This Q&A covers bailment under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), uncollected goods and T(IG)A 1977, s 12 and Sch 1. We have focussed on T(IG)A 1977, Sch 1. A bailee’s right to sell uncollected goods A bailee has a statutory right to sell goods entrusted to him in cases where a bailor is under an obligation to take delivery of the goods. The obligation is imposed by the bailee giving notice in writing to the bailor specifying the name and address of the bailee, giving particulars of the goods and the place where they are held, stating that the goods are ready for delivery to the bailor, and specifying the amount, if any, which is payable by

This Q&A looks at when professional practices can be considered anything other than use within Class A2 under the Town and Country Planning (Use Classes) Order 1987. We refer you initially to the Town and Country Planning Act 1990 (TCPA 1990) and the Town and Country Planning (Use Classes) Order 1987 (SI 1987/764). The general rule is that planning permission is not needed for changes in use of buildings within each class. UCO, SI 1987/764, Reg 3. For example, planning permission is not required for a change of use from a post office to a hairdresser, as both uses fall within class A1 (shops). However, alterations to the premises to facilitate the change of use may require planning permission. Each use is considered individually to determine its use class. The relevant use classes are described below: Class A2 under the UCO 1987

Discharging planning conditions under the Town and Country Planning Act 1990 Town and Country Planning Act 1990, s 73 (TCPA 1990) allows for the determination of applications to develop land without compliance with conditions previously attached. TCPA 1990, s 73A allows applications to be made in relation to planning permission for development already carried out without complying with a planning condition on the permission. Developers can modify a planning

Scope of TDA 1968 A breach of Trade Description Act 1968 (TDA 1968) does not confer a civil right of action on any person affected by it—see commentary in: Trade descriptions and civil rights of action: Halsbury’s Laws of England [457] It is the duty of every local weights and measures authority to enforce the provisions of TDA 1968 and any order made under it. See commentaries: Enforcing authorities and authorised officers: Halsbury’s Laws of England [454] and Local weights and measures authorities: Halsbury’s Laws of England [743]. The time limit for a local weights and measures authority to bring a criminal prosecution under TDA 1968 is three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier. See commentary: Time limit for prosecutions: Halsbury’s Laws of England [455]. There is a defence available where the commission of an offence was due to a mistake or to reliance on information supplied, or to

Passing off is an established cause of action in cases where the name or image of a well-known person is used without permission to endorse or advertise products. In order to demonstrate the necessary goodwill, it is probably necessary for the person to be in the position of commanding fees for product endorsements. In the leading case Irvine v Talksport Ltd, Talksport used a photograph of Formula 1 driver Eddie Irvine without permission, doctoring it to replace the image of his mobile telephone with

The EU and, by extension, current UK regimes, require that an entity be ‘directly or indirectly controlled by or owned more than 50%’ by a designated sanctions target. In the UK, that means a person appearing on the consolidated lists here. This wording derives from article 5 of Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, which requires that ‘all funds, other financial assets and economic resources belonging to, or owned or held by, a natural or legal person, group or entity included in the list […] shall be frozen’. The EU Best Practice Guide provides further guidance on this terminology. It states: ‘Holding or controlling should be construed as comprising all situations

Regulation 15 of the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 provides that an employer may require a worker to take their statutory annual leave entitlement on particular days, by giving notice specifying: • the days on which leave is to be taken, and • where the leave on a particular day is to be in respect of only part of the day, its duration The notice must be given to the worker twice as

What is a transaction/matter which favours anonymity? Transactions or matters which might favour anonymity include, for example: • those involving opaque trust or company structures, including those featuring, eg bearer shares, some offshore trusts, legal entities like foundations, etc • overly complex matters (eg obscuring parties or source of funds) • transactions involving cash • electronic currency or virtual assets • non-face-to-face clients • services where you act as trustee/director that allows the client’s identity to remain anonymous • matters for clients who are celebrities and wish to remain anonymous • clients that are evasive as to the identity of the parties involved How should you deal with a transaction/matter favouring anonymity? Policies and procedures Your policies, controls and procedures must include policies, controls and procedures which specify the taking of additional measures, where appropriate, to prevent the use for money laundering, terrorist financing or proliferation financing of products or transactions which might favour anonymity. Client due diligence You

For capital gains tax purposes the territorial sea of the UK is deemed to be part of the UK. The breadth of the territorial sea adjacent to the UK is 12 nautical miles. The definition of UK land for the purposes of the taxation

In answering this Q&A, we assumed this relates to the position under the UK’s Data Protection Act 1998 (DPA 1998) and not to any other laws or rules which may be applicable. This reply therefore focuses exclusively on DPA 1998. DPA 1998 governs processing of ‘personal data’ in the UK. Among other things, it obliges ‘data controllers’ of such personal data to comply with eight principles (which include, for example, that personal data must be processed fairly and lawfully and must be obtained only for specified and lawful purposes) and gives individuals rights to know what personal data is held about them. For a general overview of the data protection

See Practice Note: EU regulation of payment services—essentials and Transposition table for UK implementation of the Revised Payment Services Directive. You will note that Article 96(6) of Directive 2015/2366/EC, Payment Services Directive 2 (PSD2), requires payment service providers (PSPs) to provide, at least on an annual basis, statistical data on fraud relating to different means of payment to their competent authorities. On 18 July 2018, the European Banking Authority (EBA) published final guidelines on fraud data reporting following a consultation paper published on 2 August 2017. The EBA Banking Stakeholder Group responded to the EBA’s consultation on 9 November 2017. The guidelines consist of two sets of guidelines on reporting requirements on statistical data on fraud. The guidelines,

Maximum time for which a prize competition can be open for Rule 8.17 of the CAP Code states that closing dates are a significant condition which must be included in marketing communications, where not doing so could be misleading. CAP outlines that most promotions are likely to need a closing date, but, closing dates may not always be necessary (ie if the offer’s duration is 'subject to availability' only, or is a loyalty scheme run on an open ended basis (rule 8.17.4.a of the CAP Code). However, where a promoter does not have a set closing date for a promotion, they must be able to demonstrate that the absence of a closing date will not disadvantage