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Q&As
Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows for the collective enfranchisement by qualifying tenants of flats of the premises within which their flats are contained. The process is commenced by the service of a notice (known as the initial notice) under LRHUDA 1993, s 13, whereby the qualifying tenants give notice to the relevant landlord of their claim to exercise the right to enfranchise. LRHUDA 1993, s 13(2) provides that the notice must, where LRHUDA 1993, s 9(2) applies, be given to the reversioner in respect of the premises, and, where LRHUDA 1993, s 9(2A) applies, to the person specified in the notice as the recipient. In the latter case, LRHUDA 1993, s 9(2A) provides that
NEWS
Banking & Finance analysis: This case involved an action by the owner of a construction project to enforce the obligations of two banks under on-demand bonds. The banks issued the bonds to secure performance of a contractor’s obligations under a construction contract to build a fertiliser plant in Russia. The contractor had suspended its services under the contract after the EU imposed sanctions against the ultimate beneficial owner of the construction project. The project owner terminated the construction contract and issued demands against the banks under the bonds. The banks refused to pay on the basis that EU sanctions prohibited payment. The court agreed that the banks were prohibited from making payments under the bonds, as those bonds had been frozen by applicable EU sanctions. In reaching its decision, the court relied heavily on the rule in Ralli Brothers and the determination of the place of performance of the bonds. In making its decision, the court determined that the place of performance of the bonds was in the jurisdiction of the relevant banks, rejecting the owner’s argument that the place of performance was Russia, where the owner’s account was located. Written by Robert Aulsebrook, senior counsel at Akin Gump LLP.
GLOSSARY
A share buyback is an on-market buyback if it is made on a recognised investment exchange and it is subject to a marketing arrangement on that exchange (ie it is not an off-market share buyback). Therefore a public company with shares traded on certain markets, including the Main Market or AIM, may make an on-market purchase or an off-market purchase.
GLOSSARY
Software or infrastructure installed or located within the physical premises of an organisation. Usually used to describe traditional or non-cloud IT resources.
PRECEDENTS
Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: If there is something wrong with the services provided to you, the remedies for services will apply. If there is something wrong with your goods, the remedies for goods will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree the most appropriate course of action with you. Summary of some of your key rights (goods): The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: • up to 30 days: if your goods are faulty, you can get a refund; • up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund in most cases; • up to six years:
PRECEDENTS
Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: • up to 30 days: if your goods are faulty, you can get a refund; • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; • up to six years: if the goods do not last a reasonable length of time you may be entitled to some money back. You DON’T have a legal right to a refund or replacement just because you change your mind, BUT please ask us about our returns policy as we may still be able to help. This is a summary of some of your key rights. For detailed information from Citizens Advice please
PRECEDENTS
Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Rights Act 2015 says: • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it; • if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; • if a time hasn’t been agreed upfront, it must be carried out within a reasonable time. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully. This contract sets out: • your legal rights and responsibilities; • our legal rights and responsibilities; and • certain key information required by law. This contract applies where
GLOSSARY
An ‘on-premises contract’ is a contract between a trader and a consumer which is neither a distance contract nor an off-premises contract.
PRACTICE NOTES
This Practice Note sets out which local authorities can permit and control on-street parking, noting that this power is limited to roads and needs the consent of the highway authority or other person responsible for the maintenance of the road. It explains how local authorities may make charges for designated on-street parking places, including the use of parking meters and parking devices. Local authorities Parking a vehicle on a highway is at common law an obstruction of the public right of passage, but stopping has always been allowed for loading and unloading the vehicle and (for reasonable periods) during meal breaks or in case of mechanical breakdown. In any event, it is arguably not a real obstruction (ie not a nuisance at common law) if there is plenty of room to get past the parked vehicle. The Road Traffic Regulation Acts solved the problem by authorising some local authorities to permit on-street parking. With the permitting came control and then parking charges. Outside Greater London, the local authorities that can permit and control on-street parking
Q&As
Reporting after a Child Student completes their course Under the Home Office’s Student Sponsor Guidance document: Sponsorship duties, reporting is only required where there is a reportable change; these are set out in the ‘Changes to student circumstances’ table under para 7.5 of the guidance. Routine, on‑schedule completion on the CAS end date is not listed as a reportable event. Separately, para 3.13 to the guidance confirms that small variances in the course end date around the CAS date (where dates shift back or forward by one to two weeks) are not treated as non‑compliance, but, as best practice, sponsors
Q&As
As with other public procurement procedures, changing the terms of the original tender in a Dynamic Purchasing System (DPS) requires a new procurement exercise, just as substantial modification to the terms of existing contract awards is not permissible without a new procurement procedure. However, in a DPS it is possible after tenderers have been admitted to the system, for contracting authorities to specify additional terms for the purposes of call-offs. Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 34 governs DPS procurement. Hence, the terms of PCR 2015, SI 2015/102, reg 34 must be the starting point for answering these questions. First, PCR 2015, SI 2015/102, reg 34(2) provides that all stages of procurement under a DPS must be by electronic means. It then provides that the DPS shall be open throughout the period of its validity
Q&As
Compulsory school age Children of compulsory school age are required to be in education (although not necessarily in school). A child begins to be of compulsory school age: • when they attain the age of five, if they attain that age on a prescribed day, and • otherwise at the beginning of the prescribed day next following their attaining that age The prescribed days for the start of compulsory school age are 31 August, 31 December and 31 March in each year. A person ceases to be of compulsory school age at the end of the day which is the school leaving date for the school year during which they have their 16th birthday. The school leaving date is the last Friday in June. However, note that