In general all persons, whether of full age and capacity or not, are competent to receive gifts. For these

The general position is that a liquidator acts as an agent on behalf of the company and does not stand in the shoes of the company and the company assets do not vest in them (see Re Regent Finance & Guarantee (not reported by LexisNexis®)). For further reading, see Practice Note: Role, powers, functions and duties of a liquidator. Ordinarily an auditor would be instructed by the company and therefore any duty of care would be to the company, rather than an individual director or

The Claimant and Litigation Friend are required to attend a hearing unless there is a good reason why either one or both should not be required to attend. We refer you to the extract from Butterworths PI Litigation Service, which states: ‘Applications for approval will be heard by a master or district

It is assumed that this query relates to a below-threshold public procurement exercise using the light touch regime (LTR) under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Voluntary transparency notice A voluntary transparency notice may be used by a contracting authority where a public contract has been awarded without prior publication of a contract notice in accordance with PCR 2015, SI 2015/102, Pt 2 (ie a direct award). A contracting authority may opt to publish a voluntary transparency notice in these circumstances in order to prevent or resist a legal challenge on grounds of ineffectiveness under PCR 2015, SI 2015/102, reg 99(2). PCR 2015, SI 2015/102, reg 99(3) provides that the ground of ineffectiveness (for lack of advertisement) will not apply if the contracting authority: • considers the contract award (without prior publication of a contract notice) was permitted under PCR 2015, SI 2015/102, Pt 2 • publishes a voluntary

Under section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be: • in writing • clear on its face that it is intended to be a deed • executed and • delivered While a contract takes effect upon execution, a deed takes effect immediately upon delivery and therefore does not necessarily coincide with the execution date. Delivery means, in essence, that the parties intend to be bound by the deed. Requirements

The general rule is that the authority of an agent is revocable by the principal who originally conferred that authority, even if it is agreed in the contract that the authority is ‘irrevocable’. The revocation by the principal of the contract is effective to terminate the agent’s authority, but can give rise to a claim for damages. The main exception to the general rule is the case where the agent has a relevant interest of his own in the exercise of his authority. This exception applies if two conditions are satisfied. First, there must be an agreement that

This Q&A considers the obligations of a local authority when maintaining a list of assets of community value (ACVs), and the restrictions on a landowner when they wish to dispose of an ACV. District and Borough Councils have a statutory obligation to maintain a list of ACVs in their administrative area pursuant to section 87(1) of the Localism Act 2011 (LA 2011). This obligation to maintain the list also includes an obligation to remove ACVs from the list as soon as practicable when certain circumstances occur (regulation 2 of the Assets of Community Value (England) Regulations 2012, (ACV Regulations) SI 2012/2421). These circumstances are: • when an appeal against a listing has been successful • when the council forms the opinion that the land or building are no longer of community value • after a relevant disposal

A contract for the sale of land, or of any interest in land, is void unless it complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). It must: • be in writing • contain or incorporate all of the terms

When a development is liable to a CIL contribution, there is an obligation upon the developer to notify the relevant authority of the commencement of work. Whether there is also an obligation upon the developer to notify the relevant authority of the commencement of work under a section 106 agreement (pursuant to section 106 of the Town and Country Planning Act 1990 (TCPA 1990) will depend on the particular obligations of that agreement. In relation to CIL contributions the obligation and consequences of failure to comply are governed by regulation 67 of the Community Infrastructure Levy Regulations 2010 (CILR 2010), SI 2010/948. Under this a developer has to notify a charging

Failure by a local planning authority to deliver a replacement local plan Development plans are required under section 19(1B)–(1E) of the Planning and Compulsory Purchase Act 2004 (PCPA 2004) (as amended). The plan-making framework is set out in Part 3 of the National Planning Policy Framework (2019). If a local planning authority (LPA) fails to deliver a replacement local plan (LP) by its due date, there will likely be no legal consequence. LPAs can and do default on such obligations. This could be because of a lack of resources, for example. However, in an extreme case, the Secretary of State (SoS) does have

For guidance on staying proceedings and related costs and interests accrued, we refer you to Q&A: Are you permitted to recover costs under the CPR which were incurred during a stay of proceedings? Is there any practical difference between a 'stay' of proceedings and 'adjournment' of case management? Wave Lending Ltd v Batra, in which the defendant sought to restore an additional (Part 20) claim around six years after it had been stayed sine die (ie with no date for resumption), is an interesting judgment as it: • drew the distinction

We have focused on sections 108–110 of the Digital Economy Act 2017 (DEA 2017) and sections 132–133 of the draft: Data Protection Bill 2017 (DPB 2017) for the purposes of this Q&A. Part III of the Data Protection Act 1998 (DPA 1998) requires data controllers who process personal data to register their processing with the Information Commissioner for the purposes of the register maintained by the Information Commissioner’s Office (ICO). Data controllers wishing to register are required to pay a fee. For more information, see Data Protection (Notification and Notification Fees) Regulations 2000, SI 2000/188 and guidance from the Information Commissioner. Forthcoming changes From 25 May 2018, the General Data Protection