The General Data Protection Regulation (EU) 2016/679, the GDPR, will replace Directive 95/46/EC, Data Protection Directive and all implementing data protection legislation in EU Member States, including the UK’s Data Protection Act 1998 (DPA 1998) from 25 May 2018. The GDPR will be directly applicable in all Member States without the need for implementing national legislation. See Practice Note: Introduction to the EU GDPR and UK GDPR. This Q&A considers the generic standard GDPR clauses found in Annex A, Part 1 of the Procurement Policy Note—Changes to Data Protection Legislation & General Data Protection Regulation (PPN 03/17) issued by the Crown Commercial

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. This Q&A examines this point specifically in relation to liquidation and will be relevant where a request has been made by a liquidator who has not obtained a court order. Position of non-directors The Insolvency Act 1986 (IA 1986) and Insolvency Rules 1986, SI 1986/1925 (IR 1986) give insolvency office-holders in certain situations the power to obtain property, including cash, books and records and documents of the insolvent company or bankrupt (see IA 1986, ss 234 and 236). The IA 1986 also imposes a duty on certain individuals and entities under IA 1986, s 235 to co-operate with the office-holder and imposes

Legislation The Consumer Rights Act 2015 (CRA 2015) provides: 'If the consumer exercises the final right to reject, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, but this is subject to subsections (9) and (10).' Further, 'No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless… the goods consist of a motor vehicle'. Guidance The Business Companion, run by the Chartered Trading Standards Institute, provide guidance on deductions. The guide on the sale and supply of goods states: 'If the consumer rejects the goods, then he is entitled to a refund. This refund may be reduced to take account of any use the consumer

A rent deposit is a sum of money that is deposited with the landlord when a tenant takes a lease of premises. The landlord commonly holds the money on trust for the tenant or on behalf of the tenant who charges it in favour of the landlord. For the purposes of this Q&A, we have assumed the rent deposit has been held as a charge. Rent deposits are a popular form of security for landlords as they provide immediate access to funds in the event that the tenant is in breach of the lease and the tenant provides an agreed sum of money and the landlord is able to draw

It may be preferable for personal representatives (PRs) to transfer or ‘appropriate’ an estate asset to a beneficiary before selling it in order to take advantage of the beneficiary’s lower tax rate, annual exemption or losses. For further guidance, see: Practice Note: Income tax and capital gains tax during administration. However, it will not always be appropriate for an asset subject to a capital gain to be appropriated to a beneficiary before sale and the PRs will need to consider all the circumstances to assess whether this is appropriate. For example, estate assets may need to be sold

By way of background, possessory title is granted where the land owner claims to have acquired the land by adverse possession or where he cannot produce documentary evidence of title for some reason. It will be granted if the applicant is in actual possession of the land, or in receipt of the rents and profits of the land and it cannot be registered with any other title. Registration with possessory title has the same effect as registration with absolute title except that any adverse rights are excepted from the effect of registration, and their priority is protected on the registration

There are no specific late filing penalties set down in relation to the people with significant control (PSC) regime, although it is anticipated that Companies House will at some point in the future introduce penalties for late filing and other contraventions once the regulations and guidance have been given a reasonable

If a wall has a buttress, then it will be part of the structure forming the wall. The presumption would be that the wall was erected by the owner of the land upon which the buttress stands, so that the outer face on the far side of the wall is the legal boundary. This is because a buttress is a substantial structure and the most

It may be helpful to consider in turn: • the requirement under section 1 of the Employment Rights Act 1996 (ERA 1996) to provide a written statement of particulars of employment • the contract of employment • an employer’s Human Resource (HR)-related policies • electronic signatures Written statement of employment particulars Under ERA 1996, s 1(1), an employer is required to give a worker a written statement of the particulars of employment listed in ERA 1996, s 1(3) and (4). For detailed information on this requirement, see Practice Note: Written statements of employment particulars. In the case of particulars relating to sick leave and pay, other paid leave, pension rights and training, the statement may refer to another document which is reasonably accessible

This Q&A focuses on public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. As a general rule, PCR 2015, SI 2015/102 gives bidders a significant degree of freedom to develop their bid partnership and supply chain arrangements as they see fit. PCR 2015, SI 2015/102, reg 63(1) provides that bidders may rely on the capacities of other entities for the purposes of meeting the selection criteria relating to economic and financial standing, as well as technical and professional ability. PCR 2015, SI 2015/102, reg 63(7) operates as a minor exception to this, allowing contracting authorities to require that certain ‘critical tasks’ in a public services contract or public works contract be performed by the prime contractor or one of a group of prime contractors. In other words, bidders generally cannot be prevented from using their own suppliers for the purposes of performing

Rule 29.1(1) of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, 29.1(1)) provides that a party is not required to reveal their home address or other contact details (among other matters) unless the court otherwise directs. Where a party does not wish to reveal their details, these must nevertheless be provided to the court (FPR 2010, SI 2010/2955, 29.1(2)). FPR 2010, SI 2010/2955, 5.1, which deals with the use of forms, and in particular FPR 2010, SI 2010/2955, 5.1(3), which provides that a form must not be varied so as to leave out any information or guidance which

In brief, directors derive their powers from the articles of association, statutory provisions and common law. The company’s articles may also contain provisions that enable the shareholders to confer powers on the directors by passing special resolutions. Directors’ powers may be limited by the company’s articles of association, the directors’ statutory duties and matters reserved to the shareholders by legislation (eg transactions with directors). In practice, the articles of association of a company will often contain provisions that delegate the day-to-day management/running of the company to the board of directors as a whole. The board, in turn, can delegate such of those powers as it chooses to one or more individual directors. It is helpful to consider what effect a restriction on the powers of one director has on third parties, ie will ultra vires acts by a director still bind the company? A director’s powers Practice Note: Powers of directors summarises the