By virtue of sections 8(8) and 8(9) of the Child Support Act 1991 (CSA 1991) the court retains jurisdiction to make orders for maintenance where there is a disability living allowance paid to a child, or where a child is disabled. A child is regarded as disabled if the child is 'blind, deaf or dumb or is substantially and permanently handicapped by illness, injury, mental disorder or congenital deformity or such other disability as may be prescribed'. This will be a question of fact in each individual case. CSA 1991, s 8(8) specifically provides that ‘This section shall not prevent a court from exercising

UK In the UK, Defra leads on new regulations resulting from the initial studies which focus on energy efficiency gains. Regulations are enforced by the National Measurement Office (NMO). EU Ecodesign and energy-using requirements The European EuP Directive 2005/32/EC was a framework directive so the specific performance criteria and test requirements were set out in associated implementing measure or regulations. It was repealed by the Eco-Design Directive 2009/125/EC. The 2005 Directive was transposed into UK law by the Ecodesign for Energy-Using Products 2007, SI 2007/2037. However, it was revoked by the Eco-Design for Energy-Related Products Regulations 2010, SI 2010/2617. This transposed into UK legislation, the Eco-Design Directive 2009/125/EC, which aim to improve the environmental performance of products throughout their life cycle by integration of environmental aspects at a very early stage in product design. Minimum EU energy and environmental performance standards are being set for over twenty products, including lighting. The technical requirements are set out in regulations, and the Market Transformation Programme (MTP) provides

This Q&A covers private domestic arrangements and for the purposes of this Q&A we have assumed this scenario involves individuals. We have focussed on the Data Protection Act 1998 (DPA 1998), breach of confidence and privacy law. DPA 1998 The DPA 1998 governs processing of personal data in the UK. It obliges processors of such data to comply with eight principles, and gives individuals a right to know what information is held about them. See Practice Note: Key definitions under the DPA 1998—Personal data and Q&A: What is 'personal data' for the purposes of the Data Protection Act 1998? for the meaning of 'personal data'. Where the DPA 1998 applies, the person who is processing the data must comply with the principles explained in Practice Note: Data protection principles under the DPA 1998. These include that personal data must be processed fairly and lawfully and must be obtained only for specified and lawful purposes. DPA 1998, s

We have not been able to find any case law on the specific point raised in your query. However, we refer you to the following information which you may find useful. When the Pre-Action Protocol for Debt Claims (the Protocol) applies The Pre-Action Protocol for Debt Claims (in force from 1 October 2017) applies where a business (including a sole trader or public body) is claiming payment of a debt from an individual (including a sole trader). It does not apply to business-to-business debts unless the debtor is a sole trader (Pre-Action Protocol for Debt Claims, para 1.1). Prior to 1 October 2017, such

In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in question has resulted in some harm, ie causation. The extent of the injury suffered, provided that a victim could foreseeably have suffered a particular form of harm (eg distress) from the commission of the unlawful act, is irrelevant. This principle is known as the 'eggshell-skull' rule—see: Dulieu v White & Sons. ‘If a man is negligently run over or otherwise negligently injured in his body, it is no answer to the sufferer's claim for damages that he would have suffered less injury, or no injury at all, if he had not had an unusually thin skull or an unusually weak heart.’ The law also recognises that it is possible for 'eggshell-personalities' to

This Q&A considers two points. Firstly, it considers whether there have been any significant surrogacy decisions that post-date Re H (A Child). Secondly, it considers whether there are any reported cases concerning a breakdown in the relationship between a same sex couple prior to obtaining a parental order in respect of a surrogate child. The case of Re H concerned a same sex couple, A and B, who entered into a surrogacy agreement with C who was married to D. A’s sperm was used, as well as a donor egg. Following the birth, C informed A and B that she was no longer willing to follow the surrogacy

All medicinal products in the EU are subject to a strict testing and assessment of their quality, efficacy and safety before being authorised. Once placed on the market they continue to be monitored so as to make sure that any aspect which could impact the safety profile of a medicine is detected and assessed and that necessary measures are taken. This monitoring is called pharmacovigilance. Pharmacovigilance is the process and science of monitoring the safety of medicines and taking action to reduce

By virtue of section 144 of the Inheritance Tax Act 1984 (IHTA 1984), distributions made from a discretionary Will trust (or any trust in which no interest in possession has yet subsisted) within two years of the testator’s death are treated as if the testator’s Will itself had provided that the property should be held as it is held after the qualifying

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for DCM lawyers? [Archived] Can Precedent: Loan note instrument—sellers be used for the issue of loan notes by an AIM listed company? Precedent: Loan note instrument—buyout—sellers is described as ‘a loan note instrument for the issue of loan

Introduction English law does not per se restrict an English limited partnership (ELP) from granting individualised rights to limited partners, whether through the limited partnership agreement (LPA) being the governing document of a limited partnership, the use of side letters or by other means. However, the Alternative Investment Fund Managers Directive, Directive 2011/61/EU (AIFMD) would require the alternative investment fund manager (AIFM) of an ELP subject to the AIFMD to disclose to prospective investors (among other things) the existence of any practice of preferential treatment and any subsequent material changes to that practice. The AIFM may either be the general partner of the limited partnership or the manager of the limited partnership if the general partner has delegated the day-to-day management of the limited partnership to such

As noted in the Practice Note: Sponsoring a Skilled Worker, the Skilled Worker route replaced Tier 2 (General) from 1 December 2020 and the previous restriction on ownership of the sponsor by the sponsored migrant was removed from the new route. Tier 2 (General) had

In relation to the first part of this question, under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer cannot make any deductions from the wages of a worker unless: • the deduction is required or authorised to be made by virtue of • a statutory provision, eg the requirement to make deductions for income tax or National Insurance contributions via Pay As You Earn (PAYE), or • a relevant provision of the worker's contract, eg where the employer provides a loan to the worker and has a contractual right to take money out of the worker's wages in repayment, or • the worker has previously signified in writing their agreement or consent to the deduction In relation to a deduction to which the worker has previously signified in writing their agreement or consent, the requirement will be strictly construed. For example, if a loan agreement