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GLOSSARY
An annuity contract introduced by section 32 of the Finance Act 1981 to transfer liability from an occupational pension to the insurer of a pension arrangement.
NEWS
This week's edition of Local Government weekly highlights includes: case analysis of Re E (Section 37 Direction) on the scope of the court's powers under section 37(1) of the Children Act 1989 to direct an LA to carry out an investigation into a child’s circumstances and the consequential power to make interim public law orders under section 38(1)(b). Case reports include R (AA) v Waltham Forest LBC, in which the court ruled on an application for judicial review of a HNAPHP prepared by the LA for alleged failures to fulfill duties under section 189A of the Housing Act 1996; Triathlon Homes LLP v Stratford Village Development Partnership (SSHCLG intervening), in which the court dismissed an appeal finding it just and equitable to make RCOs which can be made in respect of costs incurred before Building Safety Act 2022 came into force; Rose (Mill Road Bridge 2) v Cambridgeshire CC, in which the court considered a judicial review application concerning the validity of a council-ordered traffic regulation; and R (John Morley) v Surrey Heath BC, in which the court ruled on recovery of council tax arrears by the LA but the summons was found to be unlawful and relief refused as it demanded costs for obtaining a liability order and alternatives to judicial review were available. It also includes coverage of the government’s ten-year health plan, the 2025 Keeping children safe in education statutory guidance, Uber’s fights to overturn taxi contract ruling at the UK Supreme Court and the Coronavirus (COVID-19) inquiry Module 1 implementation update. It also includes further updates on Children’s social care, Healthcare, Education, Licensing, Social housing, Highways, Local government finance, Governance, Social care and Planning.
PRACTICE NOTES
In brief Data protection laws in the EEA (the EU plus Iceland, Norway, and Liechtenstein) seek to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, EEA data protection laws impose a large number of obligations on those ‘processing’ personal data (and on controllers of such processing). ‘Processing’ is broadly defined to include doing most things with data, including storing, deleting, collecting, disclosing or using it. One of the key protections under EEA data protection laws is the set of obligations placed on ‘controllers’ (usually meaning those that decide the purposes and means of processing) and ‘processors’ (those that process personal data on behalf of a controller further to the controller’s instructions). Among other things, EEA data protection laws usually require controllers and processors to put in place contracts containing certain minimum provisions and ensure any processor(s) they engage are suitable. In an outsourcing arrangement, the customer will often act as controller and the supplier as its processor. This Practice Note introduces the requirements
PRACTICE NOTES
This material considers the UK GDPR regime, and legislative links are to Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR), except where expressly stated otherwise. It also takes account of the Data (Use and Access) Act 2025 (DUAA 2025) (see Practice Note: Data (Use and Access) Act 2025—employment implications). An employer will usually wish to process, ie collect, use and record, data concerning an individual’s health (health information) in a number of different circumstances. Before processing health information relating to a current or prospective employee or worker, the employer will need to consider whether that processing is lawful under Assimilated Regulation (EU) 2016/679, UK GDPR and Data Protection Act 2018 (DPA 2018). In addition to the matters examined in detail in this Practice Note, the employer should also consider the following: • if the employer wishes to obtain a medical report from an individual’s GP or specialist, or another medical practitioner responsible for the individual's clinical care, the requirements of the Access to Medical Reports Act 1988 (AMRA 1988) will apply. For further
GLOSSARY
An action for non-delivery is where the buyer may maintain an action against the seller for damages for non-delivery under a contract of sale.
GLOSSARY
The contra proferentem rule is used when interpreting an ambiguous clause within a contract; should a clause appear to be equivocal the words should be construed against the interests of the person who insisted that the clause be included.
GLOSSARY
A del credere agent guarantees the performance of the contract for the principal by the third party in return for extra commission.
GLOSSARY
A multi-party partnership contract intended to promote the development of a non-adversarial relationship. Published by the Association of Consultant Architects (ACA).
LOD
GLOSSARY
Load of Documents. Contractual document review mechanism whereby documents and records pertaining to a specific contract are submitted together as a LOD.
GLOSSARY
Broadly, a life assurance policy, contract for a life annuity or capital redemption policy where the policyholder has the power to select the underlying investments.
PRECEDENTS
This Agreement is made on [date]. Parties 1 [Proprietor’s name] of [insert address] (the Proprietor); and 2 [Publisher name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Publisher). The parties agree: 1 Definitions and interpretation 1.1 In this Agreement the following terms shall have the following meanings: Accounting Date • means the date 90 days from the end of each Accounting Period; Accounting Period • means successive periods ending on 30 June and 31 December in each year; Advance • means the monies payable under clause 4.1; Additional Advance • means the monies payable under clause 4.2; [Agent • means [insert Proprietor’s agent’s name];] AI-Assisted Material • means any material created with the assistance of an AI Tool but involving human authorship and control; AI-Generated Material • means any material generated wholly or substantially by an AI Tool without direct human authorship; AI Tool • means any software, model, system or tool (including any generative artificial intelligence system) capable of creating, generating, modifying, analysing or processing new content based on data on which they have been trained when prompted by a user (and including, without limitation, ChatGPT, Gemini and Claude); Audio Format
PRACTICE NOTES
Conduct is a potentially fair reason for dismissal. Dismissals for misconduct are probably the most frequent category of unfair dismissal claim brought before the employment tribunal. The conduct does not have to be of any particular character. It does not have to be 'reprehensible' or even 'culpable' for it to constitute a potentially fair reason, although the extent to which the claimant is blameworthy may be relevant when considering whether or not dismissal was a fair sanction in all the circumstances and also when assessing compensation, see: Appropriateness of dismissal: general below and Practice Note: The unfair dismissal compensatory award—Contributory fault. Dismissal for an isolated incident of misconduct will rarely be fair although, in some circumstances, the incident will be sufficiently serious to justify dismissal for a first offence. Generally, dismissal for misconduct will only be a reasonable sanction if the employee had committed earlier acts of misconduct and been warned that further incidents may lead to dismissal. Refusal to comply with instructions An employee is under a general obligation to follow lawful and reasonable instructions