The Supreme Court has its own Rules and Practice Directions which replace the Civil, Criminal and Taxation Practice Directions and standing orders of the Appellate Committee of the House of Lords. Supreme Court Rule (SCR) 39(1) provides that: 'All documents filed become the property of the Court and original documents must be retained in the records of the Registry.' SCR Practice Direction (PD) 7.2.5 provides: 'All forms and supporting documents which are filed become the property of the Court.' SCR

This question has been discussed in the case of Google Spain v Agencia Española de Protección de Datos (Google Spain) and also in guidelines subsequently issued by the Article 29 Working Party on the implementation of the Court of Justice of the European Union (CJEU) judgment in Google Spain (WP 225). In Google Spain the CJEU ruled that in order to protect European citizens’ 'right to be forgotten', search engines like Google would be required to censor certain search results. The CJEU was asked to consider the following key questions: • is Google Inc 'established' within the EU for the purposes of the Data Protection Directive 95/46/EC so that it is subject to EU data protection laws when operating Google Search? • if so, do the activities of Google Search amount to the processing of personal data? • if so, is Google Inc. and/or Google Spain the 'data controller' in relation to that processing? • finally, if it is a data controller, do the resulting rights and obligations

A section 146 notice does not have to be in a prescribed form, but it does have to contain prescribed information under section 146(1) of the Law of Property Act 1925: ‘(a) specifying the particular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and (c) in any case, requiring the lessee to make

If the landlord consists of two or more persons, the section 25 notice must be served by all of them (Pearson v Alyo). In that case, a husband and wife were joint proprietors but the section 25 notice was served by the husband only. As per Nourse LJ: ‘I

Section 66 of the Landlord and Tenant Act 1954 (LTA 1954) incorporates into LTA 1954 the regime for service of notices set out in section 23 of the Landlord and Tenant Act 1927 (LTA 1927). The service regime in LTA 1927 is very helpful to the sender. It provides that, if one of the permitted methods of service is used, the risk of non-receipt is on the recipient. It will be

Validity of a section 45 notice under Leasehold Reform, Housing and Urban Development Act 1993 General There is no prescribed form for the counter-notice, but section 45 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) does require the landlord to deal with certain matters. For information on the matters which must be dealt with in the landlord’s counter notice, see Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993. Date and signature Since LRHUDA 1993, s 45 does not impose any requirement that a landlord’s counter notice be in any prescribed form, there is no express requirement that the landlord date and sign a counternotice. Additionally, while

Section 8(4D) of the Housing Act 1988 (HA 1988), states that where a landlord proposes to rely on the conviction HA 1988, Sch 2, Pt I, Ground 7A (Condition 1) then the notice seeking possession must be served on the tenant within— • the period of 12 months beginning with the day of the conviction, or • if there is an

A claim for possession by way of service of a section 8 notice entitles a landlord to obtain possession of residential premises on the grounds set out in Schedule 2 to the Housing Act 1988 (HA 1988). Such a claim can be brought even within the fixed period of a tenancy, unlike proceedings by way of section 21 notice. It is necessary for the landlord to prove that they are entitled to bring proceedings, that the notice is in proper form and has been served, and that the grounds exist as alleged. Some of the grounds for possession give the mandatory right to a possession order; the remaining grounds give rise to a discretion as to whether or not to grant possession. The most commonly used grounds are grounds 8 (arrears of rent of at least eight

The Housing Act 1980 introduced the concept of secure tenancies, which were further reformed by the Housing Act 1985. Until 15 January 1989, housing associations as well as local authorities were able to grant secure tenancies. Secure tenancies grant significant protection to tenants due to the limited grounds on which possession can be obtained by the landlord, as well as granting the right of succession. See Practice Note: Secure tenancies [Archived]. Since the advent of the Housing Act 1988 (HA 1988), housing associations have no longer been able to grant new secured tenancies but

The question of whether secured liabilities may be set off has been unsettled in English law for some time. In Re Norman Holding Co Ltd, the court held that a secured debt was not susceptible to set-off

What date was the charge created? In order for security to be enforceable against certain third parties, such as the administrator, the security must be registered at Companies House. Under section 859A of the Companies Act 2006 (CA 2006), the 'period allowed for delivery' of a registrable charge at Companies House, together with the 'Section 859D statement of particulars' (see Practice Note: How to register security at Companies House), is 21 days beginning with the day after the date of creation of the charge (unless an order allowing an extended period is made under CA 2006, s 859F(3)). CA 2006 contains provisions clarifying the meaning of the 'date of creation of the charge'. A charge is deemed to have been created in accordance with the following rules set out in CA 2006, s 859E(1): Type of Charge Details Deemed date of creation Charge

Section 4(10)(aa) of the Child Support Act 1991 (CSA 1991) provides that where the court has made an order for child maintenance, neither party can make an application to the Child maintenance Service (CMS) for an assessment pursuant to CSA 1991, s 4 for a period of one year after the order was granted. The exception is that if the order for child maintenance was made by the court prior to 3 March 2003, CSA 1991, s 4(10)(aa) does not apply and therefore the parties continue to be unable to apply for a child support maintenance assessment by the CMS even after one year has passed. Save in certain limited circumstances, such as an application for a top up order (CSA 1991, s 8(5)–(10)) or variation of an existing child maintenance