Services The Consumer Rights Act 2015 (CRA 2015) does not define ‘services’. In respect of services, CRA 2015, s 48 sets out which service contracts are covered by (and excluded from) CRA 2015, Pt 1, Ch 4 (which sets out the requirements in respects of services contracts). For more information, see Practice Note: Consumer Rights Act 2015—services—Application of the CRA 2015 to services. Timeshare contracts are not expressly excluded. The explanatory notes to CRA 2015 provide at paragraph 228: ‘Chapter 4 applies to all service sectors except where they are expressly excluded from one or all of its provisions. The provisions in this Chapter do not cover contracts of employment or apprenticeships and, where there is legislation that gives more detailed provision about rights or duties of particular services, that legislation will take precedence over

Provisional assessment In detailed assessment proceedings, where the costs are not more than £75,000, the parties must use the provisional assessment procedure provided for in CPR 47. The £75,000 limit The limit is set out in CPR PD 47, para 14.1 — Procedure for Detailed Assessment of Costs and Default Provisions. CPR PD 47, para 14.1 refers to the ‘amount of costs’ being less than or equal to £75,000. CPR 44.1(1) provides that ‘costs’ includes ‘fees, charges, disbursements, expenses, remuneration, reimbursement allowed to a litigant in person under CPR 46.5 and any fee or reward charged by a lay representative for acting on behalf of a party in proceedings allocated to the small claims track’. However, this does not assist greatly because it is not an exhaustive definition of ‘costs’. The inclusion or exclusion of VAT Provisional assessments: Cook on Costs [11.16] states: ‘This procedure applies to those cases

The concept of ‘a week’s pay’, calculated in accordance with the Employment Rights Act 1996 (ERA 1996), is important for a number of statutory employment rights, including calculation of statutory holiday pay. For a list of these rights, see Practice Note: Calculating a week's pay. For information on the definition of wages for the purposes of the right not to suffer unlawful deductions, see instead Practice Note: Deductions from wages—Definition of wages. Under ERA 1996, ss 221–224, different methods of calculating a week’s pay apply, depending on the pattern of the working hours of the employee concerned, in particular whether the employee has: • 'normal working hours', or • 'no normal working

It is assumed that this query relates to the procedural requirements for issuing a defamation claim only. Part 7 of the Civil Procedure Rules 1998 (CPR) (CPR 7) and accompanying Practice Direction (PD) 7A (Family Procedure Rules 2010 (FPR 2010), PD 7A) deals with this, as well as the relevant provisions of the County Courts Act 1984 (CCA 1984). CPR 53 and FPR 2010, PD 53A and FPR 2010, PD 53B may also be relevant. There is also a Pre-Action Protocol on Media and Communications Claims which applies to defamation claims. FPR 2010, PD 7A 2.1 establishes the general rule that ‘Proceedings (whether for damages or for a specified sum) may only be started in the High Court if the value of the claim is more than £100,000’. However, PD 7A 2.9 states that ‘the following proceedings may not be started

Section 21B of the Housing Act 1988 (HA 1988), inserted by section 39 of the Deregulation Act 2015, provides that regulations may be issued to require information about the rights and responsibilities of a landlord and a tenant under an assured shorthold tenancy of a dwelling-house in England to be given by a landlord under such a tenancy, or a person acting on behalf of such a landlord, to the tenant under such a tenancy. By HA 1988, s 21B(3), a landlord may not give a section 21 notice at a time when the landlord is in breach of a requirement imposed by such regulations. The Assured Shorthold Tenancy Notices and Prescribed Requirements

For information on the residence nil rate band (RNRB), including the conditions for it to apply, how it is claimed and the tapering provisions for estates exceeding £2m, see Practice Note: IHT—residence nil rate band. The availability of the RNRB is assessed as at the date of death—based on the succession of the deceased’s assets whether by Will, intestacy, survivorship or any suitable appointment out of a discretionary trust, or a

This scenario is considered in Q&As: • A testator wishes to grant a 12-month right of occupation of his residence to his partner (they are unmarried) under his Will with the property passing thereafter as to 80% to his children and 20% to his partner. Does the residence nil rate band (RNRB) apply when a residence passes to children following a period of occupation such as this? Also, can the RNRB apply where descendants only receive a share of the residence

As to whether a right of occupation amounts to an interest in possession, see Q&A: Is the right to occupy a property (left by Will) an interest in possession if the occupier is not entitled to income? Are the personal representatives of an estate entitled to principal private residence relief from capital gains tax where the individual occupying the property only has a right to reside and not an interest in possession? For general information on when the residence nil rate band (RNRB) applies and how the legislation works, see Practice Note: IHT—residence nil rate band. Where the right of occupation constitutes a life interest, see subsection ‘Property left by deceased on trust for an individual for life and then to direct descendants’ in Practice Note: IHT—residence nil rate band Q&As. This Practice

Sections 8D–8M of the Inheritance Tax Act 1984 (IHTA 1984) set out the detailed qualifying criteria for the residence nil rate band to apply. One of the conditions (in IHTA 1984, s 8K) is that a qualifying residential interest must be ‘closely inherited’. This usually means that the property must be inherited (as defined in IHTA 1984, s 8J) by a child of the deceased or by a remoter lineal descendant of the deceased (for example, the child, grandchild or great grandchild of a child). However,

The burden of proving that the individual has been paid the minimum wage lies with the employer where: • a claim is brought against the employer that claims (in whole or in part) what is referred to in the minimum wage legislation as 'additional remuneration' (ie the sum due following a minimum wage underpayment) • the claim is brought as: ◦ an unlawful deduction from wages in the employment tribunal, or ◦ a breach of contract claim (which may

As the question indicates, in the Employment Appeal Tribunal (EAT) a party may appear in person or be represented by counsel, a solicitor, a trade union or employers' association representative or by any other person whom he wishes to represent him. See Practice Note: Procedure at EAT main hearing. The exercise of a right of audience is a reserved legal activity within the meaning of section 12 of the

Interest in possession—definitions for trust and tax law purposes The interest in property of a beneficiary interested under a trust may be a fixed interest, entitling them to income and/or capital, or it may be dependent upon the exercise by the trustees (or some other donee of a power) of a discretionary power to benefit them, whereupon they obtain a fixed (limited or absolute) interest in the relevant property. It is important to remember that the trust law and UK tax law definitions of trust interests vary, so that an interest in possession for trust law purposes is not necessarily a qualifying interest in possession for inheritance tax (IHT) purposes. Where the trust is governed by a law other than that of England