In some cases, a client will be unable to attend their solicitor's offices to sign a conditional fee agreement (CFA) eg in personal injury disputes. It is important to be aware of the unwelcome impact that the following regulations may have in such cases: • Cancellation of Contracts Made in a Consumer's Home or Place of Work Etcetera Regulations 2008 (Cancellation Regulations 2008), SI 2008/1816 • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Consumer Contracts Regulations

Regulation 122 of the Community Infrastructure Levy Regulations 2010, SI 2010/948 (the CIL Regulations) states that a planning obligation may only constitute a reason for granting planning permission if the obligation is necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind to the development. A CIL Regulation 122 compliance statement is a statement made by a local planning authority (LPA) intending to enter into a planning obligation under section 106 of the Town and Country Planning Act 1990 (TCPA 1990),

Dispositions of land involving charities Part 7 of the Charities Act 2011 (CA 2011) makes provision in relation to dispositions of land involving charities. CA 2011, s 117 provides that no land which is held by or in trust for a charity is to be disposed of without an order of the court or the Charity Commission. However, CA 2011 provides for numerous exceptions to this rule. CA 2011, ss 119–21 contain other restrictions on dispositions of land involving charities, which vary according to the nature of the disposition (for example, in the case of the granting of a lease, according to the length of the term of the lease). CA 2011, s 122(1) and 122(2) provide that a ‘conveyance, transfer, lease or other instrument effecting a disposition’ of land held by or in trust for a charity must state certain

Practice Note: How to complete a data protection impact assessment—DPIA sets out when a DPIA is required. DPIA required A DPIA is compulsory in the case of: • a systematic and extensive evaluation of personal aspects relating to natural persons, based on automated processing (including profiling) on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect them • processing on a large scale of sensitive (special category) personal data or personal data relating to criminal convictions and offences • systematic monitoring of a publicly accessible area on a large scale Where none of these apply, the General Data Protection Regulation (GDPR) requires a DPIA where processing operations, in particular using new technologies, are likely to result in a high risk to the rights and freedoms of individuals. The Information Commissioner’s Office (ICO) is required by Article 35(4) to publish a list of the kind of processing operations that are likely to be high risk and

Regulatory Reform (Fire Safety) Order 2005 The requirement for a Fire Risk Assessment primarily arises from the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541, and particularly SI 2005/1541, art 9. The relevant parts of SI 2005/1541 do not apply to domestic premises including premises let out to groups of unrelated persons under joint tenancies. However, where premises are split into flats or rooms that are let separately, SI 2005/1541 does apply to any part of the premises used in common by the occupants of more than one of the flats or rooms. These are known as the ‘common parts’ and include areas such as hallways, stairways, entrance halls and laundry rooms. While SI 2005/1541 still does not apply to areas inside individual flats, it does not mean that any Fire Risk Assessment does not need to consider those areas at all. For example, it may be that the characteristics of those flats or their occupants have an effect on the requirements for a communal alarm system or

Although a First-tier Tax Tribunal (FTT) decision is binding on the parties to the particular case in respect of which the decision is made, it does not set a precedent for other cases. This means that an FTT decision does not need to be followed by:

Article 37 of Retained Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) requires a data controller or processor to appoint a data protection officer (DPO) where any of the following apply: • the processing is carried out by a public authority or body, other than a court acting in its judicial capacity • the core activities of the controller or processor consist of: ◦ processing operations which, by virtue of their nature, scope and/or purposes, require regular and systematic monitoring of data subjects on a large scale, or ◦ processing on a large scale of special categories of data (ie sensitive

We are not aware of any authority as to whether or not a Landlord and Tenant Act 1954 (LTA 1954) simple declaration can be returned with an electronic signature. However, we have set out below some further reading to assist in research in this area. The form of the simple declaration is prescribed and set out in the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (RRO 2003), SI 2003/3096, Sch 2, para 7 and may be used if the landlord's warning notice has been served at least 14 days before the lease or agreement

In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ). To counterclaim against a person other than the claimant, the defendant has to apply

There is no reference in CPR 36 to the small claims track. This is because once a claim is allocated to that track it is not possible to make a Part 36 offer—see CPR 27.2(1)(g). For further information

A Power of Attorney (POA) is an example of an agent’s express actual authority to act on behalf of a principal (see Practice Note: Forming enforceable contracts—agent's authority to contract).  A POA is construed strictly by the courts, according to well-recognised rules, regard first being had to any recitals which, showing the general object, control the general terms in the operative part of the

Acquiring the right to manage The Commonhold and Leasehold Reform Act 2002 (CLRA 2002) makes provision for tenants of certain premises to create a right to manage company and to acquire the right to manage the premises. CLRA 2002, s 79 requires a right to manage company (RTM company) to give notice of the claim. The right to manage company must comprise a specified amount of qualifying tenants within the subject premises (the term ‘qualifying tenants’ is defined in CLRA 2002, s 75). The composition of the right to manage company CLRA 2002, s 79(4) provides that where there are only two qualifying tenants within the premises, both must be members of the RTM company. CLRA 2002, s 79(5) provides