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Q&As
Where the fixed term of an assured shorthold tenancy (AST) expires by effluxion of time, a periodic tenancy arises by virtue of section 5(2) of the Housing Act 1988 (HA 1988). By HA 1988, s 5(3), the terms of the periodic tenancy (among
Q&As
The procedural requirements for making an article 4 direction are set out in Schedule 3 to the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (SI 2015/596, Sch 3). These include a requirement to publish the direction, by local advertisement, site display and serving a notice on owners and occupiers of every part of the land to which the direction relates (see SI 2015/596, Sch 3, para 1(1)). The direction only comes into force once the local planning
Q&As
Erection of signage As explained in Practice Note: Acquisition of easements by long use, for an easement to be established by long use, the user must be ‘as of right’ and not as a result of: • force • secrecy • permission of the servient owner (this requires an unequivocal overt act—the grant of a personal licence was held not to amount to a positive act evidencing an implied licence to a subsequent owner following expiry of the licence. It was immaterial that the servient owner was not actually aware of the change in ownership of the
NEWS
Arbitration analysis: This dispute is a rare case of two competing court interventions in relation to an arbitration. A non-seat court in Delhi decided to exercise certain supervisory functions by issuing an anti-arbitration injunction. The seat court in Singapore disagreed that the non-seat court had the jurisdiction to do so, and also issued an anti-suit injunction. EPIL (the contractor) sought to set aside a Singapore-seated partial award in the Singapore High Court. The Singapore High Court (as the seat court) dismissed EPIL’s setting aside application, and its attempt to introduce apparent bias of an arbitrator as an additional ground for setting aside. While EPIL brought another challenge application against the same arbitrator in Singapore, it has commenced proceedings in the Delhi Court also to challenge the arbitrator, and to enjoin the counterparty (MSA, the sub-contractor) from continuing with the Arbitration. The Singapore Court first granted an interim anti-suit injunction for the Delhi Proceedings. But the Delhi Proceedings carried on, and led to an interim anti-arbitration injunction by the Delhi Proceedings. The Singapore Court in its judgment granted a permanent anti-suit injunction against EPIL in relation to the Delhi Proceedings, finding also that the Delhi Court had no power to intervene in the Arbitration. Written by Violet Huang, counsel at Colin Seow Chambers.
NEWS
IP analysis: The Court of Appeal has dismissed the majority of an appeal against a decision by HHJ Melissa Clarke at the Intellectual Property Enterprise Court (IPEC). The first instance decision was that the trade marks of the British Amateur Gymnastics Association (BAGA) had been infringed, and that UK Gymnastics Ltd (UKG) were passing themselves off as a national governing body (NGB) for gymnastics. Written by Philip Partington, Head of Intellectual Property, and Lakmal Walawage, associate in Intellectual Property, at JMW Solicitors LLP.
GLOSSARY
Use of the network which involves breakout onto the public electronic communications network only at one end. For example, an communications provider in the UK could collect traffic on leased lines, switch it to a leased line for onward transit to the destination country, and then break out onto the public telecommunication network there. Alternatively an communications provider in a foreign country could collect traffic off a private network abroad, and terminate it on the public electronic communications network in the UK.
NEWS
Law360: Pensioners-to-be should check their state pension pots to avoid a 'nasty surprise', a retirement specialist said on 13 February 2024 as it published a survey showing that many opt not to look at their forecast before retiring.
NEWS
Restructuring & Insolvency analysis: The court was asked to decide whether the respondents had a proprietary interest in monies paid out by the company’s insurer in relation to the claim brought by the respondents against the company for professional negligence. The twist was that the company had been outside any insolvency process on receipt of payment but went into a creditors’ voluntary liquidation very shortly after and before anything was done with the monies received. The court decided that there was no such proprietary interest, and so what remained of the insurance pay-out would be divided among the general body of creditors in the usual way. This is rather unsatisfactory given it seems to expose a gap in the Third Party (Rights Against Insurers) Act 2010 (TP(RAI)A 2010), but the reasoning is worth examining as it may reveal a potential work-around for those with some influence over their contractors’ insurance policies. Written by Piers Digby, barrister at Radcliffe Chambers.
PRACTICE NOTES
The Lexis+® UK Financial Services team's One minute guides are a series of Practice Notes containing a quick guide to Financial Services regulatory topics. They are intended to get the reader up to speed quickly. The One minute guides listed below are summary guides only and cover a selection of Financial Services topics. For more detailed guidance on these, and other Financial Services topics, see the Lexis+® UK Financial Services essentials Practice Notes, which are listed in Essentials Practice Notes—financial services. For an introduction to the Lexis+® UK Financial Services content types, see Practice Note: Financial Services—getting started guide. EU (and EU derived) FS regulation one minute guides • Appealing against a European Supervisory Authority decision—one minute guide [Archived]—this one minute guide explains the rules and procedures any natural or legal person, including national competent authorities can take to file an appeal to the Board of Appeal against a decision made by one of the European Supervisory Authorities (ESAs). Find this Practice Note, along with further information on EU financial services regulators, in Financial Services EU regulators—financial
Q&As
The answer to this must involve consideration of both how you deal with the person who has made the complaint and how you deal with the alleged harasser. Dealing with the complaint generally Any allegation of harassment must be taken seriously and you should act promptly and in confidence. If you already have a policy on harassment then you should follow that. For an example of a policy, see Policy—harassment and bullying. Investigation Whether or not you have a harassment policy, the first priority for you must be to establish the facts. You should appoint a suitable person, who is not connected with the allegation and is of sufficient seniority, to conduct a thorough investigation. In conducting the investigation, the investigator should: • talk to the employee in private first to establish what has happened and what they want to do about it • interview any other witnesses to see if they have relevant evidence to give • due to
Q&As
If a document has not been witnessed, check first whether it was necessary given the legal nature of the relevant document and the type of entity signing it. When is a signature on a document required to be witnessed? Simple agreements do not have to be witnessed. Unless expressly required by statute, there is no general rule that the execution of a deed must be attested by a witness. The two most common situations in which attestation of a deed is required are execution by an individual and execution by an individual director on behalf of a company. For more information on execution requirements (including witnesses) and sample execution clauses for specific types of entities, see Signing—overview. Having a document witnessed is a way of proving its execution so even though not all documents have to be witnessed, as a matter of best practice, commercial documents usually are. Type of document Type of signatory Witness required Simple agreement Individual No Deed Individual
Q&As
In this scenario, we assume that a lease has been granted or assigned to two individuals in their capacity as trustees. A trust, such as a charitable trust, does not have a separate legal identity and relies on trustees to hold assets such as land. The grant or assignment of the lease to the trustees will have vested the legal title to the leasehold interest in the property in the trustees.