ◦ a relevant provision of the worker's contract, eg where the employer provides a loan to the worker and has a contractual right to take money out of the worker’s wages in repayment, or • the worker has previously signified in writing his agreement or consent to the deduction (eg in respect of pension contributions) Separately,