Data Protection Act 1998 It is the data controller's responsibility to comply with the Data Protection Act 1998 (DPA 1998) rather than the data processor. Therefore, it must ensure that it imposes all necessary obligations in relation to data protection on the data processor through a contract. The relationship between controller and processor is reflected in the seventh principle of DPA 1998, which requires the data controller, where it appoints a data processor to (among other things): • carry out the processing under a contract made or evidenced in writing • require the data processor to act only on instructions from the data controller, and • require the data processor to comply with obligations equivalent to those imposed on the data controller by the seventh principle For

Does access to light have the same meaning as and constitute a right to light? Rights to the access of light in paragraph 2(1)(b) of Schedule 6 to the Housing Act 1985 (HA 1985). HA 1985, Pt V makes provision in relation to the right to buy for secure tenants. HA 1985, s 139 provides that any conveyance of the freehold which is executed in pursuance of the right to buy must conform with HA 1985, Sch 6, Pts I–2. HA 1985, Sch 6, Pt I sets out common provisions which must be included in any conveyance or grant which is executed in pursuance of the right to buy. These common provisions include, in paragraph 2: ‘(1) The conveyance or grant shall, by virtue of this Schedule,

Under paragraph 20(8) of previous Electronic Communications Code, set out in Schedule 2 to the Telecommunications Act 1984 (the ‘Previous Code’) (see attached historical version as this has now been repealed): ‘An order made under this paragraph [ie paragraph 20] on the application of any person shall, unless the court otherwise thinks fit, require that person to reimburse the operator in respect of any expenses which the operator incurs in or in connection with the execution of any works in compliance with the order. [ie paragraph 20 which relates to the 'alteration' of apparatus. Alteration is defined at para 1(2) as including the 'moving, removal or replacement' of apparatus’ Under paragraph 20 of the Previous

We are not aware of any legal provision regarding the size of the pension lump sum that can be paid under the US/UK double tax treaty. However, a practical limit exists for the purposes of UK domestic taxation in the

We have assumed that: • a company imports goods manufactured in China into the UK • the specific products are not dealt with explicitly in the products type's applicable legislation Products sold in the UK should be traceable so that consumers can contact those responsible if there is a problem. The product or its packaging should include the name and address of the producer and should also include a product or batch reference. Product safety law in the UK originates from EU law. Following the UK’s exit from the EU and the end of the transition period on 31 December 2020, Great Britain no longer falls within the EU’s product safety and compliance regime. However, the majority of EU product safety law has already been incorporated into UK law. This means that the product safety regime has not changed significantly since 1 January 2021. Where a product is not

For the purposes of this Q&A, we have assumed you meant that the director will acquire the whole or substantially the whole of the business of company 1 when company 1 enters creditors’ voluntary liquidation (CVL). Under section 216 of the Insolvency Act 1986 (IA 1986), where a company goes into liquidation, any person who has been a director or shadow director of that company in the 12 months

Under rule 75 of the Employment Tribunal Rules 2024 (ET Rules 2024), SI 2024/1155, in force from 6 January 2025, a party may apply for a costs order or a preparation time order at any stage up to 28 days after the date on which the judgment finally determining the proceedings in respect of that party was sent to the parties. For more information, see the section: ‘Applications for a costs order or a preparation time order’ of Practice Note: Costs in the employment tribunal. See also the interpretation provisions at ET Rules 2024, SI 2024/1155, r 2 which provide that: ‘“judgment” means a decision made at any stage of the proceedings (other than a decision under rule 14 (reconsideration of rejection of claim) or 20 (reconsideration

Subsection 1(1) of the Housing Act 1988 (HA 1988) provides that a tenancy under which a dwelling-house is let as a separate dwelling is an assured tenancy if and so long as the tenant is an individual who occupies it as his only or principal home and it is not excluded from being an assured tenancy. By virtue of HA 1988, s 19A, an assured tenancy entered into on or after 1 January 1997 is an assured shorthold tenancy unless excluded by HA 1988, Sch 2A. Therefore, the only or principal home requirement applies equally to assured shorthold tenancies. An assured tenancy can cease to

Section 15 of the Supply of Goods (Implied Terms) Act 1973 (SG(IT)A 1973) provides that a ‘hire-purchase agreement’ is an agreement, other than a conditional sale agreement, under which— ‘(a) goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and (b) the property in the

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides, among other things, that qualifying tenants of residential flats within a building can, by notice, exercise the right of collective enfranchisement and as a result acquire the freehold interest of that building. There are a number of qualifying requirements. Under LRHUDA 1993, s 3, the premises must consist of a self-contained building or part of a building—the premises must contain two or more flats held by qualifying tenants and the total number of flats held by such tenants must not be less than one-half of the total number of flats contained in the premises. LRHUDA

A claim or cause of action may be assigned, provided the assignee has a 'genuine commercial interest' in the enforcement of the right assigned: Trendtex Trading Corpn v Credit Suisse. Debts are regarded as property: if the debt is assigned, the assignee can bring a claim on the debt as being incidental to the assignee's proprietary interest in the debt. See Practice Note: In what circumstances

The primary limitation period in claims of negligence is six years, under section 2 of the Limitation Act 1980 (LA 1980). Time starts from when the cause of action is complete, which in negligence is when damage is caused. To account for cases where the damage may not be obvious (latent damage), LA 1980, s 14A provides a secondary limitation period of three years, running from when the claimant had sufficient knowledge