The new Pre-Action Protocol for Debt Claims (the Protocol) came into force on 1 October 2017. Where the Protocol applies, the court will expect parties to comply with its provisions prior to commencing a claim and will take into account non-compliance when giving directions for the management of any subsequent proceedings (paragraph 7 of the Protocol). The Protocol contains no transitional provisions. See Precedent: Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims and Practice Notes: The pre-action protocols and when they apply and Debt claims and

In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force majeure clause’ is used to describe a contractual term which may provide, for example, that on the happening of a specified event or event beyond the parties’ control, one (or both) of the parties: • is excused from performance of the contract, in whole or in part • is entitled to suspend performance

What temporary guidance has been issued by the FCA? The Financial conduct Authority (FCA) has issued temporary guidance, applying for an initial period of three months, to a significant number of firms in the consumer credit sector. • On 9 April 2020, the FCA published its finalised temporary guidance to consumer credit firms dealing with customers needing coronavirus (COVID-19) related payment holidays for personal loans, credit cards and retail revolving credit (for example, catalogue credit or store cards) and overdrafts. This guidance came into force on 14 April 2020. For more, see: Q&A: On 9 April 2020, the Financial Conduct authority confirmed a package of targeted temporary measures to help people with some of the most commonly used consumer credit products. What are the implications of the measures? • On 24 April 2020, the FCA published its finalised temporary guidance

Section 21 of the Landlord and Tenant Act 1985 (LTA 1985) in the form that commonly appears provides for regulations to be made about the provision by landlords of dwellings in respect of which services charges are payable to tenants by whom service charges are payable. No such regulations have in fact been made, and the amendments made to the section by the Commonhold and Leasehold Reform Act 2002 and the Housing and Regeneration Act 2008 have only been brought into force insofar as the power to make regulations is concerned. Therefore it is important for practitioners to be aware that the version of LTA 1985, s 21 as it otherwise

This question appears to be looking for a case dealing with whether variable costs can be deducted from a net profits figure in calculating damages. At the time of writing we are not aware of any direct authority about the deductibility of variable costs in calculating damages for any type of design right infringement (and we could not be certain about cases eg in other EU countries in relation to damages for Community unregistered (or registered) design infringement). However, there have been cases about deductibility of fixed costs, and it appears logical extrapolating from those that it should be possible to deduct variable costs—this is also indicated in a Court of Appeal case on trade marks (parallel imports). Damages in IP cases Few cases get as far as a second trial by way of damages inquiry as it is so expensive for the litigants to do this in addition to the main trial establishing liability for infringement, so unfortunately there are still very few

Costs on the small claims track are governed by CPR 27.14. The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal except the fixed costs attributable to issuing the claim, in accordance with Table 2 in CPR PD 45: • a specified sum if the proceedings included a claim for an injunction or specific performance • any court fees paid • reasonable party and witness expenses and loss of earnings up to a fixed sum • expert

Practice Note: Establishing a claim for private nuisance highlights a number of cases you may find helpful in researching this point, including, Raymond v Young, in which the Court of Appeal provided a clear analysis of the authorities on the extent to which a claimant can be awarded damages for loss of capital value resulting from nuisance. Our News Analysis

In researching this Q&A, we have been unable to find any exemption releasing the regulator from its rights and responsibilities as a riparian owner. However the riparian presumption can be rebutted in certain situations (see below). There is a presumption that the owner of land adjoining a river or stream (ie the riparian owner) owns the river bed up to the centre line of the river or stream. If the presumption does not apply and the river bed belongs to a third party, the boundary is the water line when the river is in its normal state. There is also a presumption that the owner of the bed of the river has the

A resulting trust is a form of trust recognised in equity which is implied or presumed out of the presumption of the parties. Normally, if A provided the money to buy Blackacre which is transferred into the name of B, a resulting trust will be presumed in favour of A. For more information, see Practice Note: Resulting trusts. A constructive trust is another species of presumed or implied trust and in circumstances such as this will arise out of the common intention of the parties that A was to have an interest in the property acquired. A constructive trust most frequently arises in the circumstances where a property is acquired for two people to live in but is transferred into the name of only one of the parties.

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