When A and B enter into a covenant controlling the use of freehold land owned by (or to be transferred to) B for the benefit of land retained or held by A, as a matter of contract it is directly enforceable. Where however either A or B transfers the interest in the respective plots of land, it is only if the rules relevant to the enforceability of freehold covenants in equity are satisfied that the covenant can be enforced. If A (as original covenantee) has transferred the interest in the benefitted land to C, then C can only enforce the covenant if it can be shown that it benefits that land and that the benefit of the covenant has been assigned. This latter requirement will usually occur automatically as a result of section 78 of the Law of Property Act 1925 (LPA 1925). If B

An assured shorthold tenancy (AST) may provide for a contractual rate of interest to be applied to sums owed by the tenant to the landlord. A tenancy agreement is a contract and the starting point therefore is that the provision in respect of interest in the AST is binding as between the parties and should be applied by the court to any money judgment (such as for arrears of rent). However, the Tenant Fees Act 2019 (TFA 2019) (as well as various other statutes, such as the Housing Act 1988 (HA 1988) which overrides any provisions that relate to the taking of possession or the giving of notice in a manner not prohibited by HA 1988) imposes certain prohibitions in respect of terms of the tenancy

You may wish to consider the employment status of an individual supplying services through a personal service company (PSC) separately, depending on whether determining status is for the purposes of employment rights, and for tax purposes. Although HMRC takes a similar approach to the employment tribunals in determining employment status, they may well reach different conclusions on the same facts. The fact that an individual is regarded as self-employed for tax purposes does not mean that they will not be regarded as an employee for unfair dismissal or redundancy purposes. For further information, see Practice Note: Employee status—Employee status for tax purposes. There are two ways in which the individual may establish employment rights against the client company: • in the absence of any express agreement between them, by proving to the court that there is an implied contract between the client company and the individual • by satisfying the eligibility requirements of

The basic rule is set out in section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934. This provides: ‘Subject to the provisions of this section, on the death of any person...all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of his estate...’ There are various express exceptions for matters like defamation, but these are of no relevance to the situation here. The other exception that applies, notwithstanding the wide wording of the section, is for contracts of a personal nature (ie contracts involving personal skill, taste or confidence), such as a contract of service, to perform at a concert or to paint a picture. Such contracts could only be performed by the deceased personally and cannot be performed by their personal representatives on the deceased’s behalf. Another way of analysing the situation with regard to these

For further information about sick pay, generally, see Practice Note: Sick pay. There is a statutory entitlement for all employees, subject to certain exceptions, to receive statutory sick pay (SSP) from their employers, under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992). The essential qualification requirements for SPP are that an employee must: • be an employee as defined and not fall within one of the excluded categories • be too ill to undertake any work under their contract of employment on any day for which they claim SSP, or be deemed to be so • have at least four consecutive days' sick absence (including Sundays and Bank holidays) during which they are too ill to work; this is referred to

We do not have a specific article on this Q&A. However, we direct you to: About this title—authors, overview: Encyclopaedia of Forms and Precedents, which gives a useful and general introduction to guarantees and indemnities as well as a comprehensive collection of forms and precedents both of a commercial and personal nature. With particular reference to this Q&A, there may be different considerations whether you are dealing with the giver or taker of the guarantee. Patently in the case of the taker the capacity of the giver will be of prime importance. In respect of capacity, the commentaries: Capacity to contract: Encyclopaedia of Forms and Precedents [32] and Liability of person suffering from a mental disorder under a guarantee: Encyclopaedia of Forms and Precedents [34] from the Encyclopaedia of Forms and Precedents may be of assistance. We assume for the purposes of answering this Q&A that the donor has

When it comes to the question of who is liable in tort for the fraudulent/dishonest acts of an employee (and assuming that, aside from any potential criminal liability, the employee has been guilty of a tort towards the person injured), the employee as tortfeasor will be liable, and the employer may also be liable if it can be established that the employee, in committing the tort, acted within the scope of their authority or employment. Where a tort has been committed—employee liability As a general rule, an employee who commits a tort is liable in damages to the person injured, and his liability is not affected by the existence of a contract of employment or, where he commits the tort in the course of his employment and within the scope of his authority, by the existence of

Mediation is a process by which an independent qualified mediator works with a couple to help them come to a mutual agreement. One of the main features of mediation is a distinction drawn between financial information (which is open) and negotiations (which are without prejudice). This is to enable options to be explored freely without concern that the discussions may be used in any court proceedings. The open information can be commuted into the court process if the mediation breaks down to avoid the duplication of costs. If parties decide they wish to be engaged in the mediation process, and the mediator agrees that it is suitable, the parties will then go through the agreement to mediate (see Precedent: Agreement to mediate: BFLS 6E [21004]) and everybody will sign it—this is a contract

For the purposes of this Q&A, a Tier 4 migrant in question is an agency worker as defined in regulation 3 of the Agency Workers Regulations 2010, SI 2010/93. The Practice Note: Illegal working—civil and criminal sanctions notes that ‘(f)or the purposes of illegal working legislation, employment is considered to be any employment relationship that is under a contract of service or apprenticeship, whether expressed or implied and whether oral or written’. Since the Tier 4 migrant is not an employee, the civil and criminal penalties that exists under the Immigration, Asylum and Nationality Act 2006 would not apply. However, as outlined in the Practice Note: Right to work checks and illegal working: problem areas and practical tips under the heading

Under section 5(2) of the Housing Act 1988 (HA 1988), upon the expiry of a fixed-term assured shorthold tenancy (AST), a periodic tenancy arises on the same terms and conditions. This does not apply if the tenancy comes to an end by order of the court or surrender or other action on the part of the tenant. It is assumed for the purpose of this Q&A that HA 1988, s 5(2) applies to this tenancy. However, if that is not the case and the tenancy has been varied, the guarantee may have been released. A guarantee can be lost where changes are made (expressly or by conduct) to the underlying contract, unless the guarantor consents, or

A majority shareholder in a company has limited options under English law to force a minority shareholder to transfer their shares: they must rely on the statutory mechanism of squeeze-out or a scheme of arrangement to effect the transfer or, in a worst-case scenario, resort to liquidating the company. For this reason, a majority shareholder in a company will typically contract with any minority shareholders to gain these rights, using suitably drafted shareholders’ agreements and/or bespoke articles of association. This Q&A assumes that no shares in the company in question are publicly traded. Squeeze-out: compulsory acquisition of shares under the Companies Act 2006 Where a proposed buyer makes a takeover offer (as defined in sections 974–976 of the Companies Act 2006 (CA 2006)) for shares in a company, CA 2006 provides the buyer with a right to acquire the shares held by those minority shareholders who have not accepted the offer (known

Key information Name of firm Name of role holder Reports to Role type[full-time/part-time/contractor] If a contractor role, length of contract Primary location Remote/hybrid/office-based? Date role commenced Length of probation period End of probation review date Role summary • To plan and implement the firm’s diversity and inclusion (D&I) strategy and policy. • To ensure compliance with all regulatory and legislative D&I requirements. • To maximise engagement of all employees in D&I. • To build strong working relationships with all departmental managers. • [[Insert any additional role requirements specific to your firm].] Key responsibilities • Working with the management team to build a diverse workplace with an inclusive culture. • Creating and implementing a D&I strategy, policy and processes. • Setting