The question of whether a particular situation falls within the SRA’s rules on own interest conflicts or client conflicts of interest, or whether it is client relationship or other commercial issue for a firm, will turn on the specific facts in each case. Client conflicts of interest The SRA Codes of Conduct prohibit you from acting in relation to a matter or particular aspect of it if you have a client conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless you fall within one of two exceptions and meet certain specific conditions. A conflict of interest is defined as ‘a situation where your separate duties to act in the best interests of two

Each tenant will no doubt have express or implied rights to pass through the front door and over the common parts to get to their individual flat. This is a right by way of an easement. If one tenant were to change the lock on the front door, preventing the others from accessing the common parts and, thus, their own flat, then this would

Unlike other investment funds, such as authorised unit trusts (AUTs) and open-ended investment companies (OEICs), authorised contractual schemes (ACSs) do not benefit from the safe harbour provided by the so-called ‘white list’ of investment transactions (found in the Investment Transactions (Tax) Regulations 2014, SI 2014/685) which would prevent an ACS's transactions being regarded or recharacterised as trading transactions for UK tax purposes and investors therefore being subject to tax on trading profits. For more on the ‘white list’

Where an individual is an undischarged bankrupt (or a discharged bankrupt subject to a bankruptcy restrictions order or undertaking), they are subject to a number of restrictions, including not to act as a director of a company. If a bankrupt acts contrary to one of these restrictions, they are likely to be committing a bankruptcy offence, and liable to be punished accordingly. For further reading, see Practice Note: The immediate effects of a bankruptcy order on the bankrupt. From our limited researches, we are not aware of any restriction specifically on the giving of a guarantee by a bankrupt. However, we wonder whether the giving of a guarantee might be caught under section 360 of the Insolvency Act 1986 (IA 1986). Under that section it is an offence for a bankrupt to obtain credit above the prescribed amount (presently set at £500 (since April

An undischarged bankrupt is prohibited from being a director of a company—see section 11 of the Company Directors Disqualification Act 1986 (CDDA 1986). A discharged bankrupt is not so prohibited unless they are subject to a bankruptcy restrictions order (BRO) or bankruptcy restrictions undertaking (BRU) under Schedule 4A to the Insolvency Act 1986, in which case they are restricted from being a director for the duration of the BRO or BRU (see: Bankruptcy restrictions orders and undertakings—overview). The simple fact that the discharged bankrupt has been subject

For the purposes of this response, it is assumed that there is no court order in existence dealing with the payment of periodical payments for the benefit of the relevant qualifying child. It is further assumed that no previous application has been made to the Child Maintenance Service (CMS) and that, if an application were made, the person named as the non-resident parent (NRP) would be potentially liable to pay at the basic rate, rather than the reduced, flat or nil rate, see paragraphs 2–5 of Schedule 1 to the Child Support Act 1991 (CSA 1991). Shared care—general CSA 1991, Sch 1, para 7 provides for a reduction in the basic rate of child maintenance to reflect a shared care arrangement between the person with care (PWC) and the NRP, calculated by reference to the number of nights the qualifying child stays with the NRP during the course of a 12-month period.

Among the factors which the court is obliged to consider in deciding how to exercise its powers under the Matrimonial Causes Act 1973 (MCA 1973) is the direction by MCA 1973, s 25(2)(a) to have regard to ‘the…earning capacity…which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire’. Determining how old a child should be to enable a primary carer to utilise or improve their earning capacity will, in every case, be fact specific and there is therefore no specific generally applicable authority for the age of a child at which

A divorce petition needs to satisfy the court of one or more of the following facts in order for the court to hold that the marriage has broken down irretrievably (section 1(2) of the Matrimonial Causes Act 1973 (MCA 1973)): • that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent • that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent • that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition • that the parties of the marriage have lived apart for a continuous period of at least two years immediately preceding

The operators of supermarkets and other premises open to the public owe duties under both common law and statute (specifically the Occupiers Liability Act 1957 (OLA 1957)) to take reasonable steps to ensure that visitors to the premises are reasonably safe. While some trips or slips in a supermarket will not be actionable as they will not arise out of a breach of duty (many simply amounting to accidents without any fault) in some circumstances a trip or slip may be the result

We are not aware of any case law on this issue. Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 7(1) where, either before or after a TUPE transfer, any employee of the transferor or transferee is dismissed, that dismissal will be automatically unfair if the sole or principal reason for the dismissal is the TUPE transfer, unless the sole or principal reason for the dismissal is an economic, technical or organisational reason (ETO reason) entailing changes in the workforce, in which case regulation 7(1) does not apply. However, an employee will only be able to bring a claim for unfair dismissal if they have the requisite two years of continuous employment. For further information on the enhanced protection from unfair dismissal under TUPE 2006, SI 2006/246, see the section of Practice

Section 23(1)(d) and (e) of the Matrimonial Causes Act 1973 (MCA 1973) provides that the court may make an order that a party to a marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such as child, periodical or secured periodical payments for such term as may be specified. These provisions are subject to the restrictions laid down by MCA 1973, s 29 that the term for such periodical payments or secured periodical payments shall not in the first instance extend beyond the child’s 18th birthday unless it is the case that the child is, or will be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not they are also, or will

Pedestrians Apportionment tends to be in a pedestrian’s favour based on the fact that a car can do more damage to a person than vice versa. According to Hale LJ in Eagle v Chambers, the courts have 'consistently imposed upon the drivers of cars a high burden to reflect the fact that the car is potentially a dangerous weapon'. Rule 196 of the Highway Code (Pelican crossings) states that when the amber light is flashing, drivers must give way to any pedestrians on the crossing. If the amber light is flashing and there are no pedestrians on the crossing, drivers may proceed with caution. Case law In Goddard and Walker v Greenwood, the claimants were jogging on the eastern side of the A20 carriageway in Dover, which is made up of three lanes.