This Q&A assumes that the construction of the wall will not impact on any public rights of way and will not interfere with or stop up any highway. Simply blocking an access, eg by adding a padlock will not engage planning law, unless there is a specific planning requirement for the access to be kept open, eg through a planning condition or obligation requiring the access to be retained. Where a more substantial blockage is suggested such as replacing a gate with a wall to block the access, then the construction of a wall amounts

An action for unlawful eviction arises when an occupier is removed from, or prevented from accessing premises which they are entitled to occupy, without the legally prescribed means being used to evict them. There are two torts and three criminal offences which are specific to unlawful eviction

There are two separate issues to consider in relation to this Q&A: • is the change to the share capital of the company a ‘disqualifying event’? and • do the new restrictions on the shares amount to a variation of the enterprise management incentives (EMI) share option agreement and do they have to be notified to the option holder? Disqualifying event A variation of the share capital of the company is a disqualifying event if it affects (or would but for some other event affect) the value of the shares to which the option relates and involves the creation, variation or removal of a right or restriction to which any shares in the company are subject, and whose effect is: • that the requirements of Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) are no longer met, or • to increase the

What guidance is available for researching the possible exemptions applicable to a request for information, under the Freedom of Information Act 2000 (FIA 2000) or Environmental Information Regulations 2004, SI 2004/3391, concerning Standards Committee complaints/proceedings? We have a range of guidance on FIA 2000 and EIR 2004, SI 2004/3391 regimes and associated case law, which you may find useful in your research. For background reading on exemptions under FIA 2000, see Practice Notes: • Absolute exemptions to a freedom of information request • Qualified exemptions to a freedom of information request For background reading on exceptions under EIR 2004, SI 2004/3391, see Practice Note: Environmental Information Regulations 2004—exceptions. In relation to specific cases/scenarios, you may be interested to look at our case trackers and run a keyword search for comparable scenarios. For further reading, see Practice Notes: • Freedom

The fees are set by the Data Protection (Charges and Information) Regulations 2018, SI 2018/480. For background information, see Practice Note: The Data Protection Act 2018 (DPA 2018) and below. The data protection fee is different depending on the size of the organisation. There are three rates: Tier Applies to Fee Tier 1 (micro organisations) Organisations with:• turnover of £632,000 or less, or • 10 or fewer members of staff CharitiesSmall occupational pension schemes £40 Tier 2 (small and medium-sized enterprises) Organisations that are not in Tier 1 with:• turnover of £36 million or less, or • 250

As explained in our Lexis® PSL Property Q&A: What is the position regarding a lease and obligations under that lease where a tenant company (Company A) was dissolved and before or after dissolution another company (Company B) went into occupation and began to pay rent? in the case of Lankester & Son Ltd v Rennie a landlord did not give consent to a proposed assignment, but the proposed assignee went into occupation and paid rent direct

Consequences of failure to register Since the Land Registration Act 2002 (LRA 2002) came into effect on 13 October 2003, LRA 2002, s 4(1)(c) requires the grant of a lease for a term exceeding seven years from the date of grant to be registered. The lessee must apply for registration within two months of the grant and if that does not happen, LRA 2002, s 7(1) provides that the lease 'becomes void as regards the…grant…of a legal estate' and LRA 2002, s 7(2)(b) provides that 'the grant…takes effect as a contract made for valuable consideration to grant…the legal estate concerned.' Accordingly, it takes effect in equity only. As such the consequences of failure to register impact on the type

Charity law and duty of care It is not clear from the question how the charity is constituted. The people who serve on the governing body of a charity are responsible for the general management and control of the administration of the charity. They are commonly referred to as the ‘charity trustees’, but may equally be known as the trustees, directors, board members, governors or committee members. A charity trustee’s responsibilities are broadly the same whatever they are called. However, the exact legal position will differ depending on whether the charity is incorporated or unincorporated. The trustees have, and must accept, ultimate responsibility for directing the affairs of a charity, and ensuring it is solvent, well-run and delivering charitable outcomes for the benefit of the public for which it has been set up. Section 1 of the Trustee Act 2000 (TrA 2000) sets out a statutory

Special category personal data is: • personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership • genetic data • biometric data processed for the purpose of uniquely identifying a natural person, or • data concerning health or a natural person’s sex life or sexual orientation To process special category personal data, you: • must have a lawful ground for processing under Article 6 of the GDPR • will also need to satisfy a specific condition under Article 9 of the GDPR In respect of special category data of third parties received by a law firm in the course of providing legal services to clients, the Article 6 ground is likely to be legitimate interests. Article 6 lawful grounds for processing personal data There are six potentially lawful grounds under the GDPR for processing personal data. See Practice Note: Processing special category personal data

To process the personal data of third parties, you must have a lawful ground for processing under Article 6 of the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR). Where this includes special category personal data, you will also need to satisfy a specific condition under Article 9 of the GDPR. The

Areas of potential concern or liability for the employer arising from a hotel guest videoing or recording an employee at work may include harassment, data protection and the term of trust and confidence. Harassment Consideration should be given to whether the videoing/recording of an employee at work may amount to harassment, harassment that relates to a protected characteristic (eg sex), or harassment of a sexual nature (sexual harassment). For more information generally, see Practice Notes: Harassment and Sexual harassment and the duty to prevent it. An employer has no explicit liability under the Equality Act 2010 (EqA 2010) for the harassing actions of other third parties. For more information, see the section: ‘Liability for actions of third parties’ of Practice Note: Harassment. Separately, employers have a duty to take reasonable steps to prevent sexual harassment of employees (EqA 2010, s 40A). It

Options for grant In general, an order for the grant of a new tenancy pursuant to the Landlord and Tenant Act 1954 (LTA 1954) will be an order for the grant of a new tenancy of the 'holding'. Where the current tenancy includes rights enjoyed by the tenant in connection with the holding, those rights must be included in a tenancy ordered to be granted, except as otherwise agreed between the landlord and tenant or in default of such agreement, determined by the court. As identified in the case of Nevill Long & Co (Boards) Ltd v Firmenich & Co, a right of way may continue