The Trusts (Recognition) Act Gibraltar 1989 incorporated the provisions of the Hague Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition (Convention) into its domestic law. The Convention includes provision for the recognition of the governing law chosen by the settlor of a trust. If

The legatees of an estate are not entitled to receive a distribution whilst the estate is in administration. While the estate is being administered, no beneficiary, whether under the deceased's Will or intestacy, has any proprietary interest in any particular asset comprised in the unadministered estate and the beneficiary's entitlement during that period is the right to require the deceased's estate to be duly

The answer to this question will depend upon the nature of the authority involved. The Town and Country Planning General Regulations 1992, SI 1992/1492 make provision for an interested planning authority to determine planning applications in relation to land it owns, or developing by that authority alone or jointly (Regulation 3). Under Regulation 4, where the development would normally be determined by a different body, this exception will only apply if the interested planning authority intends to carry out the development or do so jointly with others. The provision replaced one that had caused considerable litigation in relation to allegations

For information on the right to a written statement of employment particulars generally, see Practice Note: Written statements of employment particulars. Most regular police officers hold the office of 'constable'. Under common law, a police officer (ie a police constable or a person in a more senior rank) is an officer of the Crown and a public servant. Their powers are exercised by virtue of the

A bigamous marriage will not be recognised in England and Wales and a polygamous marriage will not be recognised save in certain circumstances, which include that the country in which the marriage took place does permit polygamy, as per Part II of the Private International Law (Miscellaneous Provisions) Act 1995 (PIL(MP)A 1995) which states: ‘5. Validity in English law of potentially polygamous marriages. (1) A marriage entered into outside England and Wales between parties neither of whom is already married is not void under the law of England and Wales on the ground that it is entered into under a law which permits

Positive covenants generally do not run with the land but only bind original parties, unless it might be argued the positive covenants are part of a scheme of mutually enforceable benefits

Section 3A(5) of the Inheritance Tax Act 1984 states that: ‘During the period beginning on the date of a potentially exempt transfer and ending immediately before— (a) the seventh anniversary of that date, or (b) if it

Articles of association Before proceeding with any sub-division of shares the company’s articles of association will need to be reviewed to ensure that there is no restriction in doing so. Although it is not necessary to have a specific article allowing a sub-division it is possible to have a restriction. If there is a ban on sub-dividing shares within the articles these will need to be amended by special resolution to remove this restriction. Companies Act 2006 Under section 618 of the Companies Act 2006 (CA 2006): '(1) A limited company having a share capital may— (a) sub-divide its shares, or any of them, into shares of a smaller nominal amount than its existing shares, or (b) consolidate

Co-existence of private rights of way and public highway The Highway Act 1980 (HIA 1980) enables highway authorities to enter agreement with landowners to adopt new highways maintainable at public expense. Under HIA 1980, s 263 every highway maintainable at public expense vests in the highway authority. Our Practice Note: Ownership of highway land links to Halsbury's Laws of England, Vol 55, para 230, where it is explained that: 'The effect of the statutory provisions vesting highways in highway authorities is not to transfer the fee simple absolute in the land to the authority…but merely to vest in the authority the property in the surface of

In answering this Q&A, we have assumed that this Q&A is referring to the position under the proposed Data Protection Bill (the DPB 2017) and the forthcoming General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679. Background The GDPR will become directly applicable and fully enforceable in all EU Member States from 25 May 2018. The GDPR will introduce substantial amendments to data protection law in the UK and Directive 95/46/EC (Data Protection Directive) and Data Protection Act 1998 (DPA 1998) will be replaced. As a regulation, specific implementing legislation is not required to transpose the GDPR into domestic law, although the GDPR does allow Member States to introduce further domestic provisions in a number of areas. In the

A prize promotion which has multiple prize options available to the prize winners is likely to be allowed under the current rules. However, there are several considerations to ensure that such a promotion would not be at risk of breaching the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Rule 8 of the CAP Code concerns promotional marketing and states the rules and requirements promoters must adhere to when administering prize promotions. Rule 8.17 concerns rules in relation to the communication of the significant conditions of prize promotions. ‘Significant conditions’ are any conditions or information that, if omitted, would be likely to mislead a consumer. This includes any conditions that consumers need to be able to make an

This Q&A has assumed that: • for the purposes of the question, 'advertise for a games console', means promoting a prize to win a games console • the prize promotion is not an illegal lottery under the Gambling Act 2005 (GA 2005) Prize promoters are permitted to promote a prize promotion to win a product at events, including gaming conferences or beer festivals, provided they comply with the relevant provisions of GA 2005, any applicable codes of practice, and the self-regulatory requirements of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), in particular section 8 on Promotional marketing. For the purposes of the CAP Code, rule 8.2 requires that promoters must conduct their promotions equitably,