In conducting the research for this Q&A, we have focused on the definition of ‘retailer’ within the context only of (i) the key legislation for the supply of goods or services and (ii) contractual interpretation. However, there may be a defined term which exists in legislation having a more specific purpose, which may be relevant dependent upon the circumstances, for example in relation to tax, local government licencing, property or competition law purposes, or under sector specific legislation, for example in the food industry. For general guidance on the statutory provisions that apply to contracts for goods and services, see Practice Notes:

We assume for the purposes of this Q&A that the covenant in question is one which the RTM company has the right to enforce. What covenants can the RTM company enforce? See Practice Note: The right to manage—Extent of the right. The landlord’s management functions are transferred to the RTM company and the tenant is liable to it, rather than the landlord, in respect of the tenant’s obligations under the lease—see sections 96, 97 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002). The RTM company also has the right, as well as any other person with the right, to enforce tenant covenants (untransferred tenant covenants) which, despite acquisition by the RTM company of the right to manage, remain exercisable by the landlord or another person. See CLRA 2002, s 100(2), (4). The RTM company may not re-enter for the purposes of forfeiture, but can do so to determine

Statutory regime The Highways Act 1980 (HIA 1980) gives the County Council as Highway Authority certain powers and rights in relation to flooding and drainage. We refer you to HIA 1980, s 100 which gives the Highway Authority, for the purpose of draining or preventing surface water from flowing onto the highway the power to: • construct or lay, in the highway or land adjoining or lying near to the highway, such drains as they consider necessary • erect barriers, in the highway or in land adjoining or lying near to the highway, to divert surface water into or through any existing drain • scour, cleanse and keep open all drains situated in the highway or land adjoining or lying near to the highway 'Drain' includes

Easement implied under common law One of the ways by which an easement can be implied at common law is necessity. The principle that a person shall not derogate from grant and that a grant is construed in favour of the grantee may operate in favour of the occupier of a dominant tenement to imply easements over the retained land (ie the servient tenement). The reservation of an easement may be implied where the dominant tenement cannot be used at all without the right concerned—there must be no other explanation short of necessity. An easement will not be implied where the right is merely necessary for the reasonable enjoyment of the dominant tenement or is more convenient. An easement may also be implied to give effect to the common intentions of the parties as to use of the dominant tenement if: • the parties have a shared intention that the land will be used in some definite

An electricity distributor is a potential licence holder under section 6 of the Electricity Act 1989 (EA 1989). Underground electricity cables will frequently be the subject of easements or rights and restrictions in transfers and other property documents so a full title search should be carried out before concluding that they do not already exist. Licence holders can apply to the Secretary of State for Energy and Climate Change for a ‘necessary wayleave’ to install and keep installed an electric line under private land and to have access to the land for the purpose of inspecting, maintaining, adjusting, repairing, etc, the line under EA 1989, Sch 4. This process is used when a request has been made and

In family proceedings, it is often the case that each party pays their own costs of litigation and it is only usually where a party has acted unreasonably that the one side will bear the costs of both sides. When deciding whether a costs order should be made, the court will consider whether the party was successful, whether an application or allegation was reasonably contested and the conduct of both parties. If the court considers that one party has behaved unreasonably and the other party has incurred further legal costs as a result, a costs order may be made against the unreasonable party. See Practice Note: Costs in family proceedings. If one party has the benefit of legal aid then this means

Section 483 of the Income Tax (Earnings and Pensions) Act 2003 contains provisions which apply to the taxation of a new option where it is granted in exchange for the release or assignment of another option. In essence, these provisions mean that there will

We assume that the default gift will be in the form of a discretionary trust for the benefit of the testator’s grandchildren and will not provide for an immediate post-death interest (IPDI) trust under section 49A of Inheritance Tax Act 1984 (IHTA 1984). We also assume that it will not be a disabled trust under IHTA 1984, s 89. Please see

There are several tax implications which a person will need to be aware of in relation to the transfer of property to a child or spouse. Any attempts to give away assets during your lifetime are potentially subject to some form of inheritance tax (IHT), although many transfers will not be immediately chargeable if they qualify as potentially exempt transfers (PETs) or if another relief of exemption

There are several tax implications which a person will need to be aware of in relation to the transfer of property to a child or spouse. Any attempts to give away assets during your lifetime are potentially subject to some form of inheritance tax (IHT) although many transfers will not be immediately chargeable if they qualify as potentially exempt transfers (PETs) or if another relief of exemption such as the

Time limits for the assessment of costs between parties following commencement of proceedings For the assessment of inter-partes costs 'after' the commencement of proceedings, Part 47 of the Civil Procedure Rules (CPR) sets out a comprehensive timetable. In general, a receiving party has to start detailed assessment proceedings within three months of the date of judgment or the date of service of notice of discontinuance (CPR 47.7). Failure to comply with these time limits can lead to an order requiring the receiving party commences proceedings, as well as further sanctions such as an unless order being imposed by the court disallowing part of the costs, on the application of the paying party. If the paying party does not dispute the bill by way of points of dispute within 21 days of service of the notice of commencement, the receiving party may apply for a default costs certificate. The procedure to obtain an order for costs following

Practice Note: Biometric Immigration Documents confirms that: ‘An application for a replacement BRP must be made if the original BID is lost, stolen or damaged, if they are a child and their BID has expired ahead of their leave, or if they have ILR and their BID has expired. The application in such circumstances is made on form BRP(RC).’ The requirement to apply for a replacement BRP derives from the Immigration (Biometric Registration) Regulations 2008, SI 2008/3048, reg 19. This states (our emphasis): ‘19 (1) A person who has been issued with a biometric immigration document under regulation 13(1), 13A(1) or 13B(1) is required to apply for a replacement biometric immigration document where his original document— (a) has been cancelled under paragraphs (a) to (g) of regulation 17; or (b) has ceased to