In property transactions the person buying, leasing or taking security over a property will check the title for the property before they proceed with the transaction. However between checking the title and the deed in their favour (the Deed) being presented for registration in the appropriate land register the situation could alter depriving the buyer/tenant/lender of the rights they thought they were acquiring. Although the risk will be addressed in the contract between the parties, there are also protections available through the registration process. See Practice Note: The ‘registration gap’. The way to avoid the risk in England and Wales is to carry out an official search with priority (priority search) in the HM Land Registry and ensure that the Deed is registered during the priority period. See Practice Note: Pre-completion searches—Official search with priority—registered land or seller's title pending first registration—registrable dispositions for valuable consideration. In Scotland, the risk is addressed by an advance notice and ensuring that the Deed is registered

The name given to the fund built up by contracting out of the state second pension; they are the rights which, in a contracted-out money purchase scheme, replace the rights an individual would have earned under SERPS. Since they are money purchase, you have no idea what they are until retirement, so that they are not in fact protected at all. Protected rights is the collective term for the National Insurance rebate, associated tax relief and investment return.

’Protected rights’ were the benefits which schemes contracted-out on a money purchase basis had to provide, before 6 April 2012, to contracted-out members in lieu of the state benefits foregone as a consequence of contracting-out. For more information on contracting-out, see Practice Note: What does ‘contracting-out’ mean for pension lawyers? Contracting-out on a money purchase basis (or DC contracting out) first became possible in April 1988, but was abolished on 6 April 2012. The abolition meant that, on and from 6 April 2012, it ceased to be possible to accrue protected rights and the statutory restrictions applicable to protected rights accrued before that date ceased to apply. In effect, this means that former protected rights can be treated as normal scheme benefits, save to the extent that the scheme rules provide otherwise. For more information, see Practice Note: Abolition of DC contracting-out [Archived]. Which schemes could contract out on a money purchase basis? Before 6 April 2012, protected rights could be provided by the following schemes: • contracted-out money purchase (COMP) schemes, including

A settlement (ie trust) created by an individual before they acquired a UK deemed domicile. Broadly, from 6 April 2017, capital gains and foreign income of protected settlements cannot be taxed on the settlor of a settlor-interested trust as they arise unless the protected status is lost.

A trust deed may be protected as long as a majority in number or a third in value of creditors do not object to its terms. Once protected, the terms of the trust deed becomes binding on all the creditors preventing them from taking further action to recover their debts.

A director of a company limited by shares is exposed to a wide range of potential liabilities that could arise as a result of their acts (or omissions) carried out during the course of business of the company under statute, contract or tort. The Companies Act 2006 (CA 2006) contains a general prohibition against exempting or indemnifying directors against such liabilities (see General rule against protection from liability). However, there are statutory exceptions to the general rule providing that directors can be protected from liability by: • the acquisition and maintenance of insurance by the company for its directors against liabilities (see Insurance) • the company giving qualifying indemnities to its directors against certain liabilities (see Indemnities) Directors can also be relieved from liability by the shareholders ratifying their acts of misconduct, subject to such conduct being capable of ratification (see Ratification). For broader commentary on the different ways in which a director may be relieved from liability which would otherwise fall upon them for breach of one of their duties or specific obligations

This Practice Note looks at some of the initial steps a trustee in bankruptcy (trustee) should take when appointed to protect their interest in the bankrupt's property (in particular real property such as the bankrupt's family home). This Practice Note does not look at what assets and interests vest in the trustee, how they ascertain and realise their interest, or how equitable accounting or the equity of exoneration may become relevant issues. For further reading on these issues, see Practice Notes: • Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in it • Equitable accounting—how it works in practice • The equity of exoneration and how it applies in practice • Possession and sale applications in respect of a bankrupt's family home This Practice Note also does not examine in detail what happens immediately after the bankruptcy order is made—as most of these functions are carried out by the official receiver (OR)—nor consider

How to use this Checklist A company may reap huge rewards as a result of developing an online presence through its website. In so doing, a company may encounter infringing acts by competitors and others, including content being scraped by artificial intelligence (AI). This Checklist identifies key issues to consider when dealing with or acquiring website content such as program code, text, graphics, images and multimedia. Key considerations include: identifying intellectual property rights (IPRs) and who owns them; technical protection measures (TPMs); terms of use; special contractual terms; monitoring; copyright policy; data privacy; intellectual property notices; taking action against infringers; and domain names. It does not deal with issues surrounding website development, compliance or management or the use or upload of user-generated content. If dealing with website development or dealing with website management and compliance, see: • Practice Note: Website design and development • Websites and the internet—issues to consider—flowchart • Website terms and conditions—checklist, and • Website development agreement—checklist The third column can be used to record observations or comments

This training presentation introduces the law of trade marks and is aimed at non-specialists. It deals with protection and enforcement of UK trade mark registrations. It outlines trade mark registration procedure and strategy, pre-registration and post-registration challenges, enforcement and defences. It also summarises the impact of Brexit on the UK trade mark regime. The training materials are customisable. Click the link below to download the presentation. Contents • What is a trade mark? • Benefits of registration/disadvantages of non-registration • What can be registered? • Brexit • Grounds for

Property analysis: The Upper Tribunal (Lands Chamber) confirmed that the First-tier Tribunal (FTT) did not have jurisdiction to resolve a dispute over the extent of the beneficial interests of an unmarried couple in their former family home, when they had separated and the home was registered in the sole name of one of them.

The High Court has granted an injunction preventing the publication of an academic paper which discussed weaknesses in an algorithm used in the manufacture of automotive immobilisers. In doing so it recognised the enormous significance of freedom of expression and academic freedom, however, the risk of facilitating the theft of vehicles and the claimants’ right to prevent publication of the algorithm weighed towards preventing publication, pending trial.

This Practice Note considers the extent to which and how a party’s most confidential information and documents recording it can best be protected even though the documents are within the requirements for disclosure in a civil case. It will mainly look at establishing and operating a so-called ‘confidentiality club’ and the redaction of confidential but irrelevant parts of documents in relation to a dispute. It will also review alternative measures of protection, such as undertakings and injunctions. Understanding the limits on confidentiality of documents in disclosure Informing a party that has not previously been involved in litigation in England and Wales that they can see their opponents’ confidential information, and they should expect to have to disclose theirs in return, is often met with surprise. This is even more a concern where the party is based in a civil law country which does not operate mutual disclosure requirements, including revealing adverse documents, as part of its dispute resolution system. This subject often provokes discussion of whether there are ways of avoiding