How high is too high? People want privacy in their homes and gardens. The government has legislated on this issue with two competing principal aims in mind; people’s privacy should be safeguarded so far as possible, but those measures should not intrude on the rights of others. To that end, section 66 of the Anti-social Behaviour Act 2003 (ABA 2003) states: '66 High hedges (1) In this Part “high hedge” means so much of a barrier to light or access as– (a) is formed wholly or predominantly by a line of two or more evergreens; and (b) rises to a height of more than two metres above ground level. (2) For the purposes of subsection (1) a line of evergreens is not to be regarded

The provision of an employment reference by an employer, in respect of a departing or former employee, to a third party, will, from the point of view of the framework under Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), involve the processing of personal data. It follows that in order for such provision to be lawful, at least one of the six ‘lawful grounds’ conditions listed in Article 6(1) of the GDPR must apply. See Practice Note: Introduction to the EU GDPR and UK GDPR—Lawful basis of processing. Of those six, only four could even potentially be of application in the context of providing an employment reference, namely: • the data subject has given consent to the processing of his or her personal data for one or more specific purposes • processing is necessary for the performance of a contract to which the data subject is party or in order

Avoiding conflicts of interest is a component of a fiduciary duty that a limited partnership’s general partner owes to other partners in the partnership (or the investment adviser owes to its client, the partnership). Although the fiduciary duty is not codified, the Partnership Act 1890 (PA 1890) introduces certain statutory obligations on all the partners, including in PA 1890, s 30 a requirement not to carry on any business of the same nature or competing with the partnership and accounting to the partnership for any profits made in connection with such similar/competing business. For further information, see Practice Note: The nature of a limited partnership and its legal framework—Relationship between partners. Note that this requirement has been disapplied in relation to the limited

The purpose of the Pensions Regulator (Notifiable Events) Regulations 2005 (Notifiable Events Regulations), SI 2005/900, is to give the Pensions Regulator advance warning of events which could cause a scheme, or part of it, to enter an assessment period for the Pension Protection Fund (PPF). The definition of employer is extended for PPF purposes and assessment periods can be triggered in relation to former employers. For example, the Occupational Pension Schemes (Miscellaneous Amendments) Regulations 2005 (OPS(MA)R 2005), SI 2005/2113, reg 5(3) extends the definition in the Pension

While there appear to be no specific restrictions that dictate requirements in terms of the name of a prize competition, promoters must ensure that any such name they use will not mislead participants. Rule 8.17 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) requires that all marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Specifically,

Financial contributions towards the cost of specific projects are often required to be paid to a local planning authority (LPA) by a developer in order to mitigate the adverse impacts of the development so as to allow planning permission to be granted. This Q&A covers the situation where the section 106 agreement does not include any specific express clawback provisions. LPA’s obligations when imposing financial contributions Where a financial contribution is to be imposed by a planning obligation (section 106 obligation) when a planning application is being determined, the contribution has to meet strict legal tests set out in regulation 122 of the Community Infrastructure Levy Regulations 2010, SI 2010/948 (SI 2010/948, reg 122) (as amended). This states that a planning obligation may only constitute a reason

In answering this Q&A, we have assumed by ‘consolidated insolvency proceedings’ you are referring to two applications made within two separate bankrupt estates that are being dealt with in effect as one, but the underlying bankruptcy estates, each with their own court case number, remain separate. Consolidation of proceedings—in general It is important to note that when proceedings are ‘consolidated’, this means there is one set of proceedings (ie with one set of pleadings and case number). The court's power to consolidate is discretionary and is contained in CPR 3.1(2)(g) and (h). See: Consolidation of proceedings; in general: Halsbury’s Laws of England [114] for more information. You may also find useful the

The Democratic People’s Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (the Regulations), SI 2019/411, reg 28(1) prohibits any person from making or receiving a transfer of funds which that person knows or has reasonable cause to suspect is a transfer of funds to or from

The consultation requirements set down by the Landlord and Tenant Act 1985, s 20 (LTA 1985) is defined LTA 1985, s 20ZA(4) as meaning ‘requirements prescribed by regulations made by the Secretary of State’. The relevant regulations are the Service Charges (Consultation Requirements) (England) Regulations 2003/1987 (as amended). The 2003 instrument, however, sets down no rule for service of a notice (although it does provide rules for service of responses to the consultation on the landlord). Given that the relevant provisions lay down no particular rule in this regard, reference must be made to the general law of service of notices in the context of property. The Law of Property Act 1925, s 196 (LPA 1925) begins by providing as follows: (1)

There are no statutory rules or guidance governing who must be notified of a planning application going to committee. This is usually a matter for the local planning authority’s constitution, scheme of delegation and any other associated local guidance. As a matter of practice, statutory consultees, objectors, and those notified of the planning application itself may well be notified once a local planning authority has decided to take an application to committee. Consultation/notification on receipt of a planning application The Town and Country Planning (Development Management Procedure) (England) Order 2015 (DMPO 2015), SI 2015/595 imposes requirements on local planning authorities to publicise planning applications and undertake a formal period of

A debtor under a regulated consumer credit agreement, a consumer hire agreement or a Regulated Mortgage Contract (RMC) may be granted more time by the court to repay a debt, if the court considers it just to make such an order. This protection enables the court, if it is just to do so, to redraw the terms of an agreement to reasonably reflect the customer’s ability to repay the debt within a reasonable period. The court’s discretion is based on balancing the interests of the firm and the customer. The time order provisions

Trade unions If a trade union body is acting on behalf of members who are employees (ie not undertakings), then this action is unlikely to come within the scope of competition law. Following the Court of Justice’s judgment in Case C-67/96 Albany International BV v Stichting Bedrijfspensioenenfonds Textielindustrie, agreements entered