A claim proceeds under the Pre-Action Protocol for Personal Injury Claims where, for example, the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents does not apply. Paragraph 5.1 of the Pre-Action Protocol for Personal Injury Claims states: ‘Subject to paragraph 5.3 the claimant should send to the proposed defendant two copies of the Letter of Claim. One copy of the letter is for the defendant, the second for passing on to the

Under proposed section 61N of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), the end client in the relationship must provide a status determination statement (SDS) to the worker and to the entity the end client contracts with. An SDS is defined in section 61NA and means, broadly, a determination of whether the rules contained at ITEPA 2003, ss 48–61 (commonly known as IR35) will apply to the engagement. The end client must use ‘reasonable care’ when coming to the conclusion referenced by the SDS. Failure to do so or to make the determination at all may expose the end client to a liability for income tax and National Insurance contributions (NICs). Although there are no specific time limits for providing an SDS set out in the draft legislation, it works so that the end client is treated as the fee-payer unless and until it provides the SDS. The fee-payer is usually the entity closest to the PSC in the arrangement

In answering this Q&A, we have set out the general approach to the postal rule and have not addressed any specific considerations that may be relevant for a particular type of notice. The postal rule is a rule relating to offer and acceptance in contractual matters. The rule applies only where postal use is reasonable: Henthorn v Fraser and provides that acceptance by post takes place when the letter of acceptance is posted, not when it is received or the acceptance comes to the attention of the offeror: Adams v Lindsell (1818) 1 B & Ald 681, 106 ER 250 (not reported by LexisNexis®). It is based upon the notional equation of the posting of

The second limb of section 18(1) of the Landlord and Tenant Act 1927 (LTA 1927) provides that: ‘…no damage shall be recovered for a breach of any such covenant or agreement to leave or put premises in repair at the termination of a lease, if it is shown that the premises, in whatever state of repair they might be, would at or shortly after the termination of the tenancy have been or be pulled down, or such structural alterations made therein as would render valueless the repairs covered by the covenant or agreement.’ The case law in respect of the second limb of LTA 1927, s 18(1) focuses on the issue of the landlord’s intention in respect of demolition or significant structural works rather than on the timing of those works

Sections 18–25 of the Landlord and Tenant Act 1985, (LTA 1985) cover limitations to and reasonableness of service charges, requests for summary of relevant costs, effects of change of landlord and assignment on request as well as providing for an offence for failure to comply. The provisions apply to all dwellings and cover all residential leases where a tenant is obliged to pay an amount which is in addition to rent for services, repairs, maintenance, insurance or landlord’s costs of management. The exception to this is where LTA 1985, s 26 applies. Section 26 provides for an exception in the case of tenants of certain public authorities. LTA 1985, s 26 states that: ‘unless the tenancy is a long tenancy, in which case sections 18–24

There is no express provision in the JCT Design and Build (D&B) contract (either the 2011 or 2016 edition) requiring the contractor to integrate its works with any existing works/structures. Under clause 2.1.1 of the JCT D&B, the contractor is required to carry out the works in a proper and workmanlike manner. The works are also to be carried out in accordance with the Contract Documents—which includes (among others) the Employer’s Requirements (ERs) which are the documents showing and describing the employer’s requirements for the design and construction of the works it wants the contractor to carry out, and the Contractor’s Proposals (CPs) which are the contractor’s response to the ERs showing its proposals for the design and construction of the works. The contractor is to complete the design for the works, including selecting

For information on the statutory flexible working scheme generally, see Practice Note: Flexible working. The changes to the statutory flexible working scheme that came into force on 6 April 2024 are set out in amendments to sections 80F and 80G of the Employment Rights Act 1996 (ERA 1996) made by section 1 of the Employment Relations (Flexible

For the purposes of this Q&A we have limited our research to cover HMRC seeking to enforce a judgment debt by way of the taking control of goods (TCG) procedure. For the purposes of this Q&A we have focussed on who can enter into a controlled goods agreement (CGA) pursuant to the TCG procedure and who can receive any payments made by the judgment debtor pursuant to such CGA. The Insolvency Act 1986 The Insolvency Act 1986 does not affect any right to distrain in respect of a debt other than rent, and such right is exercisable without restriction against property comprised in a bankrupt’s estate, and notwithstanding that the property has vested in the trustee in bankruptcy. However, where distraint occurs in the three months prior to the making of the bankruptcy order, then the entirety of the goods or effects, or the proceeds of their sale, are charged for the benefit of the bankruptcy estate. This means that the TCG process would apply. Taking

B has the right to occupy the land under a Will trust and is responsible for its repair and maintenance. Not only is B not performing those obligations but they are also causing wilful damage to the property, which is making it unsafe. The question is whether any action can be taken in relation to this. As the person in occupation, the beneficiary under the Will trust is causing damage to the land wilfully, this is voluntary waste (see Practice Note: Landlord and tenant implied repairing obligations and the doctrine of waste) and gives the trustees the right to seek compensation damages and/or an injunction to restrain any further acts which

Company voluntary arrangements A company voluntary arrangement (CVA) is a statutory contract between the company and its creditors and is used by a company in financial difficulty to restructure its debts. Accordingly, the specific details of CVA terms will be found in the CVA proposal. As such, it is necessary to carefully consider the terms of the individual CVA to understand any impact on any break notices and the impact of administration, in particular whether this terminates the CVA and any consequences that flow from termination. For further information on CVAs generally, see Practice Notes: Property law aspects of Company Voluntary Arrangements (CVAs) and CVAs—landlord issues and remedies. Impact of administration When a company enters administration, an administrator would usually be bound by the contractual obligations entered into by the company prior to the date of the administration. This would include the break notice served by the company

Do the other three lessees have a cause of action against the landlord for breach of their individual leases as the relevant clause only refers to 'contributions by the lessee'?  It depends on the precise wording of the lease, but it is likely that the other three lessees have a cause of action against the landlord for breach of their

A deed of variation made more than two years after the death of the deceased can constitute a valid agreement between the beneficiaries regarding the disposition of the estate. However, the inheritance tax (IHT) treatment contained in section 142 of the Inheritance