A Certificate of Lawfulness of Proposed Use or Development (CLOPUD) should be refused for works that would amount to a breach of planning control. Although the proposed works in respect of which a CLOPUD is sought may only be internal works within a building, a planning permission requires the development of that building to be undertaken in accordance with the approved plans. This includes the plans that show the internal layout of the development. Failure to undertake the development in accordance to the approved internal layout is a breach of condition and therefore, a breach of planning control. The development must be completed in accordance to the approved plans before the statutory right to undertake

A third party debt order (previously a garnishee order) is a remedy available to a judgment creditor to enforce judgment against a judgment debtor. The procedure is governed by CPR 72 and requires a third party, who holds monies on behalf of the judgment debtor (such as a bank or building society, but also other bodies such as solicitors), to pay a sum equivalent to the judgment debt. Under CPR 72.4, the first stage of the process is for a court to deal with an application (which may be and usually is made ex parte to avoid monies being transferred out or encashed) without a hearing. The court may then fix a hearing to consider whether the order should be made

A notice of application to enforce an order for the payment of money may either: • specify a method of enforcement, or • leave the method of enforcement up to the court to decide (a general enforcement order application) If a general enforcement application is made, an order to attend court will be issued to the debtor to come to court, produce any documents the court requests in the order and answer questions on oath. Such an order will contain a warning that, if the recipient does not obey the order, they may be sent to prison for contempt of court. The

Serving documents CPR 6.20 sets out the methods by which to serve documents other than the claim form. Types of documents that this includes are: application notices, witness statements, court orders (eg interim charging orders). CPR 6.26 sets out the deemed date of service of a document, other than a claim form, served within the UK. This varies according to the method of service used. For further information, see Practice Note: Serving documents (excluding the claim form, particulars of claim and defence). For guidance on the rules governing the deemed service date of a claim form, see Practice Note: Service of the claim form—deemed service (CPR 6.14). Why is compliance important? Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR 3.8).

An employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees. Failure to do so is a criminal offence. This core duty extends to the provision of plans and systems of work that are safe and without risks to health, and the provision of such information, instruction, training and supervision as is necessary to ensure the health and safety at work of employees. It is important to remember that this duty extends to both physical and mental health. For further information, see Practice Note: Coronavirus (COVID-19)—managing the workplace to 18 July 2021 [Archived] under ‘Health and safety considerations’. In relation to pregnancy, an employer has the following mandatory duties at all times (and not just during the coronavirus pandemic): • a general duty on employers to carry out a general risk assessment where they employ women of child-bearing age, in respect of processes, working conditions, or physical, biological or chemical agents which

The answer to this question assumes that the employer's full-time workers are not required to work on bank holidays under their contracts. It also assumes that 'bank holiday' includes traditional public holidays, such as Good Friday and Christmas Day, which are not, in technical terms, 'bank' holidays. For further information in relation to bank holidays generally, see our Practice Note Holiday—Bank holidays and public holidays. For further information in relation to part-time workers generally and holiday arrangements for such workers, see our Practice Notes: • Part-time workers • Holiday—Part-time workers, annualised hours and other atypical working arrangements Bank holidays There is no statutory right to paid public holidays (or time off in lieu of them)—see Holiday—Whether there is a right to take a bank or public holiday as paid leave. However, many employers grant public holidays as holiday in addition to the holiday entitlement stated in a worker's contract

A worker is entitled to be paid in respect of any period of annual leave (and additional annual leave) at the rate of a week's pay in respect of each week of leave. The method of calculating a week’s pay will depend on whether the employee works normal working hours (sections 221–223 of the Employment Rights Act 1996 (ERA 1996)) or not (ERA 1996, s 224). For further information, see Practice Note: Holiday pay—Calculating

Under section 13 of the Supply of Goods and Services Act 1982 (SGSA 1982) a consultant (as a professional) providing services must do so with 'reasonable skill and care'. The statute does not require the exercise of 'all reasonable skill and care'. However, the parties can choose to impose a higher duty than this (SGSA 1982, s 16(3)(a)). There is no settled meaning of the specific term 'all reasonable skill and care' as opposed to 'reasonable skill and care'. There are cases considering whether a party has exercised reasonable skill and care, and the general meaning of reasonable skill and care, however, none of these look at the particular impact of adding the word 'all'. Within judgments, the two expressions appear to be used interchangeably: even where the contract at the centre

The general principle is that there is no duty on an employer to provide a reference at all, unless: • there is a contractual obligation to do so, in which case the employer must provide a reference • the employer’s refusal to provide a (fair) reference is discriminatory, or an act of victimization, which, if he persists in his refusal, may result in the employer being liable under the Equality Act 2010 (EqA 2010) (for further information, see Practice Note: References—Discriminatory references) • the employer is in a sector for which there is a specific statutory duty to provide a comprehensive reference, in which case the employer must provide a comprehensive reference in accordance with the statutory requirement If, however,

Taking the example of the Employment Rights Act 1996 (ERA 1996), a 'worker' is defined as an individual who has entered into or works (or worked) under: • a contract of employment, ie a contract of service or apprenticeship, or • any other contract by which: ◦ the individual undertakes to do or perform work or services personally, and ◦ the person for whom the work is done (or services are performed) is not a client or customer of a business being run by the individual In broad terms, the difference between the statutory definition of ‘worker’ and ‘employee’ under ERA 1996 is that, in order to be a worker, an individual does not have to establish other key elements necessary for employee status, in particular: • mutuality of obligation (the obligation on the employer to provide or pay for work and on the employee to perform it), or • control (eg how, when and where the work is done) For

Appointment of firm of solicitors It is quite common for a testator to appoint a firm of solicitors to be the executors of their estate but care must be taken to avoid the appointment being void for uncertainty. See Re Horgan. For an example of a Precedent, see: Appointment of named partners in firm of solicitors to be executors and trustees with variations for incorporated practices. Executor not wishing to act The following are the two options available when an executor does not wish to act. Renunciation Renunciation is the act whereby the person entitled to probate surrenders and waives that right. An executor may renounce probate provided that they have not intermeddled in the estate. Section 5 of the Administration of Estates Act 1925 (AEA 1925) provides where a person appointed executor

Precedent: Specific clauses for transfers—indemnity covenant, includes the following standard indemnity clause: 'Indemnity The Transferee covenants with the Transferor, by way of indemnity only, that the Transferee will observe and perform and will indemnify the Transferor against all liability arising in respect of the [covenants, conditions and other] matters contained or referred to in the [documents comprised in the unregistered title to the Property OR registers