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,

This Q&A outlines key issues to bear in mind when considering whether property investment arrangements constitute a collective investment scheme (CIS). What is a CIS and do property investment schemes fall within the definition? A collective investment scheme (CIS) is defined in section 235 of the Financial Services and Markets Act 2000. Broadly speaking, a CIS is any arrangement: • which enables participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property, • where participants do not have day-to-day control over the management of the property, and • where either the contributions and profits or income are pooled, or the property is managed as a whole by or on behalf of the scheme operator, or both. Whether or not a property investment arrangement is a CIS depends on its individual structure and the facts surrounding it. If the arrangement meets the conditions set out below and is not exempt, then its operation and promotion will likely come under Financial Conduct Authority (FCA) regulation. If

The law of passing off can protect addresses or property names provided goodwill has attached to that name or address. While customers may need more education from a trader to treat its address or property name as a mark (rather than just a correspondence address), there is nothing in principle precluding someone trading under the mark ‘Rosewood Cottage’

There does not appear to be a specific authority on this point. Maintenance of a highway Section 41 of the Highways Act 1980 (HIA 1980) provides that the highway authority is under a duty to maintain the highway. It is the duty of the highway authority to maintain the road in such a state of repair as to be passable in safety at all seasons of the year. See Practice Note: The duty to maintain the highway. Highways that are maintainable at the public expense are further defined by HIA 1980, s 6. You may also find the attached Lexis+® UK Local Government Practice Note: Statutory adoption of highways—maintenance responsibility useful on this point. Definition of highway The definition in the HIA 1980 covers any road, street, path, pavement, passage or right of way over which there is a public right of access. HIA 1980, s 328 states that a highway is the whole or any part of