The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, reg 23 prohibits the letting of sub-standard domestic property. MEES Regs 2015, SI 2015/962, reg

Under the influence describes a person whose mental or physical faculties are impaired by alcohol, drugs (including prescription or illegal drugs) or other intoxicants, so that their judgement, perception, coordination or ability to comply with legal duties is affected.In criminal law, the phrase is most commonly associated with driving offences (drink‑driving and drug‑driving). Across England and Wales, Scotland, Northern Ireland and Ireland, road traffic legislation uses more precise concepts such as being “over the prescribed limit” or “unfit to drive through drink or drugs”, and case law addresses what constitutes impairment. “Under the influence” is therefore often a shorthand rather than a statutory term, though it may appear in charge wording, judicial directions or evidential discussion.The concept is also relevant in assessing capacity and consent (for example, in offences against the person or sexual offences), fitness to work or practise (healthcare, aviation, transport, regulated professions), and in employment and disciplinary contexts. Practitioners should consider statutory thresholds, evidential requirements (breath, blood or urine analysis; field impairment tests; expert evidence) and whether impairment, prescribed limits or simple presence of a substance must be proved in the relevant jurisdiction.

Private Client analysis: This case, where an elderly woman transferred properties for no consideration, raises questions concerning the exertion of undue influence, and the potential for abuse of trust. Lesley Anderson QC, barrister at Hardwicke’s Chambers, discusses key points that arise from this case.

Rule 32 of the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, contains provisions for grants of representation which are made on behalf of minors. Paragraph 32(1) provides that where a person to whom a grant would otherwise be made is a minor, administration for his use and benefit, limited until he attains the age of 18 years, shall, unless

CPR PD 57AC, para 3.2 provides: ‘…3.2 A trial witness statement must set out only matters of fact of which the witness has personal knowledge that are relevant to the case, and must identify by list what documents, if any, the witness has referred to or been referred to for the purpose of providing the evidence set out in their trial witness statement. (…) It appears therefore that the list should only include the documents that 'the witness

The Digital Economy Act 2017 inserted a new schedule 3A into the Communications Act 2003. Schedule 3A is the text of a new Electronic Communications Code (‘the Code’). Part 5 of the Code makes provision for a landlord under a telecoms lease under the Code to terminate or modify that lease. Paragraph 31 of the Code (which is contained in Part 5) makes provision for a site provider (meaning a landlord) under a code agreement to bring the agreement to an end. In order to give notice, the site provider must serve a notice in accordance with paragraph 31 of the Code. A notice which is given under paragraph 31 must comply with certain conditions which are specified in paragraph 31. Paragraph 31(3) of the Code sets out the length of notice which must be given by the site

The new Electronic Communications Code (the ‘Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A to the Communications Act 2003 (CA 2003), inserted by section 4 and Schedule 1 to the Digital Economy Act 2017. The new Code (which was brought into force on 28 December 2017) replaces the previous Electronic Communications Code, set out in Schedule 2 to the Telecommunications Act 1984 as amended by CA 2003 (the ‘previous Code’). The new Code provides telecommunications operators with statutory rights to facilitate the creation and operation of their networks and aims to support the roll-out of digital technology such as 4G and superfast broadband. This Q&A assumes that there is a lease or agreement in place which is one to which the Code termination provisions apply. A site provider

Article 37(1) of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR), introduces a requirement that businesses must appoint a Data Protection Officer (DPO) where: • the processing is carried out by a public authority or body (except for courts acting in their judicial capacity) • 'the core activities of the controller or the processor consist of processing operations which require regular and systematic monitoring of data subjects on a large scale', which would, for example, include businesses engaging in online profiling or targeting activities, or • the controller's or processor's core activities consist of processing on a large scale of 'special categories of data’ and personal data relating to criminal convictions and offences Businesses to whom the above criteria do not apply may still decide to appoint a DPO in order to manage the organisation's data protection framework

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. The previous rule, rule 2.8(1) of the Insolvency Rules 1986, SI 1986/1925 (SI 1986/1925, r 2.8(1)), does not appear to be directly replicated in the new rules, so there is no equivalent

In answering this Q&A, we have assumed the operator wishes to lay cables on the landlords neighbouring land in addition to existing cable/telecoms equipment and a work space required for the purposes of laying those cables. Existing Code rights granted under subsisting agreement under the previous Code On 28 December 2017 Schedule 1 to the Digital Economy Act 2017 (DEA 2017) came into force, inserting the Electronic Communications Code (the new Code) by way of Schedule 3A Part 1 of the Communications Act 2003 (CA 2003). This replaced the Telecommunications Code forming Schedule 2 to the Telecommunications Act 1984 (TA 1984) (the previous Code). If the existing Code rights were granted under the previous Code, the transitional provisions set out in DEA 2017, Sch 2 are therefore

There are exemptions for certain Personal Injury trusts that meet the qualifying conditions set out in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692,

The mechanism for identifying or ‘tracing’ a ‘registrable beneficial owner’ under the overseas entities regime is similar to the identification process under the people with significant control (PSC) regime, with investigators effectively required to trace upwards through the ownership structure until they find the ultimate beneficial owner or owners. The point of the requirement for a legal entity (other than a government or public authority) needing to be ‘subject to its own disclosure requirements’ in order to be registrable is essentially that once such an entity has been identified, one has effectively satisfied that aspect of the disclosure exercise. If a Russian