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What are ISO standards? The International Organization for Standardization (ISO) develops and publishes international standards. A standard is a document that provides requirements, specifications, guidelines or characteristics that can be used consistently to ensure that materials, products, processes and services are fit for their purpose regardless of where they are supplied or produced. There are standards for a diverse range of subjects including the general provision of services, risk management, reputational protection and the manufacture of specific goods such as road vehicles, food products and industrial materials. In total there are over 19,000 standards. ISO international standards aim to ensure that products and services are safe, reliable and of good quality. For business, they are strategic tools that aim to reduce costs by minimising waste and errors, and increasing productivity. They are designed to help companies to access new markets, level the playing field for developing countries and facilitate free and fair global trade. In commercial agreements, it is reasonably common for customers
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What are PFAS? Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) are a group of manufactured chemicals that are widely used in everyday products, such as non-stick cookware, clothes, carpets and upholstery to make them resistant to stains. PFAS are made up of carbon and fluorine atoms, the bond between which is extremely strong meaning that PFAS do not degrade in the environment. In fact, scientists have been unable to estimate a half-life for PFAS (the time taken for 50% of the chemical to disappear), which led to PFAS being given the nickname ‘forever chemicals’. What are the latest concerns about the risks posed by PFAS? PFAS can be released into the environment at almost any stage of a product’s lifecycle. They can come off packaging or products into the food that is being prepared, they can be washed off products by rainwater into the environment and they can simply come off products during their use. PFAS are also directly sprayed into the environment in foams for fighting fire. In
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In the absence of an express covenant, a landlord gives no warranty that the premises are or will remain physically fit for the use contemplated and is not liable to do any repairs other than those imposed on him by common law or statute. Neither imposes any specific obligations as to fitness on a landlord of business premises towards his tenant purely because of the relationship of landlord and tenant. See commentary: Other obligations imposed by the courts: Ross: Commercial Leases [339]–[589] which states that: ‘There have, however, been several cases in recent years where the courts have held a landlord of residential premises liable to the tenant outside the express terms of the lease, either in negligence or by implying a term into the lease, and commercial conveyancers and their litigation colleagues need to be aware of them and to consider if they could have any application to business premises. • in Liverpool City
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Commercial tenancy The tenant will need to have regard to: • any legislation requiring closure of premises or restricting movement that is in force and the potential for this to become more restrictive • any practical issues, for example the availability of any necessary contractors and the need to plan for the possibility that the relevant people may be unable to attend due to developing coronavirus (COVID-19) symptoms or being otherwise required to self-isolate • its responsibilities to its employees and any
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Introductory principles A lender holding a legal mortgage has an immediate right to possession of the property: see Four Maids Ltd v Dudley Marshall (Properties) Ltd. Section 95(4) of the Law of Property Act 1925 reaffirms that right: ‘(4) Nothing in this Act affects prejudicially the right of a mortgagee of land whether or not his charge is secured by a legal term of years absolute to take possession of the land, but the taking of possession by the mortgagee does not convert any legal estate of the mortgagor into an equitable interest.’ Where a first mortgagee takes action following a borrower’s default, obtains possession and subsequently sells, the transfer to the first
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Goods without consideration The Consumer Rights Act 2015 (CRA 2015) applies to the supply of goods, service and digital content for contracts. Where the trader has provided no consideration for goods transferred to a consumer, and the goods are not connected with any other promotional item, the CRA 2015 does not apply. The reason for this is that ‘if there is no consideration (that is, if a trader offers to supply goods completely free of any charge or other obligation) there is no contract at all.’ (Business Companion: The sale & supply of goods). This position is confirmed in the commentary Butterworth’s Trading and Consumer Law. This states: ‘Part 1 of the Act only applies to agreements made between traders and consumer where the agreement is a
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Where a statutory demand is served on an individual, that individual is entitled to apply to set it aside, commonly on the ground that the debt demanded is disputed on grounds which appear to the court to be substantial. See rules 10.4 to 10.5 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (SI 2016/1024, rr 10.4 to 10.5) (formerly rules 6.4 to 6.5 of the Insolvency Rules 1986, SI 1986/1925 (SI 1986/1925, rr 6.4 to 6.5)). For further reading, see Practice Note: Disputed statutory demands. If the individual is successful in their application, it will usually be the case that a costs order
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There is a statutory obligation on employers to allow jurors to attend court. An employer who refuses to allow an employee time off to serve on a jury could be in contempt of court. There is no requirement to continue to pay an employee whilst they are serving as a juror, although some employers choose to do so. Employees can, however, claim from the court for any financial loss, including loss of earnings. For full details, see Practice Note: Time off work for public duties—Jury service. Length of jury service Jury service usually lasts up to ten working days, but can be longer. During service, jurors might be on a jury for more than one trial. If it appears likely that a trial will extend longer than the original listed number of days, the court will inform the members of the jury who should pass on that information to their employer. Request for delay or excusal A call up for jury service can be delayed if: • the
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Employees holding certain public positions are entitled to reasonable unpaid time off to perform public duties. These positions include being a justice of the peace (also known as a magistrate) and being a member of: • a local authority, including a National Park authority (eg a councillor) • a statutory tribunal (eg an employment tribunal) • an independent prison monitoring board (England and Wales) or a prison visiting committee (Scotland) • a relevant health body (eg the NHS Commissioning Board, an NHS foundation trust or the National Institute for Health and Care Excellence) • a relevant education body (eg the managing or governing body of a maintained school, a further education corporation, sixth form college corporation or higher education corporation) • the Environmental Agency or the Scottish Environment Protection Agency • Scottish
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What are an executor’s duties as regards neutrality in the event of a dispute between beneficiaries? The role of the executor is an administrative one. It is about ensuring that the estate is protected, gathered in and distributed to the beneficiaries. An executor who has no financial interest in the dispute (as often occurs with professional executors) should at all times remain neutral. It is for the beneficiary who has the financial interest in the estate to defend the claim and to 'put his head above the parapet' in the context of the litigation. This occurs in: • claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) • claims for rectification under section 20 of the Administration of Justice Act 1982 • validity claims
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The United Kingdom General Data Protection Regulation (UK GDPR) does not impose a specific requirement to verify the identity of callers. Instead, there is a general requirement to ensure ‘appropriate security of…personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures’. This is known as the integrity and confidentiality principle and it is expanded in Art 32 of the UK GDPR, although again there are no direct reference
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To what extent can the terms best endeavours and reasonable endeavours be enforced? In general contractual obligations can be absolute or qualified. Qualified obligations may be used because the performance of an obligation is outside a party's control or that it is relying on an action by a third party to take place first. In such circumstances, obligations are often qualified using a phrase like 'best endeavours', 'reasonable endeavours', 'commercially reasonable endeavours', and ' all reasonable best endeavours'. The meanings of these phrases have been debated in the courts for decades. Unhelpfully the consistent thread which runs through all of them is that what they mean in practice will always depend on the circumstances of the transaction and the parties involved. However, provided the obligation is sufficiently certain, the courts have demonstrated a trend to hold that obligation enforceable (Jet2.com v Blackpool Airport [2012] EWCA Civ 417 (Jet2). Jet2 also makes it clear that there is no one rule of construction for an endeavours clause ([2011] EWCH 1529): 'The meaning of the expression