You may wish to continue to hold it as stakeholder. As a stakeholder, you are holding the deposit to the order of both the landlord and tenant and which means you are bound to pay it to them as they

International organisations are defined in Article 4(26) of the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 as ‘an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries’. Examples would be NATO, the UN and other multi-country organisations. GDPR, Regulation (EU) 2016/679, Art 44 provides that any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of GDPR, the conditions laid down in Chapter V of GDPR are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another

Nominee arrangements may be informal and undocumented or may be set out in more or less detailed documentation specifying the precise duties of the nominee. A nominee may be an individual or a body corporate. In the absence of documentation, a nominee will typically be a bare trustee, or a mere agent, having obligations to: • exercise all voting rights attaching to the shares in question as directed by the beneficial owner • account to the beneficial owner for all dividends and distributions received in relation to the shares • hold additional

Definition of property and some general principles Property is defined very widely in section 436 of the Insolvency Act 1986 (IA 1986), and includes 'money, goods, things in action, land and every description of property wherever situated and also obligations and every description of interest, whether present or future or vested or contingent, arising out of, or incidental to, property'. This statutory definition is broad enough to include property, both tangible and intangible and wherever situated (on foreign property—see Sanders v Donovan); with real estate, the usual rules of international law provide that the trustee in bankruptcy (trustee) will require an order from the court where that property is situated to enforce their rights. In general terms, all property (as so broadly defined) belonging to or vested in the bankrupt at the commencement of the bankruptcy forms part of the bankruptcy estate and will vest automatically in the trustee immediately upon their appointment. There

In conducting the research for this Q&A, we have focused on amending statements of case and on mistake in contract. Amending a statement of case CPR 17.1 provides that a statement of case may be amended: • at any time before it has been served on any other party • after it has been served: ◦ with the written consent of all the parties, or ◦ with the permission of the court In Thurrock Borough Council v Secretary of State for the Environment, Transport and the Regions, the court allowed permission to amend a claim form which cited the wrong section of the Town and Country Planning Act 1990 as to do otherwise would inhibit the power of the court to address the issue in the case. For guidance on amending statements of case, see Practice Note: Amending a statement of case—introduction. See further: Power to amend

Much will depend on what type of enquiry and reply and whether the local authority has successfully excluded liability as part of the terms of the service. There is an authority which confirms that a local authority can be liable. A good example is the case of Chesterton Commercial (Oxon) Ltd v Oxfordshire County Council in which the Council failed to disclose an ongoing investigation as to whether a part of the property to be purchased was a highway maintainable at public expense, in fact the reply stated that it was not. Under section 36 of the Highways Act 1980, local authorities are required to create and maintain a list of highways maintainable at public expense in their area. The local authority had not kept this list up to date and had not

In responding to this Q&A, we have focussed on the power of the personal representatives (PRs) to sell the shares. We have not considered company law or specific tax law issues. PRs have absolute powers, under the Administration of Estates Act 1925, the Trusts of Land and Appointment of Trustees Act 1996, and the Trustee Act 2000 to sell, mortgage, lease or charge all the deceased's property vesting in

Under bankruptcy law, the bankrupt’s property subject to certain exceptions, called the estate, vests in the trustee in bankruptcy automatically upon the trustee’s appointment (section 306 of the Insolvency Act 1986 (IA 1986)). What lies behind the concept of the trustee standing in the bankrupt’s shoes is the principle that the trustee simply replaces the bankrupt as the owner of the estate and, subject to any special rules such as the anti-avoidance provisions or ‘the use it or lose it’ provisions relating to the bankrupt’s home, is in no better or worse a position than the bankrupt would have been in relation to the property. The rule is set out in Title acquired by trustee: Halsbury’s Laws of England [406], which repeats the wording used in previous editions: ‘The general rule is that the trustee in bankruptcy takes no better title to property than the bankrupt himself had. The bankrupt’s property passes to the trustee in the same plight and condition in which

HMRC’s powers of enquiry and information about compliance checks are covered in Practice Note: HMRC compliance checks, enquiries and discovery assessments. HMRC's time limits for opening an enquiry (often referred to as the enquiry window) for individuals and trustees is: • 12 months after the tax return was delivered (if it was delivered on or before filing day) • the quarter day next following 12 months after the tax return was delivered (if it was delivered late or was amended) For this purpose, the quarter days are 31 January, 30 April, 31 July and 31 October. See sections 8A(5), 9ZA, 9ZB and 9A(2) of the Taxes Management Act 1970. See also: HMRC’s Enquiry Manual EM1506 and HMRC: compliance

Debts secured by a fixed charge are paid ahead of all other debts on an insolvency, including the expenses of the insolvency. In this sense a fixed charge is considered the best type of security to hold on an insolvency. Holders of fixed charge security are paid out of the realisations from the sale of the asset(s) subject to their fixed charge. Realisations from a fixed charge asset are not available for the general body of creditors unless there is a surplus after the secured creditor has been paid in full. If the realisations from the fixed charge asset are insufficient to pay fixed charge creditor in full, the creditor will have an unsecured claim for the balance of the debt (although they may also benefit from floating charge security). For a discussion of the order of payments and the ranking

In very simple terms, and with some important exceptions, a bankruptcy order is intended to provide a bankrupt with a ‘clean slate’ by consolidating and freeing them of their debts, with creditors receiving however many pence in the pound in respect of sums owed to them. A lump sum order (and any costs order) made in financial remedy proceedings can found a bankruptcy petition as (since 1 April 2005) it is a ‘provable’ debt. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.2 now provides: '14.2.— (1) All claims by creditors except as provided in this rule, are provable as debts against the company or bankrupt,

The UK Government has published its Data Protection Bill (DPB 2017) which received its First Reading in the House of Lords. DPB 2017 (a lengthy document of more than 200 pages) will be a foundation of the UK’s new data protection regime. Further details on the aims and objectives of the DPB 2017 are referred to in Practice Note: The Data Protection Act 2018. In this Q&A we have focussed on automated decision-making under DPB 2017, s 13. We have focussed on DPB 2017, s 13 solely as it applies to personal data processing subject to DPB 2017, Pt 2, Chapter II to which the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 applies under EU law (that is as opposed to processing under the ‘applied GDPR’ regime or DPB 2017, Pts 3 or 4 that apply to certain