The area of interaction between the common law of landlord and tenant, estoppel and statutory security of tenure contains some fine distinctions and requires careful consideration of the facts of any case. First, the doctrine of estoppel may not be invoked to render valid a transaction which the legislature has, on grounds of general public policy—enacted is to be invalid, or to give the court a jurisdiction which is denied to it by statute. A similar principle applies to contracts; and, a party cannot achieve by estoppel what they could not achieve by express agreement to the same effect (Daejan Properties Ltd v Mahoney). Secondly, a tenancy may arise by the operation of estoppel in several ways: • where parties have entered into the relationship of landlord

We have assumed that: • the deed is a deed of participation to join a master trust pension scheme. The employer is the party which has already signed, and the master trust provider and trustee have not yet signed • the employer has signed via an authorised signatory and witness • the execution blocks for the master trust provider and trustee provide for signature by via an authorised signatory and witness, but the two remaining parties wish to each execute the deed by signature of each one director and company secretary • the parties that have not executed the documentation are duly authorised to execute the documentation in this manner Under section 44 of

This Q&A has assumed that the query relates to an ‘employment business’ as defined in the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations 2003), SI 2003/3319. For a full analysis of the legislation regulating the private recruitment industry, including the Employment Agencies Act 1973 (EAA 1973) and the Conduct Regulations 2003, SI 2003/3319, see Practice Note: Employment agencies and employment businesses. This Q&A assumes

We refer you to Practice Note: Forfeiture rule, which explains the forfeiture rule, its application and the circumstances in which it may be modified. The forfeiture rule is a rule of public policy, which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing. It doesn’t matter whether the benefit is acquired by Will or through intestacy. Where a donee is proved to be guilty of the murder or manslaughter of the testator or of any other serious criminal act that resulted in the death of the testator in England and Wales, the Estates of Deceased Persons (Forfeiture Rule and Law of Succession)

In English law, all real property is held in two ways: legally and beneficially. The legal ownership of a property is, in simple terms, whose name it is in (though different provisions can apply in respect of unregistered property). The legal owners however will hold the beneficial ownership of the property on trust for the beneficial owners. These will usually be the same persons, but not in all circumstances. The legal owners will always hold the title as ‘joint tenants’ (ie each joint owner owns the whole, and on the death of one, the interest will pass automatically to the remaining joint tenants by way of survivorship) but the beneficial owners may hold as equitable joint tenants or alternatively as tenants in common (meaning they have defined shares). In this scenario, the equitable ownership is by way of tenants in common.

The appointment of a new trustee of a trust of land triggers as a result of section 4(1)(aa)(i) of the Land Registration Act 2002 (LRA 2002) compulsory registration of an unregistered freehold estate or of an unregistered leasehold estate which has more than seven years to run (being a qualifying estate for the purposes of the LRA 2002). These amendments to the LRA 2002 were introduced effective from 6 April 2009, the stated purpose being to increase the coverage of the Land Registry by expanding the category of triggers for first registration. LRA 2002, s 6 requires

It is a requirement for non-dwellings to have an energy performance certificates (EPCs) on construction, sale or rent, which must be produced by an accredited non-domestic energy assessor, and which must be provided free of charge to a prospective buyer at the earliest opportunity and at the time of the sale. The purpose of the EPC is to provide information about the energy performance of the building as well as advice on improving that performance, and is required to provide various

The ‘reasonable recipient test’ was established in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd, which concerned a break notice. The court held that where any contractual conditions in relation to the notice are satisfied (which is a separate test), an error would not invalidate the notice, if a reasonable recipient, with knowledge of the context, would understand the meaning the notice intended to convey. In Pease v Carter, the Court of Appeal clarified that the Mannai reasonable recipient test applies to statutory notices. It was necessary to consider whether the statutory requirements were satisfied, which involved considering the purpose of those requirements. Pease v Carter concerned a Notice served pursuant to section 8 of the Housing Act 1988 (HA 1988) in November 2018 stating that possession proceedings would

See Practice Note: What is credit and when is a credit agreement regulated? In particular, we refer you to the sections 'Meaning of credit under the CCA 1974 and RAO', 'Regulated consumer credit agreements defined' and 'Exempt consumer credit agreements'. As can be seen from the section headed 'Meaning of credit under the CCA 1974 and RAO', for a consumer credit activity to be regulated, it has to relate to 'credit', section 9(1) of the Consumer Credit Act 1974 (CCA 1974), and Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO), SI 2001/544, art 60L define

There are two forms of passing off (original and extended). Your question sits under the original 'classical trinity' form as laid down in Reckitt v Borden (the 'Jif Lemon' case) which requires the claimant to establish that: • its goods and services have acquired goodwill • there has been a misrepresentation by the defendant which leads consumers into thinking that goods/services offered by the defendant are those of the claimant • and damage has resulted or is likely to result Questions regarding confusion usually comes under the misrepresentation (second) element of the trinity. A misrepresentation is a false representation that deceives the public into thinking that the defendant (or its goods or services) are, or are in some way connected to the claimant. The representation must be false to be actionable. The misrepresentation must be a material one (ie it influences, or is likely to influence, the actions of those to whom it is directed), creating a real

The term ‘transition or implementation period’ is used in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement) to refer to the period during which the transitional arrangements in the Withdrawal Agreement apply. These transitional arrangements are set out in Part Four of the Withdrawal Agreement and are intended to govern the relationship between the UK and the EU for a specific time-limited period after exit day (11 pm on 31 January 2020). The Withdrawal Agreement refers to this period as the ‘transition period’. The UK government prefers the term ‘implementation period’ and this is reflected in the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020), which implements the Withdrawal Agreement in UK law. Although the UK and the EU prefer to use different terms, they refer to the same period, hence Article 126 of the Withdrawal Agreement refers initially to the ‘transition or implementation period’.

Assuming that the seller is a taxable person (eg is registered for VAT in the UK), the condition relating to the registration of the buyer for transfer of a going concern (TOGC) treatment requires that 'the transferee is already, or immediately becomes as a result of the transfer, a taxable person'. A taxable person is defined as a person who is, or is required to be, registered for VAT under the Value Added Tax Act 1994 (VATA 1994). As explained in Practice Note: VAT—what is a transfer of a business