The High Court has repeatedly stated that each case must be decided on its own facts. The behavior set out below is likely to be considered (unlawfully) plying for hire: • inviting and attracting customers for immediate hire while driving around • stopping on a taxi rank to pick up customers • stopping on

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period. As explained below, practical completion is an important stage in a construction project because it has significant commercial, contractual, financial and practical implications for both the employer and the contractor. Whether a construction project has, in fact, achieved practical completion is a frequent source of disagreement and disputes within the construction industry. Practical completion is also known as ‘substantial completion’ or simply ‘completion’ in some contracts. What does 'practical completion' mean? Many problems that occur on construction projects in relation to practical completion arise out of the difficulty in knowing what the term practical completion means. It is quite typical for the expression 'practical completion' to be used in building contracts with little or no clarification as to what it is intended to mean, ie what state the contract requires the works to have reached in order for them to

The main types of privilege dealt with in this Q&As are litigation privilege and legal advice privilege. Basic principles Privilege is what stops communications being discloseable to the court or an opposing party. The two main types to consider in relation to IP are legal advice privilege, which covers all types of legal advice, and litigation privilege, which is specific to litigation that is underway or is likely to be soon. The guidance about securing and maintaining privilege comes from case law. (For more details on privilege and IP, see Practice Note: Privilege and intellectual property.) Both types of privilege require the same basic conditions before privilege protection can be engaged: • there must be a communication

Many lawyers recognise it is a privilege to be able to provide legal advice and representation and be a part of the legal system. With this privilege comes a responsibility to help ensure that everyone has access to justice. This Practice Note provides information about what pro bono is and the reasons why lawyers may choose to undertake some form of pro bono work. What is pro bono? The term pro bono is the commonly used shortened version of the Latin phrase ‘pro bono publico’, meaning ‘for the common good’. It is usually used as shorthand for pro bono legal work, eg where free legal advice is provided voluntarily by a lawyer or firm to individuals, charities or community groups who cannot afford to pay for it. For law firms, pro bono work should always be an addition to, and not a substitute for, properly funded legal services. Many believe that pro bono services should only be offered in circumstances where the work is completely outside the scope of publicly funded services. Others think if it would

Programmatic advertising is the automated process of buying and selling ad inventory through an exchange, connecting advertisers to publishers. Programmatic uses artificial intelligence and real-time bidding for inventory. Programmatic advertising allows a website to tailor a specific message to the right person by reaching audiences by demographics such as age, gender, social standing, interests and geographic areas. In its simplest form, programmatic advertising means an automated way of buying and selling advertising. It is most commonly used for online display, social media advertising, mobile and video campaigns, although it is expanding to traditional TV advertising marketplaces. Traditionally, advertisers had to buy online media space by e-mailing or calling a media owner’s ad sales team and placing manual insertion orders. Now advertisers can use software to bid on ad slots which will be viewed by selected audiences across a group of websites. Automating the ad buying process in this way means that it can be done in real time and does not rely on human interaction, leading to greater efficiency and reduced costs. However, the

How can a director be disqualified? There are many ways in which a director may be disqualified, from the various sections under the Company Directors Disqualification Act 1986 (CDDA 1986) to the Insolvency Act 1986 (IA 1986) disqualifications, including disqualification as a bankrupt and under a bankruptcy restrictions order (BRO) or undertaking (BRU). For further reading, see Practice Notes: • Practice Note: How can a director be disqualified as a company director? • Bankruptcy restrictions orders and undertakings—overview It is not intended in this Practice Note to consider all restrictions imposed by a BRO, BRU or bankruptcy. For full details of these, see separate Practice Note: Effect and duration of bankruptcy restrictions orders and undertakings. This Practice Note covers restrictions imposed from a disqualification under CDDA 1986, s 6. This Practice Note does not cover the restrictions imposed by IA 1986, s 216 concerning prohibited names. For further reading on these restrictions, see Practice Note: Prohibited names under section 216 of the Insolvency Act 1986. Restrictions arising from disqualification under the

The definition of property is set out in section 436 of the Insolvency Act 1986 (IA 1986) and is very wide. It can include land, money,

What is prorogation of Parliament? Prorogation is an act which marks the end of a parliamentary session without the dissolution of Parliament. It occurs between sessions, to break a parliamentary deadlock, or before Parliament is formally dissolved prior to a general election. Prorogation differs from adjournment, during which Parliament does not sit for a period of time, but parliamentary business can still continue as before. Prorogation is a prerogative act. The Crown, by virtue of section 1 of the Prorogation Act 1867, exercises the power to prorogue Parliament on the advice of the Privy Council, however, whether the Crown must follow this advice is contested. In some Commonwealth jurisdictions, prorogation has been challenged, even refused, by the heads of state, eg in Victoria, Australia in 1867, South Western Australia in 1907 and Canada in 2008. For background reading on prorogation generally, see: • Practice Note: Head of State and Parliament • Commentary: Prorogation and adjournment: Erskine May Parliamentary Practice [8.5] • Commentary: 838. Prorogation by exercise of

Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law after Brexit. It is a defined term under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). There is no specific list of EU legislation within the scope of the statutory definition of retained EU law. It is a matter of statutory interpretation. Statutory definition of retained EU law In order to work out what qualifies as retained EU law and what is excluded therefrom, the first reference point is sections 2 to 7 of the EU(W)A 2018. EU(W)A 2018, s 6(7) defines retained EU law as ‘anything which, on or after exit day, continues to be, or forms part of, domestic law by virtue of section 2, 3 or 4’. In other words, this body of retained law includes: • EU-derived domestic legislation, as it has effect in domestic law immediately before exit day • direct EU legislation (including EU regulations, EU decisions, EU tertiary legislation, Annexes to the EEA agreement, and Protocol

Retained case law is defined in section 6(7) of the European Union (Withdrawal) Act 2018 (EU(W)A 2018). It encompasses both domestic case law and the case law of the Court of Justice of the European Union (CJEU), as they have effect immediately before the end of the Brexit transition/implementation period (referred to in UK law as IP completion day). Case law only falls within the definition of retained case law insofar as it relates to retained EU law. Retained EU law includes EU-derived domestic legislation (retained under EU(W)A 2018, s 2), direct EU legislation (retained law under EU(W)A 2018, s 3) or other rights etc (retained under EU(W)A 2018, s 4).

Personal data Under section 1 of the Data Protection Act 1998 (DPA 1998), 'personal data' is defined as data which relate to a living individual who can be identified: (a) from those data; or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller. The definition includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual concerned. An individual who is the subject of Personal data (as defined above) is referred to the ‘data subject’. See Practice Note: Key definitions under the DPA 1998. For related reading on personal data, see also: • Information Commissioner's Office (ICO) guidance:

Set-off is a complex yet important concept in legal proceedings generally and for many different types of transaction. Independent set-off and transaction set-off can both be used as a defence in legal proceedings. For more information, see Practice Notes: Independent set-off and transaction set-off and Pleading set-off. In commercial transactions, transaction set-off will be an important right for a party who is claiming breach of contract as a defence to a claim for payment under that contract. Contracting parties may also specifically cater for set-off in their written contract, either by extending or limiting the scope of rights of set-off between them. For more information, see Practice Note: Contractual set-off. Contractual set-off, insolvency set-off and banker's set-off will be important for many finance transactions. For more information, see Practice Note: Set-off in finance transactions. Set-off is also frequently used in the construction industry to manage cash flow. For more information, see Practice Note: Set-off in construction. Set-off can also often arise within the context of landlord and tenant relations