In respect of relations between agents and third parties generally, in the absence of other indications, when an agent makes a contract, purporting to act solely on behalf of a disclosed principal, whether identified or unidentified, he is not liable to the third party on it. Nor can he sue the third party on it. See Practice Note: Agent and third party relationships. However, at common law, where a person purports to contract on behalf of a principal, and the principal is a fictitious or non-existent person or entity, the person so purporting to contract may sometimes be regarded as having contracted

Case law on the above has not been found. However, the following may be useful for your purposes. The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, paras 7.1–7.8B are the relevant provisions for obtaining medical evidence. According to Commentary: Obtaining Medical Evidence: Bingham & Berrymans' Personal Injury and Motor Claims Cases [20.23] ‘there is currently no provision for either party to put questions to the expert’. This is in contrast to the Pre-Action Protocol for Personal Injury Claims which states in Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, para 7.2 that protocol

Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) contains provisions giving the right to tenants of flats to acquire a new lease. The tenant exercises the right by service of a notice pursuant to LRHUDA 1993, s 42 upon their

Permission in principle (PiP) is a type of automatic consent, introduced by the Housing and Planning Act 2016 (HPA 2016) for housing-led development allocated in an adopted local plan, neighbourhood plan, or local brownfield register. The result of PiP, together with a grant of technical details consent, is a grant of full planning permission. Section 58A of the Town and Country Planning Act 1990 (TCPA 1990) enables PiP to be granted for housing-led development of land in England. Certain types of development are excluded from a grant of PiP, including development that requires an environmental impact assessment

Before amending the terms of an existing enterprise management incentives (EMI) option plan, it is necessary first to check whether any additional consent or approval (such as that of shareholders or of option holders) under the terms of the EMI option plan may be required. It would be unusual for a plan to require the consent of option holders for a proposed amendment to plan rules that did not affect the terms of their existing options, but this should be confirmed. An amendment to EMI scheme rules may result in a disqualifying

Dispute Resolution analysis: The court agreed with the Court of Appeal decisions in Solomon v Cromwell and Ho v Adelekun that there is nothing in the rules preventing the parties settling on whatever terms they please and therefore it was possible for parties to agree to contract out of fixed costs. Further the claimant’s response to the defendant equated to a counter-offer, therefore satisfying that in this claim the parties had agreed to contract out of fixed costs. Written by Mark Holloway, costs lawyer, at Paragon Costs Solutions.

While there are obligations on the employer to inform and consult in relation to affected employees, there is no legal obligation under the Transfer of Undertakings (Protection of Employment) 2006, SI 2006/246 (TUPE 2006) to notify employees that their employment has transferred. However, it is generally regarded as good practice to do so, as: • it informs the employee of the precise date on which their employment with the transferee commences and notifies them of their new terms and conditions of employment • section

Where a lessee wishes to assign the term of a commercial lease, it will usually be the case that the permission of the lessor is required, such permission to take the form of a licence to assign. A landlord will ordinarily wish to ensure that there is no implied waiver of existing breaches of covenant in respect of the lease by the

We are not aware of any case law, HMRC guidance or express statutory provision on this scenario. What follows, therefore, is based on basic principles. The incidence of stamp duty land tax (SDLT) depends on whether or not the interest transferred is a ‘chargeable interest’ within the meaning of section 48 of the Finance Act 2003. If it is, the acquisition of the interest would be a chargeable transaction. A ‘chargeable interest’ means ‘an estate, interest, right or power in

The effect of a disclaimer is to bring to an end the rights, interests and liabilities of a person or company that is insolvent, as at the point of disclaimer. The powers are contained in sections 178–182 of the Insolvency Act 1986 (IA 1986) in respect of companies, and IA 1986, ss 315–321 in respect of individuals. In Chapter 34 of the Insolvency Service Technical Manual, at 34.77, it is stated that where an original lease held in the sole name of the insolvent is disclaimed the effect is to determine (end) the lease, whereas if an assigned

Banking & Finance analysis: This case involved an application by secured creditors to appoint administrators of a company and a request for an order to rectify the register of the company to remove false statements of satisfaction of secured lending to the company. Ruling on the rectification request, the court found that a debtor could not discharge indebtedness by unilaterally creating and issuing promissory notes that purported to extend the maturity of the debt without acceptance of them by the secured creditors. Accordingly, the statements of satisfaction delivered by the company to Companies House were invalid, and the court ordered that they be removed from the register and the registered rectified to identify the charges as ‘outstanding’ rather than ‘satisfied’. Regarding the administration application, the court found two bases for accepting the appointment of administrators. First, by their terms, the debentures stated that they contained qualifying floating charges permitting the charge holders to appoint an administrator. Second, as the company had demonstrated its inability to pay its debts as they fell due, the creditors had independent standing to appoint administrators. Written by Robert Aulsebrook, partner at Akin Gump LLP.

We assume that you are referring to the right for same sex couples to be allowed to enter into a civil partnership. In a case decided in June 2018, the Supreme Court ruled that the Civil Partnership Act 2004 (CPA 2004) is incompatible with the European Convention on Human Rights, because it prohibits heterosexual couples from entering into a civil