We refer you to our Practice Note: Meetings—executive decision-making process, which outlines the three main types of local government model for decision-making bodies, both executive and non-executive. The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations, SI 2012/2089, which were implemented in August 2012 to enhance public awareness of the decision-making process, only apply to executive decisions and not to decisions to be taken by Council, or a committee or an officer on behalf of Council. Similar, but significantly different processes apply to decision-making by or on behalf of Council, and these processes are set out in ss 100A–100K of the Local Government Act 1972 (LGA 1972). Please see the judgment of Mr Justice Stuart-Smith, in particular paragraphs 33–37, in R (on the application of Bridgerow Ltd) v Cheshire

A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria) to a 90-year extension of the lease under Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) on broadly the same terms as the existing lease for a peppercorn rent, upon payment of a premium (LRHUDA 1993, s 39). LRHUDA 1993, s 56 requires that the lease is granted ‘...in substitution for the existing lease’. Therefore, there must be an immediate surrender and regrant of the tenant’s existing lease. Section 150 of the Law of Property Act 1925 intervenes if a lease is surrendered (by deed or by implied surrender) for the purpose of granting a new lease.

It is entirely possible, and quite common in practice, for a lease with security of tenure under the Landlord and Tenant Act 1954 (LTA 1954) to be renewed by consent, without recourse to service of notices under LTA 1954, s 25 or LTA 1954, s 26. The effect of completing a new lease of the same property between the same parties, which is to take effect immediately, will be to impliedly surrender the existing lease. This is not prevented by the provisions dealing with

The Corporate Insolvency and Governance Act 2020 inserted Part A1 into the Insolvency Act 1986 (IA 1986) which provides for an insolvency process whereby directors of insolvent companies or companies that are likely to become insolvent can obtain a 20 business day moratorium period. This is designed to allow viable businesses time to restructure

Directions questionnaires and case management Each party is required to identify the number of witnesses they intend to call at the trial including, if appropriate, themselves on their directions questionnaire (see section D3 of Form N180 for small claims track and section F of Form N181 for fast-track and multi-track claims). See also the Practice Notes: Directions questionnaires and Witness evidence—the mechanics of giving evidence at trial. In the event that a party does not consider that witness evidence is required, the court will reflect this in the directions order. For examples of draft direction orders, see Precedents: Small claims track standard directions, Case management—Ministry of Justice standard directions and model paragraphs or Fast track standard directions—position before 1 October 2023, as appropriate. If a party subsequently

We refer you to the following extract from Halsbury’s Laws of England which you may find useful: • Obligation to repair way: Halsbury's Laws of England It appears to be settled law that an easement may be granted on the ‘condition’ that the dominant owner for the time being complies with an obligation to repair, and therefore would be determinable or defeasible on non-compliance. In Halsall v Brizell, Upjohn J stated: 'It is… conceded to be ancient law that a man cannot take benefit under a deed without subscribing to the obligations thereunder'. Therefore, although we cannot find any authority analogous

A wayleave agreement is a form of agreement between a landowner and a utility supply company allowing the latter to place equipment on or through the land for the purpose of providing power supply apparatus, such as cabling, pylons or other necessary items. Ordinarily the landowner will receive a payment by way of compensation in return for the right. Wayleaves are regulated by the Electricity Act 1989, among other statutes (in respect of other utilities such as water, gas and broadband) and will either be contractual or compulsorily granted by the Secretary of State where the requirements for a necessary wayleave are met. For more information, see Practice Note: Statutory wayleaves and rights of access. While a contractual wayleave usually contains a termination clause the use of such a clause will often lead to the supplier

This Q&A considers the employment law position where one party, (A), outsources work to (B). The service will come to an end at the end of the calendar year. (A) wants to take the service in-house, but will only be able to do so if funding is granted by a third party. It is unlikely that funding will be granted until after the New Year. The relevant staff are being told that they will be made redundant at the end of the year and that, if funding is granted later, they will need to re-apply for their jobs, with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) not applying. Will the acceptance of a redundancy payment mean that the employees are unable to assert that they have transferred to (A) under TUPE 2006, should funding subsequently

Where an employment contract provides for a three-year fixed term, with no provision for the employee to give notice of termination during the term, if the employee purports to terminate the contract before the end of the fixed term this will amount to a repudiatory breach of contract. The general rule is that where one party is guilty of a repudiatory breach of contract, then that entitles the other (without prejudice to his right to claim damages for the breach) either: • to affirm the contract, notwithstanding the breach, or • to elect to treat himself as thereby discharged from any other performance of his own contractual obligations Where the wronged party is the employer, he must make sure that he does not delay unacceptably or act in some other way inconsistent with electing to terminate the contract. There is, however, one important qualification here, namely that the employer does not waive the alleged breach merely by taking the employee through the proper disciplinary procedure. For

No moratorium applies to arbitration proceedings in which the insolvent company is a claimant. The

Where the work-seeker is a company, the effect of Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations 2003), SI 2003/3319, reg 32(1)–(8) is to extend the term ‘work-seeker’ to include a company work-seeker, and to modify the regulations referred to, in order to bring the

A subtenancy for a term longer than that of the tenancy normally constitutes an assignment by operation of law. However, this principle does not apply to periodic tenancies or tenancies of uncertain duration, such as those which can be continued by the Landlord and Tenant Act 1954 (LTA 1954) (William Skelton & Son v Harrison & Pinder).