The Human Rights Act 1998 (HRA 1998) requires public authorities not to act in ways which are incompatible with the rights guaranteed by the European Convention on Human Rights (ECHR). If a body exercises public functions, then it is capable of being held liable for breach of Convention rights in respect of acts which are public in nature. It is assumed that the institutions described are not seeking to act in a manner which is purely private in nature so as to fall foul of the exception noted in HRA 1998, s 6(5). Private acts are excluded as the EHCR was not intended to regulate purely private relationships. Factors to be considered in determining the public or private nature of an act include the extent to which the body is publicly funded, exercises statutory powers, takes the place of central government or local authorities or provides a public service. The general approach In

This Q&A has assumed that 'vested' means that the option has become unconditionally capable of exercise. This is a complex area of law. Broadly, the taxation of options will differ depending on the exact terms of the share options and whether the scheme under which they are granted carry certain tax advantages or not. The main tax-advantaged schemes are: enterprise management incentives schemes, company share option plans, share incentive plans

Visitor visas are for individuals seeking to visit the UK for a short-term period, in most cases up to six months. The rules are contained in Appendix Visitor and Appendix Visitor: Permitted Activities. Visits can be for a number of reasons including: • visiting family and friends • business meetings • work • medical procedures • short-term study Not all individuals are required to seek a visitor visa to enter the UK. Those who do not need to seek prior permission before travelling to the UK due to their nationality are known as non-visa nationals. Those from countries requiring prior permission are known

This Q&A assumes that the creditor in question is aware of the existence of the winding-up petition having undertaken a search of the court records. A simple search has not revealed any authority on the issue of whether service of the petition on the debtor company is required before a copy of the petition can be delivered to a creditor on their request. Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 7.11 is unqualified, ie it does not state that a copy of the petition may only be provided after the petition has been served (or notice of the petition has been given under IR 2016, SI 2016/1024, r 7.10). If a request is made and the standard fee for a copy is a paid, then the mandatory language of IR 2016,

Understanding the source of funds being used in a transaction is a key protection for your firm. Legal Sector Affinity Group (LSAG) guidance encourages you to approach it as an opportunity to protect your firm from being used for money laundering. Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 Requirements in relation to establishing the source of funds/wealth are contained in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692. MLR 2017, SI 2017/692, require you to establish the source of funds involved in a transaction: • in relation to ongoing monitoring (where necessary) (MLR 2017, SI 2017/692,

The rules of the Coronavirus Job Retention Scheme (CJRS) are set out in Treasury Direction No 1 and Treasury Direction No 2, which are supplemented by a series of guidance documents issued by HMRC: • Check if you can claim for your employees' wages through the Coronavirus Job Retention Scheme • Check if your employer can use the Coronavirus Job Retention Scheme • Check which employees you can put on furlough to use the Coronavirus Job Retention Scheme • Work out 80% of your employees' wages to claim through the Coronavirus Job Retention Scheme • Claim for wages through the Coronavirus Job Retention Scheme In order to be eligible to furlough employees under the CJRS, employers must have: • created and started a pay as you earn (PAYE) payroll

EU analysis: Ashurst LLP, partners, David Futter and Nicholas Quoy, together with senior associates William Barrow, Aimi Gold and associate Siân Deighan consider what the EU AI Act says about the definitions of providers and deployers, and why the distinction matters. They also explain how the distinction between providers and deployers can become blurred and if there are any safeguards that businesses can put in place to avoid falling into the scope of the more onerous provisions.

One of the methods of terminating a business tenancy that has security of tenure under the Landlord and Tenant Act 1954 (LTA 1954) is a landlord's notice under LTA 1954, s 25. It

We refer you to Practice Note: Digital assets on incapacity and death which states that individuals can create a memorandum of digital assets with emails, usernames and passwords and store a copy of the memorandum with the Will, enduring power of attorney (EPA) or lasting

We refer you to Practice Note: Statutory Wills—Court of Protection applications, which explains what is a statutory Will, when it is appropriate to make one, the procedure for making a statutory Will and the effect of such a Will. As explained in

Clause 2.27.1 of the JCT Standard Building Contract 2011 (SBC) provides: 'If and whenever it becomes reasonably apparent that the progress of the Works or any Section is being or is likely to be delayed the Contractor shall forthwith give notice to the Architect/Contract Administrator of the material circumstances, including the cause or causes of the delay, and shall identify in the notice any event which in his opinion is a Relevant Event...' Lexis+® UK practical point: identical clauses are contained in the Standard Building Contract 2016 (cl 2.27.1) and the JCT Design and Build Contract 2011/2016 (cl 2.24.1), albeit that the reference to ‘Architect/Contract Administrator’ is replaced with the ‘Employer’ in the design and build contracts. There are two main issues to be considered when determining whether compliance with a notification provision such as clause 2.27.1 of the SBC has been achieved: • what is the scope of the requirement to give notice

This Q&A considers cases on the liability of a party appointed by the employer to review and approve a design developed by a contractor in a design and build contract. This role is sometimes known as an independent checker/reviewer or simply the employer’s design consultant (although this latter term could also describe a designer engaged by the employer to undertake design work in a traditional procurement situation). Design checking or design verification is not a topic which has been considered in any great depth or with any great frequency by the courts, therefore there is limited assistance to be found in the authorities. The scope of the duty owed by a professional body engaged to check or verify a design was considered peripherally by the Court of Appeal in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd. In that case the contractor