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Q&As
In the UK, there is no legal requirement to provide a warranty, extended warranty, or guarantee when selling electrical goods to consumers. The Consumer Rights Act 2015 (CRA 2015) lays out statutory remedies available to consumers for breach of their statutory rights, which includes: • the short-term right to reject the goods (see CRA 2015, ss 20 and 22) within the first 30 days from the date of delivery (see CRA 2015, s 22(3)). The reverse burden of proof (as set out in CRA 2015, s 19(14)) does not apply here, so the customer must prove the fault existed at the time of delivery
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There is no model agreement for limited liability partnerships (LLPs) similar to the model articles for companies, and it follows that there is no option to adopt a default membership agreement when incorporating an LLP. There are a number of default
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Practice Note: How to prepare a slavery and human trafficking statement explains that although the £36m turnover threshold will rule out many organisations, you may wish to publish a statement in any event because: • the government encourages all businesses to develop an appropriate and effective response to modern slavery • it could be a requirement of competitive tendering • for corporate social responsibility reasons • as an employer you have a responsibility to ensure your employees and colleagues are safeguarded • it's
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As to what mines and minerals are, see Practice Note: Mines and minerals—property issues. Mines and minerals in their original position are part and parcel of the land. The common law
Q&As
We refer you to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, reg 23 which requires an authorised person whose supervisory authority is the Financial Conduct Authority (FCA) to, before acting as a money service business or a trust or company service provider or within 28 days of so doing, inform the FCA that it intends, or has begun,
Q&As
The relevant legislation does not provide for a special statutory limitation period that applies to a claim against a council for overpayment of business rates. Therefore, if the issue is pure debt recovery (due to a straightforward overpayment) then the standard six-year limitation will apply. If there has been an overpayment of rates as a result of an incorrect valuation, the following information on the appeals process may be relevant. Our Practice Note: National non-domestic rates provides some general practical guidance on this topic, and
Q&As
The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) controls the liability of former tenants and their guarantors for rent and service charge after assignment of a lease. A landlord may recover ‘fixed charges’ from a former tenant or its guarantor only if: • the former tenant remains liable due to privity of contract or because it has given an authorised guarantee agreement (in the case of new tenancies), and • the landlord has given notice under LT(C)A 1995, s 17 within six months of the date on which the charge became due LT(C)A 1995, s 17 relates to fixed charges which
Q&As
This Q&A looks at personal data held on equipment to be disposed of and does not consider the position under any environmental, landfill or waste laws. In this Q&A we have focussed solely on the current English law under the Data Protection Act 1998 (DPA 1998) as regulated by the UK’s Information Commissioner’s Office (ICO). We have not considered any sector or industry specific laws, regulations, polices, codes or guidelines (such as any applicable to public sector bodies, public electronic communications services, electronic communications services, firms regulated by the Financial Conduct Authority or by the Solicitor’s Regulatory Authority, the payment card services industry or businesses subject to any foreign laws or regulation). We assume that in disposing of the equipment, any personal (or other) data has been backed up elsewhere so the anticipated destruction
Q&As
There is no positive legal obligation within the statutory framework for illegal working for an employer to report to the Home Office where they suspect or discover that an employee, or ex-employee, does/did not have the right to work. For details of that framework, see Practice Notes: Right to work checks: when and why and Illegal workers—civil and criminal sanctions. See Practice Note: Illegal working: dealing with employees, which considers how an employer should deal with the situation where it has identified that an employee does not have, or may not have, the right to work in the UK. It looks at employment status, the circumstances when a potential illegal worker may be identified and best practice on how to deal with the situation (including conducting an investigation and relevant checks and following a fair procedure in relation
Q&As
The Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) applies when there is a 'relevant transfer'. This covers: • business transfers: a transfer of an undertaking, business or part of an undertaking or business, situated immediately before the transfer in the UK to another person where there is a transfer of an economic entity which retains its identity • a service provision change: involving a change in the provider of a service A particular transfer may be both a 'business transfer' and a 'service provision change'. Also, a change of contractor may still be a business transfer even if it is not a service provision change. A service provision change may involve any one of three possibilities: • outsourcing: where activities cease to be carried out by a person ('a client') on his own behalf and are carried out instead
Q&As
The Office of Communications (Ofcom) provides model forms of counter notices for operators under paragraphs 20(2) and 21(3) of the Electronic Communications Code (the Code) (Schedule 2 to the Telecommunications Act 1984). See: Precedent notices under the previous Electronic Communications Code [Archived] which summarises the operator notices available on
Q&As
For the purposes of this Q&A, we have assumed that the deceased was domiciled in England or Wales. In the event that the deceased left a will, we refer you to Tristram & Coote’s Probate Practice—Administration (will) oath (witness statement of application). For specific precedents, see Tristram & Coote’s Probate Precedents—Part I: Forms for use in Non-Contentious Probate Matters, between:149 Oath for administration (will) to residuary legatee