For there to be a forfeiture of a lease by peaceable re-entry, the landlord must commit a positive act demonstrating their intention to forfeit the lease. There are cases in which the landlord's acts have not been done with the required intention, such as changing the locks only to

Within proceedings brought under section 8 of the Children Act 1989 for a child arrangements order, specific issue order and/or prohibited steps order, there are a range of expert reports that might be appropriate, for example a report by a child and adolescent psychiatrist. When a party considers that an expert is appropriate in a particular case, an application should be made to the court having regard to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 25. Such an application should be made no later than the first hearing dispute resolution appointment (FPR 2010, SI 2010/2955, 25.6) and the application should detail how it is proposed that the costs of the expert are covered. The general approach is that when an order is made for a single joint expert, the

There is no specific statutory requirement for service of notice before beginning a claim under the Access to Neighbouring Land Act 1992. However, the claimant should comply with Practice Direction-Pre-action conduct and protocols (see Practice Note: Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols). It would appear sensible for the claimant to provide as much detail as possible about the proposed

Ideally, all the trustees should attend trustee meetings, because they usually need to make their decisions unanimously. As set out in Practice Note: Trustees—duties, trustees must act unanimously unless there is a contrary provision in

In the judgment of the Court of Appeal in Street v Derbyshire Unemployed Workers’ Centre, which was also referred to by Jackson LJ in Mid Essex Hospital NHS Trust v Compass Group UK and Ireland Ltd, it was held: ‘The words “in good faith” have a core meaning of honesty. Introduce context, and it calls for further elaboration…The term is to be found in many statutory and common-law contexts, and because they are necessarily conditioned by their context, it is dangerous to apply judicial attempts at definition in one context to that of another.’ With respect to commercial transactions, although English courts have traditionally shown hostility towards implying a duty of good faith in this context, the way to approach giving meaning to ‘good faith’ is now reasonably clear. In Mid Essex Hospital Services, Beatson LJ applied an objective test; ‘when given the wording of the contract

Duty to consult There is no general duty for public authorities to consult those affected by their decisions; but a duty to consult may be imposed by statute (eg see further below under ‘Road Closures’), or may arise in public law either because of the duty to act fairly, or as a result of a legitimate expectation eg created by an express promise to consult. See Practice Note: Consultation: requirement and process. Duty to maintain the highway The highway authority has a duty to maintain all adopted highways in its region, whether that be roads, footpaths or bridleways. At common law it is a nuisance to interfere with the surface of a highway and it used to be an offence for utility companies to lay their underground pipes and cables underneath the highway. The New Roads and Street Works Act 1991 expressly permits the highway authority and statutory undertakers to dig up the highway,

Section 328(1) of the Highways Act 1980 (HiA 1980) defines a ‘highway’ as the whole or a part of a highway other than a ferry or waterway. However, note that the Supreme Court in the case of Southwark LBC v Transport for London, it was emphasised that the meaning in law is context specific. So in statute and common law, a highway is

This Q&A assumes that the relevant premises are non-domestic premises. There is a legal presumption that any non-domestic buildings (and the common parts of domestic buildings) whose construction was completed before 2000 contain asbestos—see the Health and Safety Executive’s: Managing and working with asbestos. Under the Control of Asbestos Regulations 2012 (CAR 2012), SI 2012/632, the ‘dutyholder’ must carry out a ‘suitable and sufficient assessment’ to establish whether asbestos is present in non-domestic premises and the common parts of domestic premises. CAR 2012, SI 2012/632, r 4 also requires the ‘dutyholders’ to identify the location

It is certainly possible to have a single set of share plan rules that provides for different types of awards to be made. Indeed, Precedent: EMI share option scheme rules provides for the possibility of granting non-enterprise management incentives (EMI) (unapproved) options as well as EMI qualifying options (see rule 2.3). A company might wish to have separate plan rules where, for example, it wishes to apply different eligibility criteria or different vesting/exercise terms to the different types of awards and considers that it would be preferable or simpler to have separate plans for these purposes—or where it already has a particular plan in place at the time of introducing a new, different type of plan and considers that adopting an

In answering this Q&A we have assumed that the proposed prize promotion would not constitute a lottery requiring an operating licence. We have also assumed that the promotion is commercial and not a charity linked prize promotion. After a review of our sources on Lexis+® UK and Lexis+ UK Legal Research, we are not aware of any statutory prohibition against non-UK residents participating in such a prize draw. For general points of consideration, see Practice Note: Prize promotions and Prize promotions—checklist. The Gambling Act 2005 Prize competitions

The Equality Act 2010 (EqA 2010) ensures that people are treated equally regardless of the characteristics which they might have. In relation to the provision of services under EqA 2010, Pt 3, the following set of protected characteristics are relevant: • disability (being a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities) • gender reassignment (if the person is proposing to undergo, is undergoing or has undergone a sex re-assignment process, or part of such a process) • pregnancy and maternity • race (including colour, nationality and ethnic or national origins) • religion or belief (including lack thereof) • sex • sexual orientation • age, so far as relating to persons who are 18 and over EqA 2010, s 20 imposes a duty on service

We have assumed that your query relates to the procurement of an above-threshold contract by a public authority governed by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Procurement of above-threshold contracts by public authorities in England and Wales are governed by PCR 2015, SI 2015/102. PCR 2015, SI 2015/102 give effect in domestic law to Directive 2014/24/EU (the Directive), which contains the EU law rules governing the award of contracts for goods and services by public authorities throughout the EU. For background information, see Practice Note: Introduction to public contracts procurement—pre PA 2023 [Archived]. Subject to compliance with PCR 2015, SI 2015/102 (and associated EU-derived procurement rules, principles and statutory guidance etc) in relation to contracts falling within their scope, the domestic rules of contract law continue to apply to all public contracts. Accordingly, if a contractor or contracting authority