There are various rules which govern when a section 27 notice can be served and what information needs to be included which are outside the scope of this Q&A. Notice may be served either under section 27(1) or section 27(2) of the Landlord and Tenant Act 1954 (LTA 1954). A section 27 notice must give at least three months’ notice of the tenant’s intention to either determine the lease, or that it does not wish the lease to continue on its contractual expiry. There is no prescribed form and this can be done by way of a simple letter. See examples here: section 27(1) notice and section 27(2) notice. Pursuant to LTA 1954, s 66(4), section 23 of the Landlord and Tenant Act

The overriding objective, set out in Rule 2 of the Employment Tribunal Rules of Procedure, which are set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 (ET Rules), requires tribunals to: • deal with cases in ways which are proportionate to the complexity and importance of the issues • seek flexibility in the proceedings • avoid delay, so far as compatible with proper consideration of the issues • save expense Rule 46 gives the tribunal the power to conduct any hearing, in whole or in part, by use of electronic communication (including by telephone) provided that: • the tribunal considers that it would be just and equitable to do so • the

Legislative background to DBAs The legalisation of damages-based agreements (DBAs) in contentious business was one of the recommendations made by Sir Rupert Jackson as part of his review of civil litigation costs. DBAs became lawful on 1 April 2013 through section 45 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which amended section 58AA of the Courts and Legal Services Act 1990. Unfortunately, the subordinate legislation which regulates DBAs has led to uncertainty regarding their enforceability. This has led to calls from the Civil Justice Council, the Law Society and the Bar Council to reform the scheme. For this reason, DBAs are a rarely-encountered funding arrangement. Compliance with the DBA regulations In order to be enforceable, a DBA must comply

The Intestacy Rules (which derive authority under the Administrations of Estates Act 1925 (AEA 1925), as amended by the Inheritance and Trustees' Powers Act 2014) govern the estates of persons who die without leaving a validly executed will, or no will at all. The rules were significantly simplified following the amendments enacted in 2014. In summary, where the estate is worth less than £250,000, any surviving spouse or civil partner will inherit the entirety of the estate; if the estate is worth more than £250,000 and there are children, the first £250,000 will go to the spouse or civil partner. Of the remainder, one half goes to the spouse with the other half being divided among

Pursuant to Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in particular FPR 2010, SI 2010/2955, 29.12(1), no document or copy of a document filed or lodged in the court office shall be open to inspection by any person without the permission of the court, and no copy of any such document or copy shall be taken by, or issued to, any person without such permission. Although there is a move towards greater transparency, with accredited press able to attend hearings held in private (and family proceedings are in private unless there is a direction otherwise (FPR 2010, SI 2010/2955, 27.10)), they are not entitled as of right to have access to documents such as bank statements filed within financial remedy proceedings. The press may seek to have sight of court documents to enable them to make sense of proceedings,

Commission/discounts Where a landlord covenants to insure, they often place the insurance through an agency that they gave with the insurance company. This means that the landlord receives commission, usually in the form of a discounted premium. Paragraph 9 of the Landlord Code element of The Code for Leasing Business Premises in England and Wales 2007 (2007 Code) states that landlords must always disclose any commission they are receiving, although the code is not binding on landlords. A landlord will often require a lease provision confirming it may retain any commission or discount for their own benefit (on the basis that it is only available due to their other insurance arrangements—this is particularly the case for landlords with large property portfolios). A compromise (included in the British Property

What are the obligations to set out the basic rate cost of a telephone call? The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (the Consumer Contract Regulations) set out a number of obligations on traders regarding telephone charges. The Consumer Contracts Regulations, which came into force on 13 June 2014, state at reg 41(1): where a trader operates a telephone line for the purpose of consumers contacting the trader by telephone in relation to contracts entered into with the trader, a consumer contacting the trader must not be bound to pay more than the basic rate. In addition, the Consumer Contract Regulations, Sch 2, para (i) states there is an obligation to provide information to the consumer (under the Consumer Contract Regulations, reg 10(1) and 13(1)) where: the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate. Is the term ‘basic rate’ defined? The term is not defined anywhere

The UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code) prohibits any advertising that may materially mislead or be likely to do so (rule 3.1). It also contains rules on comparative advertising against both identifiable and unidentifiable competitors (rules 3.33–3.38) The Advertising Standards Authority (ASA) has been clear (see ASA advice note ‘Comparisons: General’) that adverts do not necessarily need to expressly name a competitor to fall with the rules on comparative advertising. Claims such as ‘leading’ or ‘UK’s most effective’ are likely to be viewed as a comparison against all competitors in the market (see ASA ruling on Medichem International (Manufacturing) Ltd, 13 April 2016; Liverpool-Kop.com, 27 May 2015). If it is possible for a consumer to identify at least one competitor, whether or not they are named in the advert, then the rules on comparative advertising will apply. Claims made in advertising about a

In this Q&A, it has been assumed that the question refers to pleading set off in a counterclaim. Furthermore, this Q&A has focussed on when and what type of set-off may be pleaded and any impact on interest claimed under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998). The availability and types of set-off For general guidance on setting-off see Practice Note: Types of set-off. Types of set-off—Independent set-off and Types of set-off—Transaction set-off (also known as equitable set-off) can both be used as a defence in legal proceedings. Independent set-off is used to set-off reciprocal claims, which are independent of each other and unconnected. Transaction set-off arises when two claims are so closely connected that it would be unjust to allow one party (X) to enforce its claim without giving credit for the

On 14 June 2019, a new rule was introduced into the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code), banning harmful gender stereotypes in advertisements. The CAP and BCAP Codes are self-regulatory industry codes of practice setting out rules applicable to advertising in the UK, and are enforced by the Advertising Standards Authority (ASA). This Q&A considers the background to the introduction of the new rule, scenarios featured in ads likely to breach the rule, and key factors guiding the ASA’s assessment of ads featuring gender stereotypes. For more information on the laws and regulations governing advertising in general, see Practice Note: Advertising law and regulation. What is the background to the changes? In 2012, the ASA conducted research into harm and offence in ads, which identified gender stereotyping as an issue of concern. In April 2016, the ASA initiated a project to test whether the CAP and BCAP Codes and the ASA’s enforcement of them in relation to gender

For the purpose of this Q&A we have assumed that this is an above-threshold procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. PCR 2015, SI 2015/102, reg 42 permits contracting authorities to set out technical specifications with which bids for public contracts must comply. However, such specifications should not be a disguised means of protectionism or favouritism. In other words, the use of specifications or ‘brands’ must not be used to create obstacles to competition or derogate from a lawful public procurement exercise in accordance with the rules. As regards the performance or functional requirements of goods, such as boilers, the technical specifications must be set out precisely and clearly. However, a technical specification must not refer to a ‘specific make’, patent, trademark (or brand) where

This Q&A looks at the rules on the interpretation of ambulatory and non-ambulatory references to EU-derived legislation within UK legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). Meaning of ‘ambulatory’ and ‘non-ambulatory’ references A reference in legislation X to legislation Y is ‘ambulatory’ if the reference automatically updates every time legislation Y is amended. It is a question of interpretation whether the reference to legislation Y is ambulatory. For example, if the reference is to legislation Y ‘as amended from time to time’, that is a clear indication the reference is ambulatory. For further guidance, see Commentary: Incorporation by reference: Bennion, Bailey and Norbury on Statutory Interpretation [17.9]. Note that references in EU legislation are generally regarded as ambulatory (or ‘dynamic’, see page 52 of the EU legislative drafting guide). It is therefore likely that references in EU regulations incorporated into retained EU law by EU(W)A 2018, s 3 will be interpreted as ambulatory. That is because of the