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Q&As
The Renting Homes (Wales) Act 2016 (RH(W)A 2016) provides for two types of occupation contract; standard and secure. Standard contracts may be fixed term or periodic; secure contracts are always periodic. See RH(W)A 2016, ss 1 and 8. The general rule is that an occupation contract made with or adopted by a community landlord (as defined in RH(W)A 2016, s 9) will be a secure contract and an occupation contract made with or adopted by a private landlord (as defined in RH(W)A 2016, s 10) will be a standard contract. The principle of flexibility running throughout RH(W)A 2016 provides the facility for community landlords to enter into standard
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EU Law analysis: James Clark, Verena Grentzenberg and Heidi Waem, partners at DLA Piper, analyse the final version of the European Data Protection Board (EDPB) Guidelines 2/2023 on the technical scope of Article 5(3) of Directive 2002/58/EC, the ePrivacy Directive. They consider how the EDPB interprets the ‘cookie rule’, the technologies within scope, and practical implications of the Guidelines.
Q&As
If a foreign company is dissolved or ceases to exist, any property held by that company in England and Wales is likely to revert to the Crown. This process is known as ‘escheat.’ See Escheat—a brief guidance note by the Crown
Q&As
The ultimate answer to this Q&A will depend upon whether the debtor was aware of the claim prior to entering into an individual voluntary arrangement (IVA), or whether the claim itself is disputed. The former employee might be prevented from bringing proceedings against the debtor if: • the IVA contains provisions that bind creditors to agree not to bring proceedings while the IVA is in force; and • the employee is considered a 'creditor' under the IVA, in that the employee has an identifiable claim against the debtor which would entitle it to a definite remedy (ie more than the potential for a court to make a discretionary award in proceedings) If the two points above apply in respect of the employee’s claim, then they simply can’t bring an Employment Tribunal (ET) claim and (depending on the wording of the IVA)
Q&As
Rights when assignee’s lease forfeited because of a former leaseholder’s breach The personal liability of an assignee for breaches which occur before the assignment of a lease is limited and a tenant is usually only liable where there is an express covenant in the lease covering such breaches. This is because, in the absence of an express provision, there is no covenant that the landlord can enforce against the assignee in respect of breaches which were completed before the assignment of the lease. Forfeiture
Q&As
We have assumed that the pension scheme concerned is a defined benefit scheme and that the former MND is a member of the scheme. Whether the former MND should first challenge the result of the MND election through the pension scheme’s internal dispute resolution procedure or complain directly to the Pensions Regulator depends on the nature and seriousness of the breach. Under section 10 of the Pensions Act 1995, the Pensions Regulator has the power to fine trustees for breach of the statutory requirement to put in place and implement arrangements which provide for at least one-third of the total number of directors of a corporate trustee to be MNDs under section 242 of the Pensions Act 2004,
Q&As
This is a ‘new’ lease under the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). Accordingly, presumably the former tenant is liable for arrears under the terms of an authorised guarantee agreement (AGA) (in respect of which, see Practice Note: Lease covenants—liability after assignment of a lease or its reversion), and subject to the provisions of LT(C)A 1995, s 17 (which has been confirmed as not relevant to this Q&A, but in the event you do require further guidance in that regard, see Practice Note: Former tenants, guarantors and overriding leases). Discharge releases the bankrupt from all bankruptcy debts (section 281 of the Insolvency Act 1986 (IA 1986)). A bankruptcy debt includes any debt or liability
Q&As
The categories of applicant Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) specifies the categories of people who are entitled to apply under I(PFD)A 1975 on the basis they have not received reasonable financial provision from the estate. These are: • a spouse or civil partner • a former spouse or civil partner who has not remarried or entered into a civil partnership • a cohabitant, defined in I(PFD)A 1975, ss 1(1A) and 1(1B) as someone who was living with the deceased as a spouse or civil partner for at least two years immediately prior to the death • a child of the deceased • a person treated by the
Q&As
In answering this Q&A we assume that: • the lease expired before the landlord sold their reversionary interest, and • the landlord did not undertake any of the disrepair works before selling the reversion. If they did, the response will need to be reformulated Is the old landlord entitled to claim dilapidations, ie did the old landlord retain entitlement to claim dilapidations when they sold the reversion? On the assumption that the lease expired before the landlord sold their reversionary interest, the usual rules regarding transmission of the benefit of lessee covenants upon assignment of the reversionary interest may not apply in quite the same way because the lease will already have come to an end before the assignment. However, as a reminder, the usual position upon assignment of the reversion
Q&As
GDPR The General Data Protection Regulation (GDPR) Regulation (EU) 2016/679 provides a framework to protect individuals with regards to the processing of personal data whilst promoting the free movement of such data. The Data Protection Act 2018 incorporates the GDPR into the Law of England and Wales. As such it applies to the handling of data in insolvency proceedings in this jurisdiction. For comprehensive information and an overview of GDPR regime, see: UK data protection law collection. GDPR and Insolvency Proceedings As stated in the question, section 312(2)(b) of the Insolvency Act 1986 (IA 1986) imposes a duty on the prior trustee in bankruptcy to deliver property and records to the new trustee in bankruptcy. It is important to note that this obligation has serious