Case study A tenant of commercial premises pursuant to a lease also has a licence (in writing) for outdoor seating area which was entered into at the same time as the lease and was granted as ancillary to the use of the premises under the lease. The licence was varied (undocumented) to expand the seating area from removable tables and chairs which were moved every day to fixed table and chairs which the tenant is responsible for cleaning. The current agreement, following the undocumented variation of the original licence, has been in place for at least six months. The lease protected by the Landlord and Tenant Act 1954 (LTA 1954) and an LTA 1954, s 26 request has been served. The issue

See the following information which you may find helpful for your research: • Practice Notes: ◦ Unjust enrichment—elements of the claim

Practice Note: Unjust enrichment—elements of the claim explains the elements required for a claimant to found a claim in restitution for unjust enrichment and lists the defences that may be available to a restitutionary claim for unjust enrichment. Unjust enrichment is a unified legal concept and discrete source of rights and obligations, centered around a single set of common principles, whereby the law recognises, in a variety of distinct categories of cases, an obligation on the part of the defendant (D) to make fair and just restitution for a benefit derived at the expense of the claimant (C). More particularly, C must show three things to make out a claim in unjust enrichment: • that D was enriched • that D’s enrichment was gained at C’s expense, and • that D’s enrichment at C’s expense unjust Subject to that, the further questions arise, namely: • whether there are any defences to the claim or some other overriding legal principles, grounds or rights which may justify

As a result of the Information about People with Significant Control (Amendment) Regulations 2017, SI 2017/693 (2017 Regulations) coming into force on 26 June 2017 the PSC regime now applies to UK incorporated companies limited by shares or guarantee (including community interest companies), limited liability partnerships (LLPs), unlimited companies, unregistered companies, societas europaea (SEs) and (as a result of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017, SI 2017/694 (Scottish Regulations)) eligible Scottish partnerships (Scottish limited partnerships (SLPs) and Scottish qualifying general partnerships (SQPs)). All UK companies are covered by the regime other than those admitted to trading on a regulated market in the UK or an EEA state (other than the UK) or on specified markets as listed in Schedule 1 to the Register of People with Significant Control Regulations 2016, SI 2016/339 (PSC Regulations). This is an enhancement from the previous position whereby companies that are subject to the FCA’s Disclosure Guidance and Transparency Rule 5 (DTR 5) did not need to keep a register,

We refer you to Practice Note: Probate actions—caveats, which explains what a caveat is, the procedure for entering a warning to a caveat, lodging an appearance and the subsequent steps. This Practice Note (in particular subsection 'Appearance') explains that, when a caveator enters an appearance to a warning, a copy of the appearance is then served on the person who lodged the warning. At this stage, it may be that an agreement can then be negotiated between the parties, in which case a summons for discontinuance of the caveat should be issued for

Our Practice Notes Obligations of controllers—acquiring and increasing control and Obligations of controllers—reducing or ceasing control set out change of control requirements, including the obligation for: • existing controllers to notify the Financial Conduct Authority (FCA) of a reduction

A building site will usually be an area to which the Construction (Design and Management) Regulations 2015, SI 2015/51 (the Construction Regulations) apply, which are effective from 6 April 2015 and replaced the Construction (Design and Management) Regulations 2007 (the 2007 Regulations). Note that the Workplace (Heath, Safety and Welfare) Regulations 1992, SI 1992/3004 do not apply to areas that are construction sites within the meaning of the Construction Regulations, SI 2015/51. In a case such as this, the most relevant regulation would appear to be the duty under the

Position for B2C transactions provided by consumer protection legislation Generally, a term which seeks to restrict the ability to cancel a contract for services or impose high charges for cancellation may be deemed to be unfair pursuant to the provisions of the Consumer Rights Act 2015 (CRA 2015). For example, if a consumer contracts for the hire of a venue for an event but cancels, the venue may be able to resell the slot and therefore not lose money and should not charge the first consumer a draconian cancellation charge. For further information on the principles to be applied in determining whether a term relating to cancellation is unfair, see the Competition and Markets Authority unfair contract terms guidance relating to the application of the CRA 2015. The right to cancel a contract concluded by distance selling

In answering this Q&A, we have assumed this scenario does not relate to the Electronic Communications Code, which is a separate regime for certain telecommunications network operators. The starting point is to consider the terms of any easements or wayleave agreements entered into with the provider. Often such documents will set out termination or ‘lift and shift’ provisions (which enable a landowner to require the provider to relocate the equipment). See Precedent: Lift and shift clause for an example. In the absence of any such express termination or lift and shift provisions, note the following. Electricity Whether an electricity wayleave is binding on a purchaser depends on whether the wayleave was contractual or statutory. A statutory wayleave binds successors in title by virtue of Schedule 4, para 6(6) to the Electricity Act 1989 (EA 1989). As a matter of contract law a contractual wayleave will not bind a person who was not a party to it. The purchaser

Article 104(3) of Directive 2001/83/EC (consolidated version 26.07.2019), the Pharmaceutical Code establishes the requirement for the marketing authorisation holder (MAH) of a medicinal product to ‘have permanently and continuously at his disposal an appropriately qualified person responsible for pharmacovigilance.’ This requirement is implemented into UK law by the regulation 182 of the Human Medicines Regulations 2012, SI 2012/1916. The Qualified Person for Pharmacovigilance (QPPV) is responsible for the establishment and maintenance of the MAH’s pharmacovigilance (PV) system. In relation to the medicinal products covered by the PV system, the Guidelines on good Pharmacovigilance practices (GVP)(PV Guidance) states that: ‘specific additional responsibilities of the QPPV should include: • having an overview

Responding to a counterclaim The procedure for filing a defence to a counterclaim is almost the same as with defending a claim. CPR 20.4(2) states: '(Part 15 makes provision for a defence to a claim and applies to a defence to a counterclaim by virtue of rule 20.3)'. It should be noted that the rules relating to acknowledgement of service do not apply (CPR 20.4(3)). A claimant who wishes to defend a counterclaim must therefore file a defence (CPR 15.2). Failure to do so could result in judgment being entered in default (CPR 20.3(3) & CPR 12). The time for filing a defence to a counterclaim is 14 days after service of the defence (CPR 15.4(1)(a)). By virtue of CPR 15.5(1), time can be extended by up

The Companies Act 2006 (CA 2006) applies to community interest companies (CICs), and the directors of a CIC are subject to the statutory duties set out in CA 2006, ss 171-177, in the same way as any other company limited by shares or guarantee. The relevant duty to be observed in a situation where a director is entering into a transaction with a company is the duty to declare an interest in a proposed transaction or arrangement under CA 2006, s 177, which states in subsection (1): ‘If a director of a company is in any way, directly or indirectly, interested in a proposed transaction or arrangement with the company, he must declare the nature and extent of that interest to the other directors.’ CA 2006, s 177 sets out details of how to declare the interest. It must be declared before the company enters into the transaction or arrangement. For