Section 9 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) gives the court power to bring in to the net estate all or part of the value of the deceased’s unsevered share in property which was held by them as a beneficial joint tenant immediately prior to their death. The bringing in to account of the value of the interest is done to facilitate an order for financial provision.  I(PFD)A 1975, s 9 sets out: ‘(1) Where a deceased person was immediately before his death beneficially entitled to a joint tenancy of any property, then, if. . .an application is made for an order under section

This Q&A raises the status of a judgment in default for the purposes of section 281(3) of the Insolvency Act 1986 (IA 1986) and whether a fraudulent misrepresentation claim is a claim in fraud. If it is within IA 1986, s 281(3), does the creditor need to take any steps to preserve his position following the bankruptcy? There is relatively little authority on IA 1986, s 281(3). A default judgment gives rise to a limited estoppel. As, per Lord Maugham L.C. in New Brunswick Railway Co. v British and French Trust Corporation: ‘The true principle in such a case would seem to be that the defendant is estopped from setting up in a subsequent action a defence which was necessarily, and with complete precision, decided by the previous judgment; in other words, by the res

For information on jury service generally, see the section of Practice Note: Time off work for public duties entitled Jury service. For the purposes of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, ‘working time’ is defined as: • any period during which the worker is working, at their employer’s disposal and

Chapter II of Water Resources Act 1991 (WRA 1991) sets out the: • powers of entry for enforcement purposes • power of entry for certain works purposes • power to carry out surveys and to search for water, and • powers of entry for other purposes In respect of these powers, WRA 1991, Sch 20, para 6(1) provides that: ‘6 (1) Where any person exercises any power to which this Schedule applies, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of— (a) the exercise by the designated

In answering this Q&A we have limited our research to cover the Consumer Rights Act 2015 (CRA 2015) (and guidance under it), the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 and the UK Code on Advertising, Direct Marketing and Sales Promotions (CAP Code). We have not looked at the data protection/confidentiality issues that may arise when submitting a photo. Consumer Rights Act 2015 and unfair trading protections The business should make it clear that

The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), SI 2015/596, Sch 2 Pt 16 provides deemed planning permission (subject to exceptions and conditions) for certain development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by that operator or in accordance with the electronic communications code, including the installation, alteration or replacement of any electronic communications apparatus. GPDO, SI 2015/596,

If a contract is a 'construction contract' under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), the parties to that contract will be bound by the provisions of HGCRA 1996 in relation to payment (including a right to suspend for non-payment), and will have the right to refer disputes to adjudication at any time (see Practice Notes: Introduction to the HGCRA 1996 and What is a construction contract under the HGCRA 1996?). HGCRA, s 104, defines a 'construction contract' as an agreement to: • carry out construction operations • to arrange for the carrying out of construction operations by others (whether under a sub-contract or otherwise) • to provide labour (either personally or through others) for the carrying out of construction operations Agreements

How are law firms vulnerable to attack? Cyber-attacks are indiscriminate, affecting both large and small firms. The primary risk is that information that the firm holds about itself, clients and third parties can be vulnerable to attack. Examples of this information include: • client lists • strategic client information • financial information • payment and transactional information A breach of security may be subtle and caused by one of the following: • phishing

At common law the burden of a covenant cannot run (ie so as to bind successive owners or occupiers) with freehold land in any circumstances. However, in some circumstances, the burden of a covenant may be enforced against a successor in title to the original covenantor in equity. The requirements are that: • the covenant is negative or restrictive in nature • the covenant was entered into for the benefit of ascertainable retained land of the

Immigration status will not inherently be deemed special category data under Assimilated Regulation (EU) 2016/679 (UK GDPR). Under Article 9(1) of UK GDPR, special category data is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual

This Q&A is in the context of a business-to-business contract which is not otherwise regulated and that there are no statutory requirements that prescribe the form of the notice. A 'notices' clause provides the means by which parties to a contract formally communicate with each other under the contract. The inclusion of a notices clause in a commercial agreement allows the parties to provide for an agreed means of sending formal notices to one another rather than rely on statutory provisions which may otherwise apply, see Practice Note: Notices—commercial contracts under Statutory provisions for a list of provisions which may apply in the absence of a contractual provision. Notices