The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect of residential conveyancing. It has been in place since 2011 and is intended to provide a minimum expected standard among accredited registered conveyors. The Law Society also publishes a Conveyancing Protocol (Protocol), which is mandatory for members of CQS, and sets out what is expected in the conveyancing process. The Protocol makes reference, in terms of fees, to the Law Society’s guidance in this regard. Fees must be transparent and details of the charging

Intended to frighten or intimidate

This Q&A is concerned with a claim form which has been issued in the Commercial Court without particulars of claim. The defendant needs to decide whether to dispute the court’s jurisdiction or defend the action when they acknowledge service of the claim, but says they cannot do so without seeing the particulars of claim. The question is how the defendant can obtain sufficient information for those purposes before the deadline for filing the acknowledgment of service. This position arises from the particular rules applicable to the Commercial Court. In order to dispute the court’s jurisdiction, the defendant must: • file an acknowledgement of service in accordance with CPR 10, and • issue an application for an order declaring that it has no jurisdiction or should not exercise any

What are the consequences if the employer fails to appoint an engineer? The precise consequences of the Employer’s failure to appoint an Engineer are likely to depend on the particular circumstances and the impact of that failure on the Contractor. For example, where the Employer’s default, ie the failure to appoint an Engineer, causes the Contractor delays, then the Contractor may be entitled to an extension of time, following the procedure in clause 20 of the FIDIC 2017 contract. The Contractor would need to be able to demonstrate how the Employer’s failure to appoint an Engineer, or the

This Q&A assumes that, the overseas business has no UK trading presence and is not trading in the UK at the date of application. There is no instruction as to what activities a Global Business Mobility (GBM)-UK Expansion Worker can or should be doing in the UK in the Immigration Rules, beyond the indicative tasks shown in the relevant occupation code for the role (see Practice Note: Sponsoring a UK Expansion Worker—Appropriate skill level—20 points). It is a temporary route, and there are no specific criteria only for extensions (which may otherwise assist in this context). It is only possible to stay in the route for a maximum of two years (one year and then a further year on extension, although they will not be able to extend if the UK entity is already trading). Unlike other sponsored worker routes, a UK Expansion Worker sponsor licence cannot be renewed

Section 193(1) of the Licensing Act 2003 (LA 2003), contains ‘other definitions’ used in the Act, which defines the words ‘working day’ as meaning: ‘any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971.’ We were unable to identify case law concerning the computation of days for the giving of notice of a hearing, so the following is no more than the author’s view, which might not secure judicial approval if the question

There is no general obligation in the UK to obtain personal data when providing guest wi-fi access. A provider of wi-fi access should give careful consideration to data protection and with respect

The definition of a consumer under UK law remains primarily governed by the Consumer Rights Act 2015 (CRA 2015). CRA 2015, s 2(3) defines a consumer as: 'an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.’ The same definition is reflected in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, regulation 4. This is, for the most part, also reflected in section 225(3) of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) save that the words ‘trade’ ‘craft’ and ‘profession’ have been omitted. Under CRA 2015, a person is not a consumer in relation to a sales contract if the goods are second-hand goods sold at a public auction and individuals have the opportunity to attend the sale in person, except for the purposes of certain requirements under CRA 2015 relating to information provided about the goods and the delivery of, and risk in, the goods. Individual CRA 2015 does not include a definition of 'individual'. However, the

Unlike the more modern regime provided for by the Licensing Act 2003 (LA 2003) and the accompanying regulations in relation to alcohol, entertainment and late night refreshment licensing, the Zoo Licensing Act 1981 (ZLA 1981) does not clearly express what procedures are to be followed in relation to the determination of any issue. Although neither provides any guidance as to what is meant by ‘an opportunity to be heard’, as to the general interpretation of ZLA 1981, practitioners should have regard to the following government guidance: • Zoo Licensing Act 1981—Guide to the Act’s provisions (published 2012) • Secretary of State’s Standards of Modern Zoo Practice (published 2012) Despite there not being a statutory definition as to what parliament intended ‘an opportunity to be heard’ to mean, and its meaning being of fundamental importance to the principles of fair and transparent decision-making required by the rules of natural justice and

Claim for dilapidations A claim for dilapidations brought by a landlord is a claim in damages where there are items in disrepair which the tenants are required to rectify, or pay to have repaired, under repairing covenants in their lease. In order for the landlord to be successful in a claim for dilapidations, the item in disrepair must be one which the tenant is obliged to remedy under the terms of the lease. The landlord must also show that the cost claimed for the work to fix the dilapidations is reasonable and that there is no intention substantially to alter the premises in such a way that the work to fix the dilapidations becomes valueless. In addition, the landlord will need to demonstrate that rent has been lost because

The Partnership Act 1890 (PA 1890) provides that subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner (PA 1890, s 33(1)). As there is only one surviving partner, the partnership cannot continue and it will be dissolved as from the date of the partner’s death. PA 1890, s 20(1) provides that all property and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm, or for the purposes and in the course of the partnership business, is ‘partnership property’ and must be held

This Q&A assumes that an assessment has already been made to confirm that a partnership does, in fact, exist in accordance with the definition with section 1 of the Partnership Act 1890 (PA 1890) (‘Partnership is the relation which subsists between persons carrying on a business in common with a view of profit’). Where a partnership exists but there is no partnership agreement, the default provisions of PA 1890 and the common law will apply to and govern a partnership. PA 1890 and common law state (among other things) that in the absence of an agreement to the contrary: • all partners share in the profits of the partnership equally • a partner in a partnership