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Q&As
Under section 2 of the Health and Safety at Work etc Act 1974 (HSWA 1974) and the Management of Health and Safety at Work Regulations 1999 (MHSW Regs 1999), SI 1999/3242, reg 5, any organisation with five or more employees must: • prepare and maintain a written statement of its general health and safety policy, and • bring that statement (and any revisions made to it) to the attention
Q&As
Section 106 agreements are agreements between developers, landowners, and local planning authorities, seeking to address planning objections to proposals and make the development acceptable in planning terms. Section 106(9) of the Town and Country Planning Act 1990 (as amended) provides that section 106 agreements must be executed as deeds. It
Q&As
Even though it may be the intention of the employer to access an employee’s work-related emails and voicemails purely to ensure the smooth running of the business while an employee is away from work, it is nevertheless possible that in the course of doing so it may inadvertently also access the employee’s private communications. Monitoring can take various forms. It is not defined in either Assimilated Regulation (EU) 2016/679, UK GDPR or the Data Protection Act 2018 (DPA 2018). Nor does the ICO guidance on monitoring workers define monitoring, but it can generally be understood to mean the observation, supervision and control of staff and IT and communications systems, whether that monitoring is conducted by people and/or technology (eg software). For further information, see Practice Note: Monitoring staff, IT and communications systems in the workplace. Opening an employee’s emails and
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Section 793 of the Companies Act 2006 (CA 2006) enables a public company to require anyone whom the company knows or has reasonable cause to believe to be interested in the company's shares (or to have had such an interest within the preceding three years) to provide details of the interested party's identity and of the interests in question. Note that companies with shares listed on the London Stock Exchange or AIM are also subject to Chapter 5 of the FCA's Disclosure Guidance and Transparency Rules (DTR5), which imposes a separate and different regime whereby substantial holdings of voting rights must be disclosed by those who hold or control them. Note also that all companies (other than those admitted to trading on a regulated market in the UK or an EEA state (other than the UK) or on specified
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Notices to admit are dealt with under CPR 32.18, which sets out the requirements and limits that apply, however no reference is made as to whether there is a limit on the number of such notices that a party can serve. The
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General (ie non-insolvency specific) guidance on staying proceedings Under CPR 3.1(f), the court has a discretion to: 'stay the whole or part of any proceedings or judgment either generally or until a specified date or event'. There are a variety of reasons why a stay may be sought but it will not become effective until the court orders it, irrespective of any agreement between the parties to stay the proceedings and seemingly irrespective of whether there is no good reason why the proceedings should not be stayed. The way in which a stay can be lifted will generally depend on the terms on which the stay was made. For example, the order may: • expressly state how long the stay is to be in force (this will often be the case where, for example, the stay is to allow for the parties to attempt to settle) in which case the stay will generally be lifted, automatically,
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Section 90 of the Financial Services and Markets Act 2000 (FSMA 2000) outlines the requirements for compensation for statements in listing particulars or prospectus’ and FSMA 2000, s 90A establishes a statutory civil liability regime for misleading statements in periodic disclosures to the market by issuers of securities admitted to trading on EEA regulated markets. FSMA 2000, s 90 states that: '(1) Any person responsible for listing particulars is liable to pay compensation to a person who has— (a) acquired securities to which the particulars
Q&As
There is no specific limitation period applicable to claims for the construction of a Will under Part 64 of the CPR. However, if a mistaken construction of the Will has resulted in assets being misapplied by the executors, a claim by the executors or a legatee to recover those assets from the recipients would generally be subject to the limitation rules for trusts and estates in the sections 21–22 of the
Q&As
The offence As identified, section 219(2) of the Highways Act 1980 (HiA 1980) makes it an offence for an owner of land to carry out work in contravention of HiA 1980, s 219(1) and any person that commits this offence is liable to a fine not exceeding level three on the standard scale. HiA 1980, s 219(1) imposes an obligation on owners of land proposing to erect a building (for which plans are required to be deposited with the local authority in accordance with building regulations) to pay the street works authority a
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Under section 24(1) of the Limitation Act 1980 (LA 1980), an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. Under LA 1980, s 38(1), ‘action’ includes any proceeding in a court of law, including an ecclesiastical court. 'Action' means a fresh action and not execution of the judgment (Lowsley v Forbes). Therefore, the enforcement of a judgment (including a winding-up or bankruptcy petition—see Ridgeway Motors (Isleworth) Ltd v ALTS Ltd) is not limited by LA 1980, s 24(1) and so
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Section 20B of the Landlord and Tenant Act 1985 provides, in relation to residential service charges, that 'if any of the relevant costs taken into account in determining the amount of any service charge were incurred more than 18 months before a demand for payment of the service charge is served on the tenant, then [...] the tenant shall not be liable to pay so much of the service charge as reflects the costs so
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Statutory basis for requiring build over agreement Build over agreements are agreements entered into between developers and the relevant sewerage undertaker to regulate works which could impact a public sewer. Unlike other statutory provisions such as section 106 of the Town and Country Planning Act 1990 (TCPA 1990), we have been unable to find a particular statutory provision pursuant to which build over agreements are entered into. However, build over agreements are routinely required by sewerage undertakers as a way of ensuring that the following statutory requirements are met: • requirement H4 under Schedule 1 to the Building Regulations 2010, SI 2010/2214 (the Building Regulations): ◦ requirement H4 requires that certain building works carried out over a public