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Q&As
Depending on the circumstances of the filming and the content of the broadcast, the following legal issues may be of particular relevance: • privacy/misuse of private information • defamation • criminal proceedings and reporting restrictions • public performances and advertising • data protection Privacy and misuse of private information For images captured in a public place where there can be no reasonable expectation of privacy, a TV company/photographer does not need the permission of any individuals (regardless of age) who appear in that image in order to publish it. Conversely, it is not permissible to publish images which depict a private act, or images captured on private land where the owner prohibits photography. For further guidance on what constitutes a reasonable expectation of privacy and privacy claims generally, see: • Lexis® Information Law subtopic: Privacy and misuse of private information—overview, which includes a Practice Note on Privacy law—misuse of private information; • Duncan and Neill on Defamation (fifth
Q&As
It is possible for a Tier 2 (General) migrant to hold shares in the company which sponsors them, although they will be prohibited from owning more than 10% of shares in their sponsor’s company unless they are a ‘high earner’ (earning £159,600 or more annually). From a practical perspective, it could be argued that this is a crude rule. Compare, for example, amendments to the 'sole representative of an overseas business' rules in 2020 (see: Statement of Changes in Immigration Rules, CP 232), which introduced a more refined requirement
Q&As
The position under immigration law: The rules in respect of Tier 2 extension applications can be found at Immigration Rules, Part 6A, Para 245HD. It states as follows: ‘…(f) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 79D of Appendix A. (g) If applying as a Tier 2 (Minister of Religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92A of Appendix A. (h) If applying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.’ In respect of Tier 2 (General) migrants, Immigration Rules, Appendix A, para 77C states: ‘A Certificate of Sponsorship reference number will only be considered to be valid if: (a) the number supplied
Q&As
Original question: Can we enforce an interim US court order for seizure of product in the courts of England and Wales?. Enforcement of the order The English common law rules on enforcement deal with judgments. While they in apply to US judgments, they require the US judgment to be final and conclusive ie it must definitely determine the dispute between the parties. This means that judgments for injunctive relief or interim awards that might be rescinded or varied by the US court will not be enforceable at common law. See: Q 6 in GTDT UK: Enforcement of foreign judgments—United Kingdom—Q&A guide and Practice Note: Enforcing foreign judgments—common law principles. There is no bilateral treaty between the US and
Q&As
A person who is registered for VAT in the UK may be deregistered (ie, their VAT registration may be cancelled) on a compulsory or voluntary basis. The rules on deregistration vary depending on the reason the person was VAT registered in the first place. Broadly, a person will be VAT registered because they make: • taxable supplies in the UK • distance sales (where a business in a different EU Member State sells goods to non-business consumers in the UK) • acquisitions of goods from VAT-registered suppliers in other EU member states (these are known as relevant acquisitions), and/or • certain disposals of assets for which a VAT repayment
Q&As
There is no rule requiring an attesting witness to have ‘mental capacity’ as such. (Section 14 of the Wills Act 1837 refers to a witness not having to be ‘competent’, but that is thought to refer to the old rules of evidence governing competence to be a witness, rather than mental capacity.) Mental capacity is time and transaction specific. Indeed, a minor (child) can act as an attesting witness: Wilson v Beddard (1841) 12 Sim 28 (not reported by LexisNexis®). However, an attesting witness must be able to carry out the essential function of witnessing – being both
Q&As
The requirements for a valid Will in accordance with Wills Act 1837, s 9 (as amended by the Administration of Justice Act 1982) are set out in the Lexis®PSL Practice Note: Validity of Wills—form of Will. A Will is not automatically invalid if the pages aren’t securely fastened together. Having said this,
Q&As
Revocation of Wills A Will can be revoked in three ways: • the execution of a subsequent Will • destruction of the Will (see Blyth v Sykes ), or • marriage of the testator See Practice Note: Revocation of Will. Section 18(1) of the Wills Act 1837 (WA 1837) provides that a Will shall be revoked by the testator’s marriage. However, if the Will is made ‘in contemplation of marriage’ it will not be revoked if the requisite conditions are met. This was extended to civil partnerships by amendments and additions to WA 1837 under the Civil Partnership Act 2004. See Practice Note: Revocation of Will by marriage or civil partnership. Wills in contemplation of marriage The requisite conditions in respect of marriage (WA 1837, s 18(3)) and civil partnership (WA 1837, s 18B(3)) are as follows: • the
Q&As
The Will was made in England. It is assumed that it was made by a testator domiciled in England and Wales covering their worldwide estate. Section 18 of the Wills Act 1837 (WA 1837), which states that a Will is revoked by the testator’s marriage unless specific exceptions apply. See Practice Note: Revocation of Wills, see main heading: Voluntary revocation of Wills, which sets out: For Wills made on or after 1 January 1983, WA 1837, s 18 (as substituted by section 18 of the Administration of Justice Act 1982) provides that a Will shall be revoked by the testator's marriage. This rule is subject to
Q&As
Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any gift to the former spouse in the Will is to be treated as if the former spouse had died at the date of the divorce. There is an exception to this rule where a contrary intention appears in the Will. Hence, any gift to be made to the soon to be former spouse must be worded clearly to demonstrate the testator’s intention that it is to apply even after the divorce. See Practice Note: Revocation of Wills and Revocation, republication and revival of Wills—overview. WA 1837, s 18 also provides that a Will is automatically revoked on marriage. This may be relevant if the testator intends to remarry. Wills made before
Q&As
The definition of ‘motor vehicle’ in the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005) CNEA 2005, s 3 creates a criminal offence of leaving vehicles parked within 500 metres of each other on a road or roads where they being advertised for sale: '(1)   A person is guilty of an offence if at any time— (a)   he leaves two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or (b)   he causes two or more motor vehicles to be so left.' CNEA 2005, s 3 stipulates that the definition of ‘motor vehicle’ for the purposes of the offence in section 3 is adopted from the Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978): '(4)   In this section— ...“motor” vehicle has the same meaning as in the Refuse Disposal (Amenity) Act 1978 (c 3)' RD(A)A
Q&As
An LPA receiver is a person appointed by a mortgagee or by the court whose role is to collect income from (such as rent) and protect property over which they have been appointed. They are not concerned with the question of whether interest or default interest is payable by the company to the bank pursuant to the loan documentation. For further information, see Practice Notes: Receivership—an introductory guide and Receivers appointed by statute, including LPA receivers which you may find useful. Default interest Facility agreements will provide for default interest to be payable on late payments. Default interest is calculated