This Q&A assumes that: • this query relates to shared parental leave and pay on birth, rather than adoption • the employee is the mother, rather than the father or partner, of the child For information on shared parental leave (ShPL) and shared parental pay (ShPP) on birth generally, see Practice Notes: Shared parental leave (birth) and Shared parental pay (birth). Eligibility conditions for ShPP on birth vary depending on whether the employee in question is the mother of the child, or the father or partner. This response considers the mother’s right to ShPP on birth, but similar considerations are likely to apply for the father or partner. For detailed information on the conditions that apply in relation to the father or partner, see the sections of Practice Note: Shared parental pay (birth) entitled ‘Eligibility conditions for the father or partner’ and ‘Notification and evidential requirements for the father or partner’. Mother’s eligibility for ShPP Under the Statutory

The short answer is that there is no requirement to obtain ATE insurance if a CFA has been entered into. A solicitor is entitled to act for a client under a CFA even if they know, or suspect, they will be unable to pay costs if unsuccessful; the costs being

The executors of an estate have a duty to safeguard and maintain the property being gifted to a specific beneficiary until it is transferred to them. As personal representatives, executors are required under section 25 of the Administration of Estates Act 1925 to collect and administer the deceased's estate according to the law. This includes ensuring the property is preserved and managed appropriately during the administration

This Q&A considers the interpretation of a force majeure clause in a business-to-business contract which is governed by the law of England and Wales. We have selected the following case law which may assist in understanding the approach of the courts to construing the words ‘beyond the reasonable control (of a party)’, in the context of force majeure. Great Elephant Corporation v Trafigura Beheer BV was a case involving a chain of contracts for the sale of Nigerian crude oil. The ship chartered to carry the oil, the Crudesky, was unexpectedly detained by Nigerian authorities due to a decision by the seller’s agent, Total, to commence loading of the ship in breach of certain guidelines. The delay caused loss to the ultimate buyer of the oil who sought to recover damages from the seller. In turn, the seller argued that the events were beyond its reasonable control. Among other relevant provisions in the contract was the following clause: 'Neither

Although the courts accept that service of proceedings for possession is an election by the lessor to treat the lease as forfeited as at the date of service, there also appears to be an acceptance that in order for the ‘act’ of forfeiture to take place in circumstances where a claim has been issued, there needs to be a determination by the courts, and that in the absence of that determination, the lease will be considered to have been fully restored retrospectively, ie as at the date of service of proceedings We set out some of the case law that has considered the effect that a dismissal/discontinuance of an action has on the status of a lease. The cases also establish that an application for relief is not required in those circumstances. In Hynes v Twinsectra, the landlord sought to argue that the mere institution of the earlier forfeiture

Websites and emails are now used extensively to conduct business. Legislation in both the EU and the UK seeks to ensure a technologically neutral environment in which to conduct business. Trading disclosures Where a website is the medium through which goods or services (or both) are ordered and contracts are concluded, it is essential that the website itself is legally compliant and makes the appropriate trading disclosures to ensure that those dealing with the company are informed of its: • legal identity • limited liability status • address where documents may be served, and • the locations at which company records may be inspected Companies must ensure that mandatory company information is in a form that may be read by the naked eye on

For the purpose of section 30(2) of the Landlord and Tenant Act 1954 (LTA 1954) (which provides for the so-called five-year rule applicable to ground (g)), 'the termination

Pursuant to the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 22: A party may give notice of the withdrawal of its case or a part of it: • orally at a hearing, or • by sending or delivering a written notice of withdrawal to the First-tier Tribunal (FTT) The notice of withdrawal will only take effect if

Sale of Goods Act 1979 (SGA 1979)—implied terms SGA 1979 contains detailed provisions about contracts for the sale of goods, including the formalities of the contract, transfer of title, performance and remedies. See: Sale and supply of goods—overview and Practice Note: Contracts for the sale and supply of goods—business to business. The implied terms referred to in the question are contained in SGA 1979, Pt II and include the following: • time—unless a different intention appears from the term of the contract, stipulations as to the time of payment are not of the essence in a contract for the sale of goods: SGA 1979, s 10

Withdrawing the pre-action admission One option available to defend a claim based on contributory negligence having admitted liability in full pre-action is to withdraw the pre-action admission. Assuming the claim was governed by the personal injury claims pre-action protocol or another of the pre-action protocols listed at CPR PD 14, para 1.1(2), a pre-action admission can be withdrawn before the commencement of proceedings if the person to whom the admission was made agrees. If proceedings have been commenced, the pre-action admission can be withdrawn if all the parties to the proceedings consent or with the permission of the court. Where the parties do not consent, the party who made the pre-action admission may apply to withdraw it under CPR 14.1A(4)(b).

It is the grant of planning permission which is the actual planning permission. Any subsequent grant of reserved matters is not a planning permission. The starting point is that, once planning permission is granted, the development which it authorises must take place in accordance with the conditions it imposes, including any plans referred to in conditions, and any associated legal agreements. For further information, see Practice Note: Planning conditions—key points. Government guidance: Use of planning conditions in the National Planning Policy Framework (NPPG) also assists: 'Can conditions be used to require the applicant to submit further details after permission has been granted? For non-outline applications, other than where it will clearly assist with the efficient and

Information disclosed within financial remedy proceedings The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, reg 29.12(1) provides that: ‘Except as provided by this rule or by any other rule or Practice Direction, no document filed or lodged in the court office shall be open to inspection by any person without the permission of the court, and no copy of any such document shall be taken by, or issued to, any person without such permission.’ This confidentiality covers not only documents filed within proceedings that pertain directly to the matters in issue but also to documents that were arguably irrelevant. However, while a party cannot simply disclose documents filed within financial remedy proceedings to any third party, it is open to the court to make an order for disclosure of documents filed within proceedings ‘as it thinks fit’ pursuant to FPR 2010, SI 2010/2955,