This Practice Note sets out some of the provisions of the Housing and Planning Act 2016 (HPA 2016), which confers powers on a local housing authority (LHA) to deal with rogue landlord and property agents, including imposing banning orders and establishing a database of rogue landlords and property agents. Note that these provisions apply to England only. HPA 2016, Pt 2 implements various measures to improve the way housing is managed, by enhancing the power of LHAs to identify and combat rogue landlords and property agents in the private rented sector. The provisions enable LHAs to apply for a banning order, which bans a landlord or property agent from managing or letting properties for at least 12 months and provides for the creation of a database of rogue landlords and property agents. The Renters’ Rights Act 2025 (RRA 2025) also introduces wide-ranging regulation of private sector landlords. For guidance on those measures, see Practice Notes: • Private rented sector—redress scheme and database, and • The Renters’ Rights Act 2025—landlords’ duties, penalties

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 19 April 2021; it is no longer maintained. See further, timeline,commentary and related cases. Case facts Outline An appeal by Roland (U.K.) Limited and Roland Corporation against a fine imposed on Roland (U.K.) Limited and Roland Corporation by the Competition and Markets Authority’s decision of 29 June 2020 finding that it had infringed the prohibition the Chapter I prohibition of the Competition Act 1998 and/or Article 101 TFEU by engaging in online resale price maintenance relating to electronic drumkits and associated products with a single UK distributor in the period from 7 January 2011 to 17 April 2018 (case number 50565–5). The CMA imposed a penalty of £4m on Roland (U.K.) Limited. Latest development On 19 April 2021, the CAT issued its judgment and dismissed the appeal on all grounds. The CAT held that: (i) it agreed with the Competition and Markets Authority that resale price maintenance is a serious ‘by object’ infringement of the

What does this Practice Note cover? This Practice Note outlines the role and responsibilities of a bond trustee appointed under an English law trust deed in connection with a bond issue. Not all bond issues involve a trustee. It is up to the issuer to decide whether to appoint a trustee or a fiscal agent—see Practice Note: Parties in an issue of debt securities—Fiscal agent or trustee. Involving a trustee has important consequences for both the issuer and the bondholders (see: Reasons for appointing a trustee below). In this Practice Note the term ‘bonds’ is used generically to refer to all types of debt securities (including bonds, notes and commercial paper). Note, however, that different considerations may apply in structured finance transactions. For information on the distinction between the terms ‘bonds’ and ‘notes’ and the meaning of ‘commercial paper’, see Practice Note: Types of debt securities. Who is the bond trustee? A trustee is appointed by the issuer (under a trust deed) and acts as an intermediary between the issuer and the bondholders,

In a typical bond or note issue the issuer will appoint an agent or (more commonly) a group of agents to carry out various administrative duties for it in connection with the issue. One agent will co-ordinate the work of the other agents. If the transaction does not involve a trustee, this will be the fiscal agent. If there is a trustee, this co-ordinating role will be played by the principal paying agent. The main advantage of using a fiscal agency structure for a simple bond issue is the potentially lower costs. A structure involving a trustee and principal paying agency structure which is the alternative may be more expensive to set up. For ease of reference in this Practice Note the term 'bonds' is used generically to refer to all types of debt securities (including bonds, notes and commercial paper). For information on the distinction between the terms 'bonds' and 'notes' and the meaning of 'commercial paper', see Practice Note: Types of debt securities. Who is the fiscal agent? A fiscal agent is a

Note: • this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general provisions set out elsewhere in the CPR, this Practice Note should be read in conjunction with general guidance on preparing for and attending trial including that in Trial—overview which, in turn, links through to detailed guidance on specific aspects of preparing for and attending trials • shorter and flexible trials schemes—claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Division—shorter trials scheme and Business and Property Division—flexible trials scheme • electronic working—for information on electronic working in the TCC, see Practice Note: TCC—starting a claim—High Court or County Court?—Electronic

When a bank or other finance provider decides to provide funding for a construction or development project, it will often appoint a project monitor (or monitoring surveyor) to monitor the project on its behalf. The employees of the lender are unlikely to have either the time or the expertise to carry out this role and so the project monitor will act as 'the eyes and ears' of the lender. Project monitors tend to be either project managers or quantity surveyors as these two professionals will have good knowledge of both the contractual and construction processes. The project monitor should be involved by the lender at an early stage in the design and procurement process, and this involvement will continue through the construction process to practical completion and beyond. This Practice Note sets out the main duties and roles of the project monitor. Pre-construction duties Procurement strategy One of the first decisions which an employer makes at the beginning of a construction development is which procurement route to use. The nature of the project, the complexity of the

This Practice Note covers the roles, powers, duties and liabilities of court-appointed receivers who are appointed pursuant to the Proceeds of Crime Act 2002. For more explanation on these types of receiverships generally, see Practice Note: Court-appointed receivers—when a court will appoint a receiver and who may be appointed. Powers A receiver appointed under s 48 Proceeds of Crime Act 2002 (PCA 2002) pursuant to a Restraint Order made under that section can exercise the following powers if they are conferred on the receiver by the court making the order: • taking possession of the property • managing or otherwise dealing with the property • starting, carrying on or defending any legal proceedings in respect of the property • realising so much of the property as is necessary to meet the receiver’s remuneration and expenses. Receivers appointed under ss 48, 50 PCA 2002 may enter any premises in England and Wales, by order of the court to: • search for or inspect anything authorised by the court • make

The role and functions of a liquidator A liquidator must be a licensed insolvency practitioner and authorised by a recognised professional body. In basic terms, a liquidator’s function is to secure the assets of the company and ensure that they are realised and distributed to the company’s creditors and, if there is any surplus, to the company’s contributories. A liquidator must fulfil this function following the duties imposed and powers granted to them under the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. Liquidators have a duty to act in the interests of creditors and contributories generally and must exercise a high standard of care and skill. They must always act impartially and independently. A liquidator acts as an agent on behalf of the company, although in a somewhat different way to a standard agent in that this agent directs the principal as well as acts for it. The liquidator does not stand in the shoes of the company and the company

The role and functions of a provisional liquidator A provisional liquidator is appointed to preserve the status quo and prevent any creditor from getting priority pending the hearing of a winding-up petition. While a provisional liquidator shall carry out such functions as the court may confer on them, the general functions of a provisional liquidator are to: • take control of a company to safeguard its records • collect and protect the assets of the company pending the outcome of the hearing of the winding-up petition • investigate the company’s affairs insofar as is necessary to discover, protect and recover assets In certain circumstances, it might be appropriate for a provisional liquidator to curtail the company's business so as to reduce costs and therefore safeguard the company’s assets by, for example, allowing an unprofitable branch office to be closed and the staff to be dismissed thus reducing the company’s liability for rent and wages. The duties of a provisional liquidator A provisional liquidator has fiduciary duties to the company. They

This Practice Note considers: • the role, functions, duties and powers of an insolvency practitioner (IP) who has been appointed as trustee in bankruptcy (trustee) • the checks that are in place to ensure that the trustee carries out their functions and duties For reading on the position where the official receiver (OR) acts as trustee, see Practice Note: Official receivers—personal insolvency. The role and functions of a trustee A trustee must be licensed by a recognised professional body, qualified to act and have a sufficient bond in place, which is in effect an insurance policy for creditors. The general function and role of the trustee is to get in and realise assets of the bankruptcy estate, and review, adjudicate and agree creditors' claims. If the value of the bankruptcy estate permits, the trustee will pay a dividend to creditors after having first deducted a sum to cover the expenses of the bankruptcy. As part of this process, the trustee will need to consider what assets belong to

This Practice Note explains the role, powers, duties and liabilities of LPA/fixed charge receivers. It covers statutory and express powers, duties when managing and selling secured property, personal liability for breach of duty and contracts, employment contracts, application of receivership receipts, remuneration, expenses and indemnities. Section 101(1)(iii) of the Law of Property Act 1925 (LPA 1925) enables a mortgagee to appoint a receiver (LPA receiver) where the mortgage is made by deed and the other enforcement triggers are satisfied. The powers of an LPA receiver are set out in LPA 1925, s 109(3) and are limited to the power to demand any income (including rent) from the property over which the LPA receiver has been appointed. An LPA receiver does not have power to sell the property. Since the powers provided in LPA 1925 are so limited, it is usual for a security document to specifically include provisions permitting the security holder to appoint a receiver in the circumstances specified in the security document, and providing

The role, functions, powers and duties of an administrator are set out in the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. While the Enterprise Act 2002 (EnA 2002) significantly amended the old administration regime, the administrator’s powers and duties under the old regime were not overruled entirely. They still apply to administrations of certain entities set out under EnA 2002, s 249 such as building societies and rail companies. The administrator's role and functions An administrator may only be appointed as administrator of a company if they are qualified to act as an insolvency practitioner in relation to the company. The administrator’s objective is to achieve one of the three purposes of administration as set out in IA 1986, Sch B1, para 3. In doing this, the administrator acts for all creditors not just the entity that appointed them. They are an officer of the court, whether appointed by the court or otherwise, and therefore have to comply with the duty applicable