The Transnational Information and Consultation of Employees Regulations 1999, SI 1999/3323 (TICER 1999) impose various obligations on transnational employers to provide information to their employees and to consult with them at a European level about the operation of their business. The obligations are generally imposed on central management. TICER 1999, as amended, is the UK implementation of the recast European Works Council and information and consultation procedure Directive 2009/38/EC. In general, central management in the UK is required to initiate negotiations for the establishment of a European Works Council or an information and consultation procedure where: • a valid request is made by at least 100 employees, or representatives of at least that number of employees, in at least two undertakings or establishments in at least two Members States, or • more than one request is made (on the same or different days) which, when taken together,

Disclaimers and variations A disclaimer is a refusal of a gift under a Will by the beneficiary of that gift. For further information, see Practice Note: Failure of gifts—disclaimer and acceptance. The principle behind the right to disclaim is that a person cannot be compelled to accept a gift: ‘If it turns out that the party to whom the gift is made does not consider it beneficial, the law will certainly, by some mode or other, allow him to renounce or refuse the gift.’ There are no particular formalities for disclaimers but there are certain rules regarding them: • a disclaimer does not have to be made by deed but it is prudent to do so • once a gift has been accepted, it cannot later be disclaimed • a disclaimer

Solicitors In relation to solicitors, a solicitor needs to be authorised to conclude and/or execute a settlement agreement on their client's behalf. Case law suggests that authority must be express, implied or apparent authority. The scope of the solicitor's authority will depend on an objective assessment of the instructions provided. See Watson v Jones. A solicitor should obtain clear instructions from a party regarding the ability to settle and on what terms. Once proceedings have begun, a solicitor has authority to settle on behalf of his client provided that he acts bona fide and not contrary to express negative instructions—see: The authority to compromise:

Almost all claims that may be brought in an employment tribunal derive from a jurisdiction created by statutory provisions. Each such set of statutory provisions will include a provision that prevents the parties (or potential parties) to an employment tribunal claim from reaching an agreement that purports to settle the claim and, in so doing, purports to have the effect of ousting the jurisdiction of the employment tribunal to adjudicate upon the dispute. These provisions are usually referred to as ‘contracting-out provisions’, and they appear in similar form in a wide variety of employment

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. What happens to debts upon bankruptcy? All provable debts are caught by an individual’s bankruptcy. Rule 12.3 of the Insolvency Rules 1986 (IR 1986), SI 1986/1925 states that 'all claims by creditors are provable as debts against the company or, as the case may be, the bankrupt, whether they are present or future, certain or contingent, ascertained or sounding only in damages'. Debts which arise after the making of the bankruptcy order (except for those which have arisen as a result of a liability that existed before the making of the bankruptcy order) are not provable debts, and are therefore not caught by the individual’s bankruptcy. A person who is an undischarged

Offshore workers visa As per UK Visas and Immigration published guidance, persons seeking entry to the UK as offshore workers do not require authorisation to undergo employment, so long as no work is completed on-shore or within UK territorial waters. Note that entry clearance becomes mandatory when a person intends to stay as an offshore worker for more than six months. When this is the case, leave will be granted as a concession to the Immigration Rules, Appendix FM, normally for 12 months. Switching to spouse visa In order to switch to a spouse visa, or in other words, be granted limited leave to remain as a partner, a person must meet certain immigration status requirements. As per the Immigration Rules, Appendix FM, to meet these requirements: ‘E-LTRP.2.1.

There is neither privity of contract nor privity of estate between the head landlord (freeholder) and the undertenant, and so the undertenant is not personally liable for the covenants contained in the head lease (Berney v Moore (1791) 2 Ridg Parl Rep 310 at para [331] (not reported by Lexis®Nexis)). Further, the undertenant has no equity to enforce the provisions of the underlease against the head landlord: Taylor v Gillott. See Commentary: Undertenant's liability to head landlord: Halsbury's Laws of England [117] In order to make provision for some enforceability of covenants between the head landlord and undertenant, the head landlord will often insist on it being a term of the licence to underlet that the undertenant enters into a direct covenant with the head landlord to observe and perform the covenants in the headlease. See Commentary: The landlord's

A bonus issue of shares is the allotment and issue by a company of shares to its existing shareholders, usually on the basis that they are fully paid at the time of issue, without any payment being required by shareholders for those shares because they are paid-up from the company's existing reserves. Under the Companies Act 2006 (CA 2006), it is possible for a company's share premium account, redenomination reserve and capital redemption reserve to be capitalised to fund an issue of fully paid bonus shares. In addition, as it is an issue of new shares, a bonus issue of shares is not caught by the restriction in CA 2006, s 849, which prohibits a company from applying an unrealised profit in paying up any amounts unpaid on its issued shares or debentures. This means, if permitted to do so by its articles of association, a company may capitalise its revaluation reserve or its merger reserve, but arguably not its fair value reserve (as Directive

Adoption of Highway Drainage and its maintenance and repair Section 38 of the Highways Act 1980 (HiA 1980) provides that a Local Highway Authority (LHA) can agree to adopt a highway as a highway maintainable at the public expense once it is dedicated as a highway usually following the construction of the highway to adoptable standards. Normally an agreement under HiA 1980, s 38 is entered into showing the extent of the works to be carried out prior to adoption and this will normally include the highway drainage works. Once the highway is adopted pursuant to HiA 1980, s 38, HiA 1980, s 263 Act applies and the highway, together with the materials and scrapings of it, vests in

See Practice Note: Merger of freehold and leasehold titles—law and land registration procedure. At common law, merger occurs where a lease becomes vested in the owner for the time being of the reversion immediately expectant on the term. This principle is referred to in the case of Barrett v Morgan (which you cited): 'The destruction of the tenancy by surrender reflects the position that a person cannot at the same time be both landlord and tenant of the same premises.' However,

It may be possible for a document to be notarised remotely using a facility such as Docusign; however, this will depend on a number of factors such as: • the type

Where property in England and Wales is jointly-owned, the legal ownership of the property will be held by the joint owners as joint tenants, who will hold the beneficial ownership of the property on trust, ordinarily for themselves. The beneficial ownership can be held either as equitable joint tenants or tenants in common. Legal owners as trustees must act together in dealing with the property. It follows that one joint legal owner cannot lawfully accept an offer to purchase without the consent of the other legal owner, and therefore any instruction given to the estate