There are, so far as the author is aware, no reported judgments, rules, practice directions, or practice notes setting out relevant principles for whether the court will include a penal notice on an order granting an injunction (whether mandatory or prohibitory). It is likely that there are a number of reasons for this. First, the purpose of a penal notice being endorsed on an order is to assist in enforcing that order through an application for committal for contempt of court. CPR 81 has always included a provision to the effect that an application for committal must state whether the relevant order contained a penal notice (this requirement is set out in CPR 81.4(2)(e) in the current iteration of CPR 81). It follows that the emphasis in the authorities considering penal notices very much rests on whether the court ought to waive the requirement for a penal notice (see, for example, Serious Organised Crime Agency v

There are four classes of title which can be registered at HM Land Registry under the Land Registration Act 2002 (LRA 2002): • absolute • good • qualified • possessory The highest title is absolute and will only be registered where the registrar is of the opinion that the person’s title to the estate is such as a willing buyer could properly be advised by a competent professional adviser to accept and the lessor’s title to grant it is approved. If the registrar takes that view in relation to the lessee’s title but not that of the lessor, then they will register it as ‘good title’. It will be qualified where either lessee or lessor’s title has been established only for a limited period or is subject to certain reservations which cannot be disregarded on the basis that the defect will not cause the holding under the title to be disturbed. In any other case, or where the registrar is

Stamp duty land tax (SDLT) is a tax on land transactions. Strict time limits for reporting land transactions and for paying the tax are reinforced by penalties and interest charges. The Land Registry cannot register a notifiable transaction without confirmation that SDLT has been properly dealt with. Who confirms the accuracy of information and on what basis can an appointed representative confirm the accuracy Paragraph 1 of Schedule 10, Part 1 to the Finance Act 2003 (FA 2003) provides that a land transaction return (‘LTR’) must 'include a declaration by the purchaser (or each of them) that the return is to the best of his knowledge correct and complete'. HMRC has provided guidance on completing a LTR (SDLT1) and, in relation to the declaration, state 'the purchaser is responsible for the information given in this SDLT return and in any supplementary forms or schedules'. For further information,

This Q&A covers procurements carried out under Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and where the request to clarify the bid has been made after the deadline for bids to be submitted. General rule There is no general duty on a contracting authority to allow a bidder to correct its tender. In J.B Leadbitter v Devon County Council, the authority rejected the tender based on the fact it was incomplete and the court ruled that the contracting authority did not have a general duty to admit a late tender or allow the correction of a non-conforming tender. In R (on the application of Hersi & Co Solicitors) v Lord Chancellor (as successor to the Legal Services Commission), Coulson J also held It is the responsibility of the tender to submit a full, complete and compliant tender and does

For the purposes of this Q&A we have focussed on eviction without a possession order and the grounds for obtaining one. Eviction without a possession order There is a crucial distinction to be drawn between residential and commercial tenancies. Normally, a residential tenant cannot be evicted without a court order for possession. If the lease provides otherwise that provision is illegal and will be considered

The first point is that the question is concerned with a judgment rather than an order, suggesting that the matter which would be the subject of the application to amend or set aside is a finding in a judgment rather than the actual terms of the order itself. The suggestion that the judgment might be set aside or the subject of an appeal in those circumstances is an odd one however. Although now largely immaterial, the distinction between a judgment and an order is that the former contains the reasons for and the final decision of the court in an action in civil proceedings, while the latter is the official pronouncement of the consequences of the judgment (ie

The Landlord and Tenant Act 1988, which imposes duties on landlords to respond to applications for consent to assign or underlet within a reasonable time and providing written reasons, does not apply to change of use. There is no equivalent provision to assist tenants. Where a tenant covenant requires landlord’s consent before a specified act is committed (eg keeping pets or replacing carpets with, say, rugs) and there is no statutory duty on the landlord to refrain from unreasonably withholding consent, then the courts have shown a willingness to imply a further term that the power to withhold approval should be exercised in good faith and that the approval ought not be withheld arbitrarily (Lymington Marina Ltd v MacNamara. However, the courts have equally clarified that such an implied term would not require the landlord to withhold consent only

Scope of judicial review Judicial review potentially permits challenges to a wide range of decisions, actions or failures to act in relation to the exercise of a public function. The circumstances and governing principles of judicial review are therefore numerous and complex. Whether a matter will be amenable to judicial review will depend on the subject matter and circumstances. That the defendant is a public body is not the only consideration. Case law shows that in some instances a decision of a public body will not be amenable to judicial review, while some decisions of an apparently private body will be. Depending on the circumstances, private bodies performing quasi-governmental functions in the public interest may or may not find their decisions amenable to judicial review. The court in R v Panel on Take-overs and Mergers, ex p Datafin

In answering this Q&A, we assume the contract is a general business to business commercial contract in respect of which no specific sector or regulatory rules apply. An unenforceable contract can be distinguished from a void and voidable contract as: • one that is valid (ie capable of producing a

This Q&A includes links to the draft Data Protection Bill 2017 (DPB 2017), all links to the DPB 2017 are to the draft version of the Bill as amended on report and published on 10 January 2018. Key definitions The terms ‘personal data’ and ‘biometric data’ are defined by Articles 4(1) and 4(14) of Regulation (EU) 2016/679, GDPR. For more information see, Practice Note: Introduction to the EU GDPR and UK GDPR which includes a section on Personal data. Conditions for processing special categories of personal data Article 9(1) of Regulation (EU) 2016/679, GDPR prohibits the processing of special categories of personal data, which includes ‘biometic data for the purposes of uniquely identifying a natural person’. The definition in the GDPR states this includes, for example, facial images and dactyloscopic data. Article 9(2) of Regulation

Registration of persons carrying on regulated activities GP practices must be registered with the Care Quality Commission (CQC). Section 10 of the Health and Social Care Act 2008 (HSCA 2008) stipulates that ‘any person who carries on a regulated activity without being registered under this Chapter in respect of the carrying on of that activity is guilty of an offence’. GP

The Companies Act 2006 (CA 2006) includes two distinct sets of provision in relation to derivative claims. CA 2006, ss 260–264 set out the law and (primarily) procedure in relation to derivative claims in England and Wales and Northern Ireland. CA 2006, ss 265–269 set out the same in relation to derivative ‘proceedings’ in Scotland. Although the procedures are largely the same, it is apparent that CA 2006, ss 260–264 cover