Practice Direction 19B (PD 19B) of the Court of Protection Rules 2017, SI 2017/1035, deals with fixed costs that can be claimed by solicitors acting in the Court of Protection. For example, work up to and including the date the court makes an order appointing a property and affairs deputy is capped at £950. The usual rule is that the estate of P will pay the relevant costs. If P’s estate is worth more than £16,000 the professional can ask for their fees to be assessed. Although PD 19B applies to professional deputies rather than to a solicitor advising a lay deputy, it still provides a useful indication

Under Part II of the Landlord and Tenant Act 1954 (LTA 1954), LTA 1954, s 38A(1) ‘The persons who will be the landlord and the tenant’ in relation to a tenancy to be granted for a term of years certain which will be a tenancy to which LTA 1954, Pt II applies may agree that the provisions of LTA 1954, ss 24–28 be excluded. The procedure for contracting out of the security of tenure provisions in LTA 1954 is found in the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (RRO 2003), SI 2003/3096. Under LTA 1954, s 44 ‘landlord’ for the purposes of LTA 1954, Pt II (subject to a couple of exceptions in subsections (1A) and (2)) is determined by identifying

The exercise of an option in a lease to end the term (a ‘break option’) is often subject to conditions. Those conditions must be strictly observed, unless the lease provides otherwise. The date on which the conditions must be complied with may vary, but an obligation to give vacant possession of the premises is usually required to be met on the break date. In order to give vacant possession: • the premises should be free of any legal impediment to possession, such as a subtenancy • the tenant must generally have ceased using the premises for its own purposes (save for any de minimis use), and • the landlord must be able to have immediate and exclusive use and occupation of the premises without any substantial impediment (see Cumberland Consolidated Holdings v Ireland and Legal and General Assurance Society v Expeditors International (UK)) For further details and examples of cases in which the condition

Implied term—price As is noted in Practice Note: Implied terms in contracts for goods and services, terms implied by statute aim to improve efficiency or provide protection for one of the parties to a contract. Section 15 of the Supply of Goods and Services Act 1982 (SGSA 1982) provides: • where, under a relevant contract for the supply of a service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge, and • what is a reasonable charge is a question of fact SGSA 1982, s 12 defines ‘relevant contract for the supply of a service’ as a contract under which a person (‘the supplier’) agrees to carry out a service, other than a contract to which Chapter

The UK government is rolling out contact tracing as part of its strategy to test, track and trace the spread of coronavirus (COVID-19) and, as much as possible, to minimise that spread. If someone tests positive for coronavirus symptoms, they will be contacted by text, email or telephone by the National Health Service (NHS), and asked to use the NHS Test and Trace website to provide personal details in addition to the names and contact details of people they have been in close contact with in the 48 hours before symptoms started. Once the person who has tested positive for symptoms has provided the requested contact

Advice relating to ground rent in long residential leases should be given in light of the government’s announcement that it intends to bring the Leasehold Reform (Ground Rent) Act 2022 (LR(GR)A 2022) into force by August 2022 (Government guidance: Leasehold Reform (Ground Rent) Act 2022). As it is not retrospective, LR(GR)A 2022 only changes the position on lawful ground rents if the relevant lease is a 'regulated lease' as defined under LR(GR)A 2022. This excludes existing leases and leases granted after the relevant commencement date pursuant to a contract (which is not an option or pre-emption agreement). As highlighted in the Solicitors Regulation Authority produced guidance: Advising on leasehold provisions including ground rent clauses, if advising in relation to the purchase of an existing lease of a residential dwelling,

There is no legal requirement for any specific form of wording and we do not have a precedent that covers the specific nature of this Q&A. However, the following information may be helpful in formulating the right wording for the specific circumstances described. The principle of transparency is key when considering privacy notices under the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) and the methods by which data subjects are made aware of how their personal data will be used. Transparency under the GDPR Transparency is an overarching obligation under the GDPR applying to the following three areas: • the provision of information to data subjects related to fair processing • how controllers communicate with data subjects in relation to their rights under the GDPR, and • how controllers facilitate the exercise by data subjects of their rights The concept is embodied in the lawfulness, fairness and transparency principle under the GDPR, which requires personal

This Q&A only considers the position regarding an above-threshold public contract tendered under the Public Contracts Regulations (PCR 2015), SI 2015/102. KPIs in public sector contracts In the first instance, we refer you to the following cases which discuss the role of key performance indicators (KPIs) within contracts involving public authorities: • BT Cornwall Ltd v Cornwall Council involved a contract claim for a material breach by the outsourced company, evidence of which was provided by a fallen KPI performance. The case discussed the availability of early termination in outsourcing contracts where they are not fulfilling their KPIs. See News Analysis: When outsourcing contracts don’t deliver • Sutton Housing Partnership Ltd v Rydon Maintenance Ltd concerned a contract tendered between a housing partnership for the London Borough of Sutton and a company to provide repair and maintenance works. This discussed how KPIs can be amended or determined and the corresponding effect on level of performance

A drag along right is typically used to compel minority shareholder(s) to sell their shares if a specified number of ordinary shareholders (usually holding a controlling interest) wish to accept an offer for the purchase of all of the ordinary shares of the company. A qualifying offer would normally need to be a genuine arm’s length offer for which the minority shareholder(s) are getting the same price per share as the majority shareholder(s). Such provisions may be included in the articles of association of a company and/or in the shareholders’ agreement. By including such provisions in the shareholders’ agreement as opposed to the articles (so long as the shareholders’ agreement does not purport to amend the articles or contain matters for which the Companies Act 2006 prescribes a special resolution), such provisions will not be publicly available at Companies House. In the case of Cunningham v Resourceful Land Ltd and others, the

Article 36 of Regulation (EU) No 650/2012, the EU Succession Regulation (the Regulation) states that, in the absence of internal conflict of laws rules, the laws of the territorial unit which are to apply are those with which the deceased had the ‘closest connection’. In relation to conflict of laws rules as they relate to single territorial units, the concept of being closely connected with a particular territory is used across a number of areas where the question of the appropriate jurisdiction arises, for example in matrimonial and family disputes, disputes in relation to non-contractual obligations or in employment disputes. The concept is often used to displace or used in conjunction with the concept of habitual residence, to determine the appropriate

Case study The documents are needed by an expert who has been instructed to prepare a report in relation to the case. We are not aware of any specific guidance on an application to a coroner requesting disclosure of the inquest documentation. The inquisitorial nature of coroners' inquests is vastly different to the adversarial tribunals in which corporate crime/regulatory lawyers typically find themselves. The

The basic principle is that conditions at reserved matters should relate directly to those reserved matters and conditions outlining or restricting the scope of the permission should be imposed at outline stage. An outline planning permission refers to a permission where one or more of the following details is reserved for further approval (‘reserved matters’): layout, scale, appearance, access and landscaping. Generally, conditions restricting or limiting the scope of the permission should be imposed at outline rather than the reserved matters stage. Conditions can be imposed at outline stage but, as the government’s planning practice guidance (PPG) states, conditions relating to anything other than the matters to be reserved can only be imposed when outline permission is granted. The only conditions which can be imposed when the reserved matters are approved are conditions