In terms of taxation law, where goods or services (for example, civil engineering works or gardens) are provided free of charge by a developer, or for a nominal charge, under an agreement or undertaking made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) that provision will also not constitute a supply. Therefore, the developer need not account for VAT and neither is VAT to be paid by the local authority. Hence, where a developer pays a sum of money to a local authority or a third party under an agreement or undertaking made under TCPA 1990, s 106, those costs are not regarded as consideration for taxable supplies to the developer by the local authority or the third party. Specific Government Guidance (the Guidance) is published in relation to ‘Fees for planning applications: Fees guidance: explains planning related fees and the method

Variation of public contracts The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 72 is aimed at clarifying the extent to which concluded public contracts and frameworks tendered under PCR 2015, SI 2015/102 may be amended without advertising a new tender process. It establishes ‘safe harbours’ for certain types of amendments in line with principles established in previous case law. These safe harbours include, among others circumstances where the need for modification has been brought about by unforeseen circumstances, the modification does not alter the overall content of the contract and any increase in price does not exceed 50% of the original contract value. Amendments which fall outside the safe harbours will require a new procurement procedure in accordance with PCR 2015, SI 2015/102. For background reading, see Practice Notes: • Modification and termination of public contracts—pre-PA 2023 [Archived] • Changes to award criteria during a procurement procedure—pre-PA 2023 [Archived] • Varying public contracts Judicial consideration The

Lawful visitors Section 2(2) of the Occupiers’ Liability Act 1957 (OLA 1957) imposes a duty on occupiers of premises to take reasonable care to see that lawful visitors will be reasonably safe in using the premises for the purposes for which the visitor is invited or permitted by the occupier to be there. OLA 1957, s 2(3) notes that there are certain circumstances that are relevant when determining the extent of the duty of care, such as the fact that an occupier may expect that a person, in the exercise of their calling, will appreciate and guard against any special risks ordinarily incident to it. See Commentary: Common duty of care: Halsbury’s Laws of England [32]. The question of whether there has been a breach of duty, which is usually the central issue in such cases, is, generally speaking,

It is a fundamental principle that full and frank disclosure of the financial position of husband and wife in financial remedy proceedings is made, in order for any valid and binding agreement or order to be made (see eg J v J). The exchange of Forms E (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.14(1)) is designed to provide early details of the parties’ respective finances, and the first directions appointment provisions for questionnaires (FPR 2010, SI 2010/2955, 9.14(5)(c) and 9.15(2)) to enable parties to obtain missing disclosure is intended to ensure that many cases are able to settle at or before the financial dispute resolution hearing. It is at times

Although there may be specific factors that are not detailed in the question that render an award of provisional damages inappropriate in this case, it is generally not correct to state that provisional damages are prohibited simply because the risk, ie the event constituting a deterioration for the purposes of CPR 41.2—was always there. Provisional damages can still be awarded, and frequently are, on the basis that injuries sustained in an accident have increased the risk of deterioration or adverse event that was already present prior to the accident. The most common example of this, is the risk of epilepsy that has been increased by a traumatic brain injury (TBI). The lifetime risk of developing epilepsy in the general population is 1.6% to age 50. Hence, the risk is always there. A moderate or severe TBI will certainly have the effect of

See the judgment of Mr. Justice Nicol in the High Court case of Webster v Ridgeway Foundation School. Paragraphs [111]–[121] of the judgment provide analysis of the relevant authorities on the duty of care owed by a school to pupils within the school. The basic starting point is the oft-cited ratio of Auld L.J. in the Court of Appeal case of Gower v London Borough of Bromley that: ‘A head teacher and teachers have a duty to take such care of pupils in their charge as careful parents would have in like circumstances, including

This Q&A is limited to the law of England. There is no case specifically on the Education (Student Support) Regulations 2011 (E(SS) Regs 2011), SI 2011/1986, Sch 1 Pt 1, para 2A, but its meaning is ascertainable from decisions on other provisions of E(SS) Regs 2011, SI 2011/1986, Sch 1 Pt 1 and from the general law on ordinary residence. E(SS) Regs 2011, SI 2011/1986 deals with student support, including the conditions for eligibility for student tuition loans for higher education courses in England. E(SS) Regs 2011, SI 2011/1986, Sch 1 Pt 1, para 2A provides that ‘a person is not to be treated as ordinarily resident in a place unless that person lawfully resides in that place’. This reflects the default rule in E(SS) Regs 2011, SI

When referring to a pre-application planning application being lodged, it has been assumed to mean that a third party has made a request for pre-application advice to the local planning authority (LPA). Pre-application advice is routinely sought by prospective applicants, and is encouraged by the Planning Practice Guidance as it can result in a more efficient and successful planning process. More background on pre-application advice is found in Practice Note: Applying for planning permission—procedure. It is important to note that a request for

For the purposes of this Q&A, we have assumed that the trade mark in question is registered in the EU, and that the hotel room referenced is booked directly with the hotel and not through a third party provider. The basic rule is that the trade marks system operates on a use it or lose it system. Trade marks must be used or if not used then the registrations are revoked. The absence of use must be for a clear five year period and there must be no 'proper' reasons for that non-use. Use can also be relevant in other respects, such as to show that there are trade mark

Relationship breakdown within the family home is a common cause of young person homelessness. A young person will usually occupy as a bare licensee, so accommodation rights can easily be ended by a parent or other householder. A 16/17-year old made homeless in this manner will automatically be priority need, older children may be priority need if meeting one of the other statutory groups under section 189 of the Housing Act 1996 (HA 1996). A key issue then will often be that of intentionality. The Homelessness Code of Guidance provides some assistance. Chapter 11 addresses intentionality generally. Chapter 12 addresses 16/17-year old homelessness and encourages a reconciliatory approach, recommending that the best interests of the child will normally be within the family home, unless there is risk of violence or abuse. The local authority can consider the use of mediation or of relocation with another relative. However,

Under the Energy Performance of Buildings (England and Wales) Regulations 2012 (EC Regs 2012), SI 2012/3118, an energy performance certificate (EPC) is only required when a building is constructed, sold or rented out. A building is defined in EPC Regs 2012, SI 2012/3118, reg 2 as a ‘roofed construction having walls, for which energy is used to condition the indoor climate’. Services used to ‘condition the indoor climate’ include: • heating • mechanical ventilation • air-conditioning Certain buildings are exempt from requiring an EPC under EPC Regs 2012,

The Resolution Guide to good practice on correspondence (the guidance) contains some useful guidance regarding correspondence by email with a litigant in person. The guidance provides general guidance on communicating with a litigant in person in a family case. In relation to correspondence by email, the guidance says: ‘Care needs to be taken with email correspondence as it is not a secure medium. It