CPR 20 deals with counterclaims and additional claims and applies to: ‘a) a counterclaim by a defendant against the claimant or against the claimant and some other person; (b) an additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity

Forms In relation to court forms, an N161 will be necessary if the Ladd v Marshall application to rely on fresh evidence is to be contained within the appeal notice. An N244 will be necessary if the application is being made separately. For further information, see Precedent: Application to rely on fresh evidence and Application to rely on fresh evidence: Butterworths Civil Court Precedents [202.3]. Ladd v Marshall approach The appeal court will not normally consider evidence which was not before the lower court. However, in JW Grant and Co v Troy Foods Ltd, the Court of Appeal confirmed that it may allow new evidence to be adduced in an appeal pursuant to CPR 52.11(2)(b) if the criteria set out in Ladd v Marshall are satisfied, ie if the new evidence: • could not have been obtained with reasonable diligence for use at the hearing below • would

Claims for underpayment of holiday pay are most commonly brought as an unlawful deductions from wages claim (section 13 of the Employment Rights Act 1996 (ERA 1996)). A claim for unlawful deductions from wages can be brought in relation to a 'one off' failure to pay holiday pay or an ongoing failure to pay holiday pay amounting to a 'series of deductions'. The period within which a claim for unlawful deductions can be brought is three months from the deduction (ERA 1996, s 23(2)) or three months from the last in a series of deductions. The Deductions from Wages (Limitation) Regulations 2014, SI 2014/3322, amended ERA 1996, s 23, introducing a two-year backstop on the period over which a worker can

A breach of personal data can arise in two ways: (1) a breach of a free standing right of privacy (which used to be known as misuse of confidential information) and (2) a breach of the rules concerning data protection. In some senses the distinction does not matter as both stem from breach of the right of privacy enshrined in art 8 of the European Convention on Human Rights. However, in the first case damages for stress and inconvenience are simply not available under current UK law. In relation to the second class there is now no or little doubt that such damages are claimable as a matter of principle; see Google v Vidal-Hall. However the appropriate practical means whereby the level of damages are to be calculated has yet to be set. Although such damages are 'European' in nature since

The Advertising Standards Authority (ASA) and Committee of Advertising Practice (CAP) (which is administered by the ASA) have been administrating the non-broadcast Advertising Code for over 50 years and the broadcast Advertising Code for over ten. The ASA’s remit was extended in 2011 to include claims made by organisations on their own websites and in social media spaces under their control. The ASA is not subject to the Freedom of Information Act 2000 but provides information on its website. CAP and the ASA have reported on their website that in 2016, they resolved over 29,000 complaints relating to just under 16,000 advertisements. In addition, ASA and CAP resolved 5,425

This Q&A assumes that the personal data in question relates to the client, ie the client is the data subject. Law firms based in the UK will be caught by the data protection regime, ie the Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), including in relation to clients who are outside the UK. This means you must comply with the data protection principles, eg: • process personal data lawfully, fairly and in a transparent manner • do not collect or use more personal data than you need • ensure personal data is accurate and kept up to date • do not keep personal data for longer than you need it • take appropriate steps to keep personal data secure You will also need to have a lawful ground for processing

The General Data Protection Regulation provides for enhanced rights for data subjects including providing rights of rectification, erasure and restriction of processing, data portability, and a right of data subjects, with strict time limits for complying. Article 15 of the GDPR provides that the data subject has the right to request confirmation of whether personal data concerning them is being processed, and where it is, access to the personal data and certain further information—a right of access. The right of access is very similar in the GDPR to previous legislation, with a handful of notable changes, including in relation to the supplementary information the data subject has the right to obtain. In addition to supplying a copy of the data requested, you must supply the following information: • the purposes of the processing • the categories of personal data concerned • the recipients or categories of recipient to whom the personal data has been or will be disclosed, in particular recipients in third countries

The terms 'allotment' and 'issue' are often used interchangeably in relation to new shares in the capital of a company, however, the terms do have distinct legal meanings. Shares in a company are allotted when a person acquires the unconditional right to be included in the register of members in respect of those shares. The subsequent issue of those shares is when the name of the person to whom the shares have been allotted is entered on the register of members of the company in respect of them. Allotment creates a right for a person to be registered as a member of a company, but only once a share has been issued

The date on which an agreement is intended to take effect can be different to the date on which it is signed. Unless otherwise provided, an agreement takes effect once signed by all parties. If the effective date is not the date on which the document is signed by all the parties this should be made clear in the agreement itself in a separate commencement clause. See the Drafting Notes to Precedent: Commencement and term clause and Practice Note: Executing documents—deeds and simple contracts for more information. Consideration too should be given to the general principles on contract interpretation. The terms of a contract, including any reference to a commencement date or effective date will be interpreted (and thus will be binding or not binding on the parties) in accordance with the usual rules of contract interpretation. In addition, there

Except where it participates in CREST, every company, other than a private company formed on or after 30 June 2016 that elects not to do so, is required to keep a register of its members under the Companies Act 2006, s 113 which prescribes that the following particulars must be entered: • the names and addresses of the members • the date on which each person was entered in the register as a member, and • the date at which any person ceased to be a member It is not

The Rent (Agriculture) Act 1976 (R(A)A 1976) provides for security of tenure and succession rights in respect of certain accommodation provided for agricultural workers by their employers, if the arrangement began before 15 January 1989. Unlike most tied accommodation arrangements, agricultural workers retain their occupation rights after their employment comes to an end, a statutory agricultural tenancy then arising (R(A)A 1976, s 2). R(A)A 1976, s 3 allows for rights of succession to a partner

Section 72(1) of the Housing Act 2004 (HA 2004) provides that it is an offence for a person to be in control or management of a house in multiple occupation (HMO) that requires a licence, but which is not licenced. HA 2004, s 234(3) provides that it is an offence for a person to fail to comply with a regulation that has been made under that section. HA 2004 introduced a regime relating to HMOs, including a new definition. All shared houses are HMOs. Certain types of HMO (based upon size and number of occupants) are required to have a mandatory HMO licence. Local authorities (LA) can also require that HMOs that do not require a mandatory licence nevertheless obtain an additional HMO licence. As noted in the preceding paragraph, there are criminal sanctions in respect