The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 do not address the issue of electronic signatures directly, although CPR are clear on the point, with CPR 5.3 providing that: ‘Where any of these rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.’ Where that applies, CPR PD 5A, para 1 requires that the name of the person whose signature is printed must be set out clearly along with the signature so that the person may be identified (save

Both insolvency practitioners (IPs) and solicitors are members of professions that are governed by separate ethics codes. Both IPs and solicitors, before accepting an appointment or an instruction, should carry out documented procedures to ensure that there would not be a conflict of interest or breach of their ethics code in accepting the appointment or instruction. The question does not specify whether the conflict concerned would be for the solicitor or the IP and although both issues are considered, this answer deals primarily with the IP and whether the IP would have a conflict of interest. The insolvency ethics code sets out a framework approach that is to be followed in all cases to establish whether there is a conflict of interest. The IP should first of all assess whether there are any threats to the fundamental principles of integrity, objectivity, professional competence and due care, confidentiality and professional behaviour that are required

For an overview of the key considerations in a redundancy situation, particularly in relation to fair redundancy procedures, see: Redundancy—overview. When dealing with a redundancy situation, one of the first things for the employer to consider is whether it needs to consult collectively with staff (or appropriate representatives) or on an individual basis only. Where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within any period of 90 days or less, the employer has statutory obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) to inform and consult with employee representatives (collective consultation obligations), and notify the Secretary of State, before redundancies are made. For further information: • on when the statutory consultation obligations are triggered, see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations • on the statutory consultation obligations themselves, see Practice Note: Collective redundancy—statutory information and consultation obligations The consequences

HMRC has provided specific guidance on this issue in relation to company share option plans (CSOPs) and save as you earn schemes (SAYE). This confirms that it may in principle be acceptable for CSOP and SAYE schemes to include a provision which allows for shares acquired on an option exercise to be

STOP PRESS: This Q&A considers the position in relation to Rule 36 as in force prior to 6 April 2015. Civil Procedure Rule Part 36 deals with the rules around making a Part 36 offer. A valid Part 36 offer does not need to be set out in a letter; a party may instead use form N242A. The offer must: • be in writing—this includes email, but only where there has been express confirmation that email communications will be accepted by the other side • state its consequences—on its face it must state that it is intended to have the consequences of Part 36. Note: it is not essential to refer in

Unfortunately, we are unable to answer this query as it would require us to provide legal advice in relation to the scenario. However, we refer you to the below that may assist with your research. In public procurement procedures, the subject matter of a public contract is defined by reference to technical specifications. The contract award criteria, employed when evaluating tenders, must relate to the subject matter. There is ample scope under the procurement rules to specify requirements in output and/or outcome terms, which is widely regarded as good practice particularly when drafting contracts for the provision

An employer may, depending on the circumstances, consider an electronic recording to be desirable, such as: • if there is a factual dispute as to the circumstances giving rise to the hearing, and the employer thinks an electronic record of the meeting would assist in ‘setting the record straight’ • if the employer considers that, on balance, an electronic recording will facilitate the process in terms of speed and/or accuracy, or • if the employee has a disability that makes it difficult for them to take a written note of the meeting/recall the proceedings (and allowing a recording of the meeting would be a reasonable adjustment) Usually the question of whether or not an internal work-related meeting should be recorded arises when an employee has requested permission to do so. From an employee’s point of view, he or she might want to make an electronic recording of a meeting if, for example, they feel they

An applicant under Appendix FM under a five-year route to settlement as a partner, parent or dependent child must provide evidence that there will be adequate accommodation in the UK, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household. This must be accommodation which the family own or which they occupy exclusively. It should be noted that accommodation will not be regarded as adequate if: • it is, or will be, overcrowded; or • it contravenes public health regulations To ‘occupy exclusively’ does not require that the family live

It has been assumed that the applicant is either a non-visa national or is not, but has been issued with a multiple entry visitor visa that has not yet expired. Practice Note: Visitor (standard): procedure states the following under the heading ‘Entry clearance applications—Long-term (multiple entry) visit visas’ (with our emphasis in bold): Long-term visitor visas allow unlimited entries during the period of their validity, however, the visitor must meet the requirements for entry as a visitor (standard) on each occasion that they seek leave to enter the UK at the border. In particular, the pattern of visits should not lead to the person making the UK their main home or workplace due to frequent or successive visits. For further

EPC requirement Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, reg 27 provides that a landlord must not let substandard (ie with an EPC rating of ‘F’ or ‘G’) NDPR property unless: • 'relevant energy efficiency improvements' are undertaken (MEES Regs 2015, SI 2015/962, reg 29), or • one of the exemptions (consent, devaluation or temporary exemptions) applies The EPC Regs 2012, SI 2012/3118, reg 6 provide that a prospective landlord (or seller) must make an EPC available to a prospective tenant (or buyer) free of charge at the earliest opportunity. Tenant’s covenant to comply with statutory obligations It is not an implied term of a lease that tenants must comply with statutory obligations; an express term needs to be included in that respect. The usual lease covenant

False representation under the Fraud Act 2006 Fraud by false representation is an offence under section 2 of the Fraud Act 2006 (FrA 2006). The elements of the offence are that the defendant: • made • a false representation • dishonestly • knowing that the representation was or might be untrue or misleading • with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss A representation may be express or implied. It can be stated in words or communicated by conduct, and there is no limitation on the way in which the representation must be expressed. The

A 'private hire vehicle' is defined in section 80 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976) as 'a motor vehicle constructed or adapted to seat fewer than nine passengers…which is provided for hire for the purpose of carrying passengers'. A 'hackney carriage' is a vehicle which is licensed to 'ply for hire', that is to provide a taxi service and wait on taxi ranks for customers. Outside of London, the LG(MP)A 1976 governs the licensing of private hire vehicles, whereas in London the Private Hire Vehicles (London) Act