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PRECEDENTS
1 Interpretation 1.1 The following definitions and rules of interpretation apply in this Schedule: Customer’s Scheme • the [description of pension scheme(s)] currently operated by the Customer in respect of the Relevant Employees Onward Transfer Date • the date of transfer of Onward Transferring Employees of the Supplier pursuant to TUPE 2006 on expiry (or earlier termination) of this [ Outsourcing Contract]; Onward Transferring Employees • employees of the Supplier who will on expiry (or earlier termination) of the [Outsourcing Contract] automatically transfer under TUPE 2006 to the Customer or another employer Relevant Employee • [refer to employment definitions in the Outsourcing Contract] Supplier’s Scheme • the [description of pension scheme(s)] to be operated by the Supplier in respect of the service of the Relevant Employees after the Transfer Date Transfer Date • [insert date] TUPE 2006 • the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 2 Customer warranties 2.1 The Customer represents, warrants and undertakes to the Supplier that: 2.1.1 the Customer’s Scheme is a registered pension scheme under the Finance Act 2004 and there is no reason why its registration may be withdrawn or cease to apply 2.1.2 the Customer’s Scheme has at all times been operated and administered in accordance
PRACTICE NOTES
This ‘how to’ guide looks at how private sector landlords can serve a notice pursuant to section 8 of the Housing Act 1988 (HA 1988) to seek possession of a property in England let on an assured tenancy (AT), taking account of the reforms introduced by the Renters’ Rights Act 2025 (RRA 2025) from 1 May 2026. It covers the form and service of the notice, the grounds for possession and practical steps to be taken once a notice has been served. For further guidance on terminating assured tenancies in the private sector, see Practice Note: Private sector assured tenancies—terminating. Check the form of notice The section 8 notice must be in the prescribed form, or a form substantially to the same effect. Form 3A is identified in the Assured Tenancies (Private Rented Sector) (Prescribed Forms and Transitional Provisions) (England) Regulations 2026, SI 2026/354, reg 3, as being the version published by the Secretary of State from time to time. Guidance notes are also available. Check
GLOSSARY
Copyright is not infringed in a literary, dramatic, musical or artistic work where it amounts to fair dealing for the purposes of private study.
GLOSSARY
“Private telecommunication system” means any telecommunication system which— (a) is not a public telecommunication system, (b) is attached, directly or indirectly, to a public telecommunication system (whether or not for the purposes of the communication in question), and (c) includes apparatus which is both located in the United Kingdom and used (with or without other apparatus) for making the attachment to that public telecommunication system.
GLOSSARY
The re-registration of a private company limited by shares or a private company limited by guarantee as a public company limited by shares.
GLOSSARY
The re-registration of a private company limited by shares or a private company limited by guarantee as an unlimited company.
GLOSSARY
A trust in favour of ascertainable individuals.
GLOSSARY
The right or duty of a party to withhold a disclosed document from inspection.
GLOSSARY
A defence to defamation actions which relates to reports or statements which are protected on the basis that their content is important in the interests of free speech to the extent that they outweigh any reputational consideration.
PRACTICE NOTES
Background The concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number of different protections for defendants and witnesses at common law which are 'concerned with the protection of citizens against the abuse of powers by those investigating crimes'. Those disparate protections can be loosely categorised as: • a privilege against self-incrimination for witnesses in criminal, civil or other non-judicial investigative proceedings (such as coroners' inquests) • the right of a defendant not to give evidence at trial; and • the right to silence of a suspect during a pre-trial criminal investigation As set out below, the privilege is not absolute and statute has encroached on these various protections in a number of ways. The privilege against self-incrimination at common law The privilege against self-incrimination is a long-established common law privilege. The principle derives from common law as a reaction to prisoners being tortured into answering self-incriminating questions which would lead to their conviction in
GLOSSARY
In practice, the privilege against self-incrimination allows a person to refuse to answer questions or provide information in proceedings or investigations where doing so would create a real and appreciable risk of criminal prosecution or a criminal penalty. It is a common law principle recognised through case law and Article 6 ECHR across England & Wales, Scotland, Northern Ireland and Ireland, and is modified in places by statute.Key features:- Applies in criminal, civil, regulatory and disciplinary contexts (including disclosure, interrogatories and compelled interviews).- Must be claimed by the individual when the risk arises; courts may require the claimant to show a proper basis. It cannot be used to resist non-incriminating questions.- Belongs to natural persons, not corporations (though company officers may claim personally).- Protects compelled testimonial communications; it generally does not extend to real/physical evidence (e.g. fingerprints, breath tests).In criminal cases, the right to silence and the ban on using compelled statements at trial are core (ECHR). England & Wales and Northern Ireland permit limited adverse inferences from silence by statute; Scotland does not adopt that regime; Ireland permits specified statutory inferences.Statutes may curtail the privilege (e.g. certain intellectual property disclosure orders and regulatory powers), typically coupled with restrictions on use of compelled answers in later criminal proceedings.
PRACTICE NOTES
Privilege—the basic principles This Practice Note outlines some of the issues that general privilege principles raise for IP practitioners, along with particular statutory IP privilege rules to be aware of. For more information about privilege in general, see: Privilege and without prejudice communications—overview and Practice Note: Legal professional privilege in civil proceedings. Privilege arises from the need for a client and lawyer to have candid communications on how to protect the client’s interests, without those being discloseable to an opposing party or to the court. While the following are not the only types of privilege, the two main types to be concerned with in the IP sphere are ‘legal advice privilege’ and ‘litigation privilege’. The rules of each, as evolved through case law, can have very different practical effects. These two types of privilege are sometimes collectively called ‘legal professional privilege’ but this language is confusingly similar to ‘legal advice privilege’ and so will not be used again in this note. Understanding the differences between legal advice privilege and litigation privilege is of huge practical significance. The