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Q&As
The general position when an agent contracts on behalf of a principal is that the principal can sue and be sued on the contract. Where the principal is not disclosed to the third party, the undisclosed principal can sue and be sued on a contract even if their existence is undisclosed, except where the terms of the contract confine the contract to the signing parties, ie the agent and the third party. In Gregor Fisken Ltd v Bernard Carl, the Court of Appeal held that where a person signs a contract with no qualification as to the capacity in which they sign, they will be a party to the contract
Q&As
For detailed guidance on sections 27C–27Y of the Employment Rights Act 1996 (ERA 1996), inserted by the Employment (Allocation of Tips) Act 2023 (E(AT)A 2023), see Practice Note: Allocating tips, gratuities and service charges to workers. See also Precedent: Policy—tips, gratuities and service charges. ERA 1996, ss 27C–27Y apply to ‘qualifying tips, gratuities and services charges’, which ERA 1996, s 27C defines as: • employer-received tips, and • worker-received tips that are subject to employer control or connected with any other worker-received tips that are subject to employer control An ‘employer-received tip’ is an amount paid by a customer of an employer by way of a tip, gratuity or service charge (however described) which: • is received upon its payment or subsequently by the employer or an associated person, or • is received upon
Q&As
CPR 36.16 deals with disclosure of the existence and terms of Part 36 offers, which are a distinct form of offer relating to the settlement of civil proceedings. A Part 36 offer which complies with the requirements of CPR 36.5 is treated as being 'without prejudice save as to costs' (CPR 36.16(1)) and the trial judge must
Q&As
For information on Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) generally, see Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers and The UK GDPR and DPA 2018: lawful processing of personal data in employment. Data controllers and processors Regulation (EU) 2016/679, GDPR imposes certain obligations on both data controllers and data processors. A ‘controller’ determines the purposes and means of processing personal data. A ‘processor’ processes personal data on behalf of the controller. Further GDPR provisions relating to processors can be found in Recitals 81 to 83 and in
Q&As
As to the submission of a claim, the information that must be included on the claim form (failing which the tribunal must reject it) includes, among other things: • each respondent’s name • each respondent’s address Once a claim has been successfully presented to, and accepted by, the employment tribunal, it will send to each respondent: • a copy of the claim form • a prescribed response form (ET3) • a notice which includes information on: ◦ whether any part of the claim has been rejected, and ◦ how
Q&As
In general terms, if the tenant was not holding over prior to the grant of the backdated renewal lease, then the rent expressed to be payable for a period before the grant of the lease should be taxed as a premium, regardless of whether the term commencement date pre-dates
Q&As
On an assignment of a lease (that is not treated as a grant of a new lease under paragraph 27 of Schedule 19 Pt 1 to the Land and Buildings Transaction Tax (Scotland) Act 2013 (LBTT(S)A 2013), the assignee has an obligation to make a return and pay any land buildings transaction tax (LBTT) due where the chargeable consideration for the assignment means that the assignment is notifiable within LBTT(S)A 2013, s 30—for these purposes the assumption of the obligation to pay the rent does not count as chargeable consideration
Q&As
Conditions regulating settlement agreements In order for a settlement agreement to be binding and valid to settle statutory employment claims, it must comply with certain conditions regulating settlement. One such condition is that the employee or worker must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement, in particular as to its effect on their ability to pursue their rights before a tribunal (see, for example, section 203(3)(c) of the Employment Rights Act 1996). Only advice on the terms and effect of the settlement agreement is required in order for the settlement agreement to be valid (McWilliam v Glasgow City Council), however most individuals seeking advice on a settlement agreement will expect to be advised more broadly on the terms of settlement. The scope of such
Q&As
In summary, the remainder interest falls into residue and will pass to the beneficiary of the residue, subject to what is stated below. The gift to the trustees under the Will is a form of specific legacy and it is assumed that the gift was fully constituted, thereby creating a valid trust. The contingency attached to the gift of the remainder interest does not affect the initial validity of the trust. As the remainder
NEWS
The Institute for Government (IfG) has published an analysis of the government's December 2024 local government finance settlement, which allocates more funding to deprived areas. The analysis indicates a 3.5% real-terms increase in core spending power for 2025/26, with the most deprived councils receiving increases of up to 6.4%, compared to 3% for the least deprived. This is largely due to a new £600m 'Recovery grant'. However, the IfG notes that this single year's allocation cannot fully rectify over a decade of funding disparities, emphasising that it will take years to completely rebalance local authority finances. The most deprived councils have experienced a 20.1% real-terms funding cut from 2010/11 to 2024/25, which will only marginally improve to 15.3% by 2025/26 under the new settlement. While the settlement is seen as a positive step, the IfG highlights that rising costs, such as increases in National Insurance contributions and the National Living Wage, may counteract these gains. The government has also announced a consultation on further funding reforms for 2026/27 onwards, with the IfG concluding that these changes represent the beginning of efforts to address the local government finance crisis.
NEWS
The Institute for Government (IfG) has published commentary examining progress in the UK-EU relationship reset. The report looks at developments following the May 2025 ‘Common Understanding’, including the extension of EU data adequacy decisions to 2031 and the UK’s reassociation with the Erasmus+ scheme, plus commitments to conclude negotiations on the common sanitary and phytosanitary area, youth experience scheme, and Emissions Trading System (ETS) linkage by the next UK-EU summit, as well as the start of negotiations on UK participation in the EU electricity market. While noting that EU enthusiasm for deeper economic relationships with the UK remains unclear, the analysis examines further proposals under consideration by the government, including Swiss-style selective single market alignment. Having accepted the principle of dynamic alignment, for which the government is reported to be planning new implementing legislation, the analysis warns that the government will need to confine its scope.
NEWS
The Institute for Government (IfG) has published analysis of the challenges surrounding the establishment of the statutory inquiry into grooming gangs announced in June 2025. The analysis identifies key procedural and constitutional lessons for the design and management of public inquiries, particularly in contexts involving sensitive subject matter and competing stakeholder expectations.