The transfer of regulation of most regulated credit agreements secured on land on 21 March 2016 On 21 March 2016, the UK implemented the Mortgage Credit Directive 2014/17/EU (EU MCD) by the making of the Mortgage Credit Directive Order 2015 (MCD Order), SI 2015/910. The broad effect of the MCD Order, SI 2015/910 is that if an agreement is a ‘consumer credit back book mortgage contract’ under MCD Order, SI 2015/910, art 2(1) then, on 21 March 2016, it transferred out of consumer credit regulation and into mortgage regulation subject to transitional provisions in MCD Order, SI 2015/910, art 29. If the regulated credit agreement is secured on land and the modification or variation takes place on or after 21 March 2016 If a regulated credit agreement secured on land and entered into before 2010 was therefore modified or varied on

Claiming interest CPR 16.4(2) provides that: If the claimant is seeking interest he must: • (a) state whether he is doing so— ◦ (i) under the terms of a contract; ◦ (ii) under an enactment and if so which; or ◦ (iii) on some other basis and if so what that basis is; and • (b) if the claim is for a specified amount of money, state— ◦ (i) the percentage rate at which interest is claimed; ◦ (ii) the date from which it is claimed; ◦ (iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued; ◦ (iv) the total amount of interest claimed to the date of calculation; and ◦ (v) the daily

For further information, see the sections in Practice Note: Introduction to the EU GDPR and UK GDPR, headed: Controllers and Processors and related contract terms. Under Regulation (EU) 2016/679, the the General Data Protection Regulation (GDPR): • ‘processor’ is defined as ‘a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller’ • ‘controller’ means ‘the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law’ Further GDPR provisions relating to processors can be found in Recitals (81) to (83) to Regulation (EU) 2016/679, the GDPR and in

Usually, a chargor would not need to execute a deed of release unless the chargor is promising to do anything under the deed of release, or giving any confirmations. Examples might include if the chargor is agreeing to pay expenses relating to the release, or if the chargor is confirming that any remaining security will continue in place (which could be relevant if the release is partial rather than full). We note that some parties might argue that, in relation to security over land, section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) applies to the deed of release. In so far as is relevant to the question, LP(MP)A 1989, s 2 provides that a contract for

Assumptions/limitations Generally, the question of whether a buyer can rely on searches procured by the seller will depend on the terms and conditions of the search itself and also of the search provider. It is assumed for the purposes of this enquiry that there is no term in the contract for sale that excludes the buyer’s right to rely on such searches. Date of searches Firstly, while something of an obvious point, the buyer should check the date of the searches to establish how recent they are and whether they should be refreshed prior to exchange or completion. As a general rule of thumb, buyers should not rely on search results which are more than three months old, although the decision whether or not to refresh the search results will depend on a number of factors including the type of search that

The MIB Uninsured Agreement 2015, which applies to accidents that have occurred on or after 1 August 2015, has less obligations and conditions than previous uninsured agreements. For more information, see Practice Note: Motor Insurers' Bureau (MIB)—2015 Uninsured Agreement. The MIB incurs no liability unless they are joined at the outset as an additional defendant to the proceedings, except when the claimant ‘initially and reasonably believes’ the uninsured driver was covered by a contract of insurance with an insurer whose identity can be ascertained. As noted in clause 13 of the MIB Uninsured Agreement 2015: ‘…13. (1)    Subject to paragraph (2), MIB incurs no liability under the MIB’s obligations unless MIB is joined from the outset as an additional Defendant to the relevant proceedings. (2) In the case of a relevant liability which the claimant initially and reasonably believes to be covered by

As set out in Q&A: What would the statutory position be if the postal system is not available due to coronavirus (COVID-19) and the parties have to serve a statutory notice (absent any emergency legislation which may be introduced to deal with this issue)?, the first step will be to carefully assess both the instrument (for example a contract, deed or lease) under which the notice is to be served, and the statutory regime which applies to the notice. Separate statutes may govern the circumstances in which the notice can or must be served on one hand, and the way in which service can take place on the other. For example, the termination of protected business tenancies is governed by the Landlord and Tenant Act 1954 (LTA 1954), which incorporates the service regime set out in section 23 of the Landlord and Tenant Act 1927 (LTA 1927). Contractual terms as to service Some leases will include deemed service provisions

Unregistered land is that which is yet to be registered with HM Land Registry. As such, there are no Official Entries for the land and disclosure of documentation cannot be sought from the Land Registry. If Party B fails to comply with a court order to deliver the title deeds in respect of unregistered land to Party A, they should apply to the court for enforcement on the basis that Party B has failed to comply with the order. Part 70 of the Civil Procedure Rules sets out the process for enforcements. CPR 70.2A, states: ‘(1) In this rule 'disobedient party' means a party who has not complied with a mandatory order, an injunction or a judgment or order for the specific performance of a contract. (2)

For the purposes of this Q&A, it has been assumed that the question is are referring to the Insurable Interest Bill dated June 2018. In conducting our research we have focussed on the Insurable Interest Bill dated June 2018. For this answer, we refer you to the following resources: • June 2018 Draft Insurable Interest Bill • June 2018 Accompanying notes to the draft Insurable Interest Bill Under section 2(1) of the draft Insurable Interest Bill, does there need to be a life insured at the outset of the Policy to be valid? Section 2(1) of the draft Insurable Interest Bill (the Bill) states: ‘A contract of life-related insurance is void unless at the time the insured enters into it the insured

Where an employee has been dismissed by reason of redundancy, section 138 of the Employment Rights Act 1996 (ERA 1996) provides a mechanism for the employer to offer the employee, and for the employee to accept, new or renewed employment as an alternative to a redundancy payment. Where the employee is offered their old job back or is offered another job (with the same employer or an associated employer), and they restart employment within four weeks of the previous one ending, they are considered not to have been dismissed and are not entitled to a redundancy payment. For information on this scheme generally, see Practice Note: Renewal of contract, re-engagement and trial periods. Where the employee is not offered their old job back on identical

The requirements of Regulation (EU) No 648/2012 (EU EMIR) and Retained Regulation (EU) No 648/2012 (UK EMIR) apply to financial counterparties and (where so provided) non-financial counterparties (see Article 1(2) of EU EMIR). An in-scope counterparty to a derivative contract (ie, a counterparty which is a financial counterparty or a non-financial counterparty) is subject to the reporting obligation (see Article 9(1) of EU EMIR and UK EMIR). An exception relating to alternative investment funds (AIFs) and alternative investment fund managers (AIFMs) is set out in Article 9(1c) of EU EMIR and UK EMIR, under which the AIFM is required to report, not the AIF. In order to apply this exception to a UK AIF with an EU AIFM, it is necessary to consider the (different) definitions of financial counterparty and non-financial counterparty

The first thing to consider is whether the employee is receiving statutory sick pay (SSP) only, under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) and the Statutory Sick Pay (General) Regulations 1982 (SSP (General) Regs 1982), SI 1982/894, or contractual sick pay (sometimes known as occupational sick pay), as the position regarding entitlement to contractual sick pay may be different to that for entitlement to SSP. All employees, with certain exceptions, are entitled to receive SSP from their employers. The essential qualification requirements for SSP are that an employee must: • be an employee as defined and not fall within one of the excluded categories • be too ill to undertake any work under their contract of employment on any day for which they claim SSP, or be deemed to be so • have at least four consecutive days'