As set out in our Practice Note: The Prospectus Directive and the debt capital markets—is a prospectus required? [Archived], the Prospectus Directive 2003/71/EC (PD) provides that a prospectus must be prepared and approved before an offer of securities is made to the public within any European Economic Area (EEA) state. 'Securities' means transferable securities as defined in Article 4(18) of Directive 2004/39/EC (MiFID), but excluding money market instruments as defined by Article 4(19) of MiFID and having a maturity of less than 12 months. Transferable securities are securities such as bonds and other debt instruments which are negotiable on the capital market. A loan documented by a loan agreement would not normally be a transferrable security

This Q&A considers the applicable guidance in respect of Article 14 of the Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541 (FSO 2005). The question refers to FSO 2005, SI 2005/1541, art 14(c), however, we have assumed it in fact refers to FSO 2005, SI 2005/1541, art 14(2)(c). The FSO 2005, SI 2005/1541 applies to England and Wales and covers general fire precautions and fire safety duties. Most premises in England and Wales are covered by the requirements of FSO 2005, SI 2005/1541, however, there are certain exceptions. These exceptions are found in FSO 2005, SI 2005/1541, art 6, and notably include most domestic premises (except those outlined in FSO 2005, SI 2005/1541, art 31(10)). The reference to domestic premises only relates to property comprising of that exclusively

As set out in the drafting notes to Precedent: Terms and conditions for the supply of services—business to business—pro-supplier, the clause 14 you refer to is based on the pro-processor template in Precedent: Personal data processing schedule—short form—pro-processor. As explained in further detail in Practice Note: Supply chains under data protection law—arrangements between controllers and processors, Article 28(3) of the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) requires that the controller enter into a written contract with the processor which contains certain minimum terms. Among other things, those minimum terms include: ‘That contract or other legal act shall stipulate, in particular, that the processor…at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data’

Guidelines for the assessment of damages The Judicial College Guidelines for the assessment of general damages in personal injury refers to damages for minor injuries in chapter 13 (select the table of contents to expand). The guidelines note that minor injuries are injuries which are of short duration, where there is complete recovery within three months and are not otherwise referred

When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for: • the benefit of the deceased's estate under the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) • on behalf of the dependants of the deceased under the Fatal Accidents Act 1976 (FAA 1976) While these claims can be pursued separately, they are often brought in tandem. For more information on these two forms of claims, see Practice Note: Law Reform Act or

It is assumed that the beneficiary in question is a residuary beneficiary and not a legatee. What will be considered a reasonable request by a beneficiary will depend on the particular facts and circumstances of the case, but the following guidance may assist in making a determination. The following content contains useful general guidance about the executors’ duty to prepare estate accounts and the beneficiary’s rights during the administration of an estate: Practice Notes: • Estate accounts • Beneficiaries’ rights and remedies Information relating to the administration period The basic duty of an executor is to produce estate accounts and, if required, to provide an inventory, see section 25 of the Administration of Estates Act 1925. In the course of administering an estate,

In responding to this Q&A, we have assumed that the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the Protocol) initially applied to the claim. The Protocol applies to claims valued up to £25,000 where the accident occurred on or after 31 July 2013. For further guidance, see Practice Note: The Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims. Para 4.2 of the Protocol states: ‘This Protocol ceases to apply to a claim where, at any stage, the claimant notifies the defendant that the claim has now been revalued at more than the upper limit.’ CPR 36.20 applies where a claim no longer continues under the Protocol pursuant to CPR 45.29A(1).

Although the phrase parental alienation is now appearing more often in English judgments and the concept appears to be more recognised as an issue requiring intervention there is no definition of parental alienation, nor is it a formally recognised syndrome. Generally, however, cases which are understood to involve parental alienation concern one parent (typically the resident parent) attempting to turn the child or children of the family against the other (typically non-resident) parent. For the purposes of this Q&A, the alienating parent will be referred to as the ‘resident parent’, and the parent that the child is being alienated against will be referred to as the ‘non-resident parent’. Cases of parental alienation can involve very serious allegations against the non-resident parent such as domestic, sexual and/child abuse. In some cases, the children of the family support these allegations, either as the result of conscious or unconscious manipulation by the resident parent. This can result in

The only guidance as to the meaning of the phrase ‘non-residential agricultural buildings with low energy demand’ is to be found in the glossary to ‘A guide to energy performance certificates for the construction, sale and let of non-dwellings’, published by the Department for Communities and Local Government in December 2017. This gives the following information: ‘Non-residential agricultural buildings

The Pre-Action Protocol for Debt Claims (the Debt Protocol) came into force on 1 October 2017. The Debt Protocol is not a general protocol which applies to all debts. On the contrary, the type of debt to which it applies is severely restricted by Pre-Action Protocol for Debt Claims, para 1.1. By virtue of this paragraph, the Debt Protocol only covers debts claimed by a business creditor against an individual debtor. ‘Business’ expressly covers a sole trader or public body (and therefore includes a company or partnership). ‘Individual’ is also stated to include a sole trader. It follows that the following categories of debt are excluded from the application of the Debt Protocol altogether: • debts claimed by individuals (other than sole traders) • debts claimed from a business entity (other than a

For information on the maximum lengths for witness statements specified in the civil courts, see the section of Practice Note: How to write a credible witness statement entitled ‘Length of witness statements’. For information: • on witness statements generally, see Practice Note: Witnesses—employment tribunals • on evidence in disability discrimination claims, see Practice Note: Evidence in disability discrimination claims For a sample witness statement, see Precedent: Sample employment tribunal witness statement. For a sample disability impact statement, see Precedent: Claimant’s disability impact statement. There is nothing to specify a

The statutory basis of pay less notices is to be found in the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), as amended by the Local Democracy, Economic Development and Construction Act 2009. HGCRA 1996, s 111(3) provides: ‘Requirement to pay notified sum (3) The payer or a specified person may in accordance with this section give to the payee a notice of the payer’s intention to pay less than the notified sum. (4) A notice under subsection (3) must specify— (a) the sum that the payer considers to be due on the date the notice is served, and (b) the basis on