This Q&A refers to signs in car parks aimed at consumers. We have focussed on the requirements of the signs as well as the laws around limiting liability for consumers. Consumer rights The Consumer Rights Act 2015 (CRA 2015) covers consumer rights and remedies for the sale of goods, supply of digital goods, and supply of services, and reforms the law on unfair terms in consumer contracts. For further information, see Practice Note: Consumer Rights Act 2015—summary and the government commentary: Explanatory Notes: Consumer Rights Act 2015. Unfair terms Effectively CRA 2015 merged Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999), SI 1999/2083 (for consumer contracts, UCTA 1977 continues to apply to business to business contracts) and the CRA 2015 retained existing provisions on unfair terms. The fairness test is extended to consumer notices (CRA 2015, s 61). The fairness test will be extended to consumer notices if they relate

Your question raises the security of tenure enjoyed by tenants of commercial premises. Although the common law provides for the termination of their leases, statute gives a degree of security of tenure both before and after the final day of the contractual term. When a tenant occupies premises for the purposes of a business, unless the parties contract out of it, the lease has the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954). LTA 1954, s 24 provides that when the contractual term comes to an end, the lease is continued until brought to an end in accordance with the provisions of the Act. Usually, either the landlord will serve a notice under LTA 1954, s 25 or the tenant will serve one under LTA 1954, s 26. As your question is not concerned with the mechanics

What is a penalty clause? A penalty clause is a liquidated damages clause which the court will not enforce on the basis that the provision is excessive and as Clarke LJ stated in Makdessi 'where the amount to be paid or lost is out of all proportion to the loss attributable to the breach'. Liquidated damages clauses which are a genuine pre-estimate of the loss caused by the breach, or clauses requiring a defaulting party to pay sums already due (but unpaid) on termination following an event of breach will not be penal and so are enforceable. Our Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses considers in more detail liquidated damages clauses and when such clauses may be found to be unenforceable as being a penalty clause. This issue

By mixed use, it is understood that the lease is one where the greater part of the premises is adapted or at any rate intended to be used for the purposes of a business, while a smaller part has a residential flat or similar arrangement. The exact answer will depend on the specific terms of the lease. The starting point is that at common law, there is not even a duty to ensure that unfurnished premises are fit for human habitation. In Cavalier v Pope, the House of Lords decided that: A landlord who lets a house in a dangerous state is not liable to the tenant's customers or guests for accidents happening during the term: for, fraud apart, there is no law against letting a tumble-down house; and the tenant's remedy is upon his contract, if any. As the Court of Appeal noted in McNerny v Lambeth LBC,

The following Insurance & Reinsurance resources, providing useful practical commentary, legislation, rules and guidance for Insurance & Reinsurance lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to in the Insurance & Reinsurance content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). General Title Summary Who should use this resource? McGee: The Modern Law of Insurance McGee: The Modern Law of Insurance considers the insurance contract, insurer’s liability, settlement, protection of third parties and specific types of insurance. Lawyers advising on insurance law. Halsbury’s Laws of England, Insurance, Volume 60 Halsbury's Laws of England provides the only comprehensive narrative statement of the law of England and Wales, covering every proposition of English law. The product is divided into

The wording ‘arising under or in connection with' is common in many limitation of liability clauses. Precedent: Software licence—pro-supplier, uses the following formulation: ‘The extent of the Supplier’s liability under or in connection with this Agreement (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation or under any indemnity) shall be as set out in this clause 12’. As the drafting note to that clause explains: • it is important to describe the general scope and extent of any limitations of liability because any ambiguities are construed strictly against the party seeking to rely on them (the contra proferentem rule) • the words ‘under or in connection with the

The Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to make a ‘relevant disposal’. The landlord is required to serve a notice under LTA 1987, s 5 before making the disposal, allowing the qualifying tenants to exercise the right. For details of when the right applies, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. LTA 1987, s 4(2)(i) provides that, among the various other exceptions, a relevant disposal does not include 'a disposal in pursuance of a contract, option or right of pre-emption binding on the landlord'. In

This Q&A assumes that; • the lease remains unregistered • it is the first transfer of the landlord’s freehold since the grant of the lease • the transfer of the freehold took place recently and the provisions of the Land Registration Act 2002 apply to that transfer A lease granted in the year 2000 for more than 21 years and: • made for valuable or other consideration, • by way of a gift, or • in pursuance of an order of any court was compulsorily registrable under section 123 of the Land Registration Act 1925. If such a lease was not registered within the ‘applicable period’ (usually 2 months beginning with the date of grant), then the grant became void and took effect as if it were a contract to grant or create that estate made for valuable

Since 28 February 1997 the majority of assured tenancies are assured shorthold tenancies (ASTs). Any tenancy granted after 28 February 1997 is automatically an AST unless: • a notice is served stating that the tenancy is not an AST, or • it is written in the agreement that it is not an AST, or • an exception applies For further information, see Practice Note: Granting assured and assured shorthold tenancies—pre-Renters' Rights Act 2025 position, in particular the section ‘Criteria for AST’. To determine whether or not an AST is completed, it is important to consider the type of document that the parties signed, ie whether the document was a deed or simple contract. The particulars of the agreement completed are important here, to ascertain whether

The due diligence procedural questions contained in this form will be applied to donations over £[x], according to the levels of risk. The answers to these questions will assist in the process of deciding whether or not to make a donation. To be completed by [person(s) making that decision, eg the Risk team]. 1 General Proposed recipient [Insert name] Date [Insert date] Internal contact [Insert name] 2 The donation Amount of proposed donation (in £) £[Insert amount] Reason(s) for donation [Insert reason(s)] Is/are the reason(s) for donation clear and legitimate? ☐ Yes☐ No—the donation must not be made Could the timing of the donation influence the award of business or a contract, or be perceived to? ☐ Yes—refer to [insert name, eg Anti-bribery and Corruption (ABC) Officer]☐ No Has the donation been proposed, requested or arranged through a third party? ☐ Yes—refer to [insert name,

In order to qualify for statutory maternity pay (SMP), an employee must: • have completed the required period of continuous employment • have met the necessary earnings threshold • have become pregnant and have reached, or given birth before reaching, the commencement of the 11th week before the expected week of confinement • have given the requisite notice to the relevant employer (who will be liable to pay the SMP) • be off work The SMP period is 39 consecutive weeks. Employees are not entitled to any payment after the SMP period unless they are entitled to any contractual maternity payment. During the SMP period, SMP is not payable in respect of any week during any part of which an employee works under a contract of employment for her employer; for these purposes it

The ‘right to picket’ provisions in section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) provide protection from any liability arising from a worker’s attendance at or near certain premises for the purpose of peaceful picketing. It is a right to be at a certain place so as to have the opportunity of persuading fellow workers and/or suppliers not to cross the picket line. The 'right to picket' does not itself include a right to persuade. However, the actions on a picket line may give rise to a number of potential liabilities in tort for both the pickets and the organising union (such as the ‘industrial tort’ of inducing a person to break a contract). TULR(C)A 1992, s 220, provides no defence against any of these torts, but it may be possible by virtue of the statutory immunity offered by TULR(C)A 1992, s 219 to engage in the activity of peaceful