The Building Act 1984 (BA 1984) provides that breach of a duty imposed by building regulations, so far as it causes damage, is actionable. In other words, it imposes civil liability on parties who fail to comply with the requirements of building regulations. BA 1984, s 38 is not in force. While

The common law doctrine of privity of contract means that a person who is not a party to it cannot, as a general rule, take the benefit of rights or be bound by obligations arising under it. The distinction between a mere contractual relationship and an estate or interest in land is that the rights created under the former are rights in personam whereas the rights created under the latter are rights in rem. A right in personam is enforceable against certain specified parties only, generally the parties to the contract which creates the rights in question, whereas a right in rem is enforceable against the whole world. Thus, the rights of a lessee of land are enforceable not only against the lessor with whom there is privity of contract, but also against the successors in title of the lessor who

At the end of the Brexit implementation period (IP completion day), and in the absence of any agreement between the UK and the EU to the contrary, the UK will no longer be treated as an EEA State but will be treated as a third country by the EU. An issuer which has published a prospectus under the onshored UK Prospectus Regulation (UK Prospectus Regulation), will not be able to ‘passport’ its prospectus into the EU. The Prospectus Regulation (EU) 2017/1129 contains provisions under which a prospectus drawn up in accordance with the laws of a third country could be approved by an EEA competent authority for public offers in the EEA or the admission of securities to trading on an EU regulated market if the EU determines that the prospectus regime in the third country is equivalent to the EU prospectus regime. EU Prospectus Regulation equivalence framework Article 29 of the Prospectus Regulation contains

ARCHIVED: 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end. From IP completion day, the UK cannot actively participate in the European Arrest Warrant (EAW) because EAWs are only available to Member States. Instead,

MLex: The UK’s financial watchdog said this week that the insurance industry has misled customers with confusing policy wording, charged excessive costs, and often provided poor treatment to those making claims. Nevertheless, the Financial Conduct Authority (FCA) decided not to take any further action beyond reaching out to firms privately. Consumer groups are disappointed by the regulator’s response, but financial services experts say it could be trying to avoid hindering growth.

A lease of commercial premises granted before the Landlord and Tenant Act 1954 (LTA 1954) came into force will have the protection of the LTA 1954, if it satisfies the criteria set out in LTA 1954, s 23, even if the lease was granted prior to 1954. The LTA 1954 does not expressly state that it will apply to leases granted before it came into force. However, LTA 1954, s 23 states that part 2

Under section 75 of the Equality Act 2010 (EqA 2010), a maternity equality rule is implied into all occupational pension schemes, with the effect that time when members are on maternity leave must be treated in the same way as time when they are not on maternity leave. The definition of ‘occupational pension scheme’ for these purposes is set out in section 1 of the Pension Schemes Act 1993 (PSA 1993) (via EqA 2010, s 212(1)). The definition comprises a

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972) addresses the recovery of maintenance where the parties live in different countries. MO(RE)A 1972 contains two key parts. MO(RE)A 1972, Pt I specifically focuses on the recovery of maintenance between countries defined as ‘reciprocating countries’. Reciprocating countries have agreed that a maintenance order made in one country may be registered and enforced in another country without the need to initiate court proceedings. An application for a maintenance order to be sent

The Privacy Shield As explained in Practice Notes: The Privacy Shield [Archived] and UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V (Transfers of personal data to third countries or international organisations) of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), prohibits controllers and processors in EEA member states from transferring personal data to any territory outside the EEA unless the conditions laid out in Chapter V are complied with. On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law. As explained further in Practice Note: Brexit—implications for data protection [Archived], during this implementation period, the GDPR applies in the UK and the UK generally continues to be treated as an EU (and EEA) state for EEA and UK data

As you will be aware, Rights Community Action's application for judicial review of the introduction of the statutory instruments made in July 2020 bringing into force extensive changes to permitted

International contracts A contract may be considered international if the parties are based, or hold significant assets, in different jurisdictions, or if any of the parties' obligations are to be performed in different jurisdictions. International contracts will require consideration of further issues in addition to general commercial contract considerations. One major issue is that of the governing law of a contract (also known as the applicable law). For all commercial contracts concluded on or after 17 December 2009, courts in UK will apply Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) to determine the law applicable to contractual obligations. For information on the impact of Brexit on Rome I, see Practice Note: Brexit—applicable law [Archived]. Applicable (or governing) law of the contract As freedom is a fundamental cornerstone of the system of conflict of laws for contractual obligation, parties in international contracts have the freedom to choose the applicable law to govern

Status of the Government Legal Department The Government Legal Department (GLD) (which was called the Treasury Solicitor’s Department until 1 April 2015) is classified by Cabinet Office as both a non-ministerial department and an executive agency (although the annual report does not say of which department)—see TSol's 2013–4 annual report at p 29 and Practice Note: ‘Arm’s length bodies’: non-departmental public bodies, executive agencies and non-ministerial departments generally. While it is part of government, it is not itself a traditional government department headed by a minister, although as it is an executive agency it is part of such a department. Qualified persons (FIA 2000, s 36) Section 36(5) of the Freedom of Information Act 2000 (FIA 2000) explains what is meant by a ‘qualified person’ for the purposes of FIA 2000. Subsections (a) to (n)