An ostensible agent is a person who appears, from the words or conduct of a principal, to have authority to act on that principal’s behalf, even if no actual authority was granted. In practice, this arises where the principal represents, or allows it to be represented, that someone is their agent, and a third party reasonably relies on that representation when entering into a transaction.The concept is closely linked to “apparent authority” and the doctrine of estoppel. An ostensible agent’s acts can bind the principal as against an innocent third party, particularly in commercial, employment, medical negligence and vicarious liability contexts.In England and Wales and Northern Ireland, the principles are primarily case law–based (for example, on authority and holding-out in agency and partnership law). In Scotland, similar ideas arise through the law of mandate and personal bar. In Ireland, common law mirrors the position in England and Wales.Key issues for practitioners include identifying any representation by the principal, assessing the third party’s reliance and reasonableness, and allocating risk where authority is uncertain or disputed.

Ostensible authority (apparent authority, often called agency by estoppel) describes when a principal is bound by an agent’s acts, despite the agent lacking actual authority, because the principal’s words or conduct amount to a representation that the agent is authorised and a third party reasonably relies on it.In England & Wales and Northern Ireland, this common law doctrine (e.g., Freeman & Lockyer v Buckhurst Park; Armagas v Mundogas) requires: (1) a representation by the principal, which may arise from “holding out”, including appointing the agent to a role or title; (2) reliance by the third party acting in good faith; and (3) a transaction of a kind usually within the authority of someone in that position. An agent’s own assertion of authority is insufficient unless the principal has held them out as able to make such statements.Scots law uses the closely aligned concept of apparent authority, grounded in personal bar, with substantially similar effect. Irish law applies the same principles; the Companies Act 2014 provides additional protection for persons dealing with companies in good faith.In company law, section 40 Companies Act 2006 similarly protects third parties and complements, rather than replaces, ostensible authority. Knowledge of the lack of authority or unreasonable reliance defeats the claim; revocation requires notice.

This Practice Note provides guidance on an individual’s rights as a data subject in the employment context. It reflects the UK GDPR regime, and legislative links are to Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), unless expressly stated otherwise. This Practice Note considers key issues for employment lawyers including the rights to request rectification, erasure (right to be forgotten) and restriction of processing, the right to data portability, the right to object to processing and the right not to be subject to decisions based on automated decision-making and profiling. For an overview of the key themes of Assimilated Regulation (EU) 2016/679, UK GDPR and DPA 2018 and guidance on particular issues of relevance to employment lawyers, see Practice Notes: • The UK GDPR and DPA 2018: key data protection issues for employment lawyers, and • The UK GDPR and DPA 2018: lawful processing of personal data in employment Data subject rights Individuals (as data subjects) have a number of rights in respect

This Practice Note contains Q&As relating to practical execution issues relevant to other formalities which may apply when executing documents in commercial transactions. Notaries and notarisation • Can an English solicitor legalise a notarial deed of transfer governed by Dutch law? Verification of documents and information Oaths • When administering an oath, do I have to verify the deponent’s identity? • Do you have a certificate of translation as a Precedent? Statutory declaration • Can an invalid statutory declaration be binding as a simple contract? • Are there any restrictions on who can sign a statutory declaration on behalf of a company and who can witness it? • Is

General damages General damages comprise those heads of loss (past and future) that are non-pecuniary and are not capable of precise calculation and, instead, an assessment of an appropriate sum is made. In practice, the term general damages is often used to refer only to the award for pain, suffering and loss of amenity (PSLA) and although this is the most common head of general damages, it is not the only one. Care must therefore be taken to ensure that both parties are aware of exactly what is being referred to, particularly during the course of settlement negotiations. For a more detailed explanation, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages? Within the general damages head of loss, there are additional awards that can fall within this category including: • handicap on the open labour market (Smith v Manchester Award) • loss of congenial employment • loss of use • loss of enjoyment of a holiday • marriage breakdown or loss of marriage opportunities • aggravated damages

Other international Q&A guides The following guides in a Q&A format relate to a specific topic and are answered with respect to a number of specified jurisdictions: • Lexology Panoramic: Private Banking and Wealth Management • Lexology Panoramic: Pensions and Retirement Plans • Lexology Panoramic: Tax on Inbound Investment • Lexology Panoramic: Foreign Investment Review

A money purchase arrangement other than a cash balance arrangement. An arrangement is an other money purchase arrangement where the member will be provided with money purchase benefits, and the amount that will be available to provide those benefits is calculated purely by reference to payments made under the arrangement by or on behalf of the member. This means that in an other money purchase arrangement the capital amount available to provide benefits (the member's ‘pot’) will derive wholly from actual contributions (or credits or transfers) made year on year.

The solicitors’ profession is highly regulated. As well as the primary legal regulators, such as the Legal Services Board (LSB) and Solicitors Regulation Authority (SRA), a number of other regulatory and public bodies are relevant to the profession and its regulatory regime. This Practice Note explains the role of the Financial Conduct authority (FCA), the Information Commission’s Office (ICO) and the Equality and Human Rights Commission (EHRC) in relation to the regulation of solicitors. For information on the primary legal regulators, see Practice Note: Relationship between legal regulators. Financial Conduct Authority (FCA) The FCA is the single statutory regulator of the financial services industry in the UK. Its role and objectives are mainly derived from the Financial Services and Markets Act 2000, as amended (FSMA 2000). The FCA is operationally independent of government and is funded entirely by the firms it regulates. The FCA Handbook is available online. The site contains all the rules and guidance issued by the FCA and various tools intended to make it easier to use the Handbook. It is

The Party Wall process derives from the Party Wall etc Act 1996 (PWA 1996). Unfortunately, the PWA 1996 does not contain any enforcement methods (see our Practice Note: Party Wall etc Act 1996—failure to follow procedures) and therefore enforcement can only be pursued under the common law. There is very little in the way of guidance or authorities in relation to enforcement of Party Wall Awards. A Party Wall Award does not have the status of a judicial judgment or tribunal decision and therefore you cannot simply apply to court for

EPCs The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962 make it illegal for a landlord to let out property that has an energy performance certificate (EPC) rating of F or G, subject to a number of exceptions and exemptions. SI 2015/962, regs 23–26 apply to domestic property, while non-domestic property is dealt with by SI 2015/962, regs 27–30. Where a local authority suspects that a landlord with a property in scope of the SI 2015/962 is not compliant, or has not sufficiently proved an exemption, the local authority can serve a compliance notice on the landlord requesting further information it considers necessary to confirm compliance. If this is not provided, or is provided and is not sufficient to prove compliance, the local authority may proceed to issuing a penalty notice. For more on this, see Practice Notes: Minimum energy efficiency standards (MEES)

No. The tenant housing association was correct to serve separate section 42 notices for each flat. The right to a new lease under Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) is conferred on a tenant of a flat–LRHUDA 1993, s 39. Unlike the

We have assumed that the purchasing company in question was not subject to any insolvency process immediately prior to its dissolution. It is also assumed that the agreement entered into is in nature similar to a conditional contract or option exercisable upon the happening of specific events. The dissolved company has a contingent personal right to purchase property under the agreement. A conditional contract is an agreement that only works if an uncertain event actually occurs. It is an agreement conditional