General principles―Parliamentary supremacy and implied repeal The doctrine of parliamentary sovereignty requires that Parliament is not bound by its predecessors, and cannot bind its successors. This means that where an Act of Parliament conflicts with earlier legislation, the later Act cannot be read as being conditioned by, or subject to, the earlier legislation. Instead, the later Act is considered to have repealed the earlier legislation by implication (even if this is not done so expressly). Where two Acts or provisions are so inconsistent that they cannot stand together, the effect of the later Act may be to repeal the earlier legislation by implication to the extent necessary to remove the inconsistency. There is a general presumption against implied repeal. This means that courts interpret the provisions of a later Act in a way that is compatible with the earlier one wherever possible. Over time it has also become accepted that in certain contexts (eg in

Caveats A caveat is a written notice in the format set out in Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, Sch 1, Form 3 that no grant of probate or administration is to be sealed in the estate of a named deceased, without notice to the caveator. The effect of a caveat is that the district judge or registrar will not allow any grant to be sealed (other than a grant ad colligenda bona or a grant to an administrator pending suit under section 117 of the Senior Courts Act 1981 (SCA 1981)) if they have knowledge of an effective caveat (NCPR 1987, SI 1987/2024, r 44(1)). The provisions regarding caveats are set out in SCA 1981, s 108 and NCPR 1987, SI 1987/2024, r 44. A caveat usually remains in force for a period of six months and can be extended by written application (NCPR

The effective date for most land transactions will be the date of completion (note completion is not defined in the SDLT legislation although HMRC guidance states that completion means the completion of the land transaction proposed by the contract between the same parties in substantial conformity with the contract). A person is not regarded as entering into a land transaction by reason of entering into a contract to acquire UK land. However, there are special SDLT rules which apply where a contract for a land transaction in entered into. In particular, the effective

This Q&A considers the emerging market position on liabilities (including caps and indemnities) in respect of a processor’s and controller’s contractual liability for breach of data protection obligations in their contracts pursuant to the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR). This answer is based on a range of analyses (referred to below) provided by contributors to Lexis+® UK and Lexis®Library setting out their experiences. It should be noted that with no previous supervisory authority fines to benchmark against, and with a GDPR-related dispute not yet having reached the courts, the GDPR is still too new for a ‘standard position’ to have emerged. Liability under the GDPR Various sanction and enforcement mechanisms are available under the GDPR itself or as a result of the contracts it requires the parties to put in place. Those most likely to be relevant in the context of an agreement between a processor and controller are: • administrative fines for non-compliance (up to the greater of 4% of total global

A defect (or non-completion of an element of works) constitutes a breach of contract entitling the employer to an award of general damages. The employer is required to take reasonable steps to mitigate its loss—for example, it should generally permit a contractor to rectify defects during the defects liability period (if any is specified in the contract) as it will normally be cheaper for the original contractor to carry out the works. Where the contract in question contains an express right for the contractor to return to

Where there is a written agreement between the parties governing the secondment agreement, this will usually provide that termination of the secondee’s employment with the employer company will give rise to termination of the secondment. See for example: • clause 2.1.4 of Precedent: Letter-secondment letter (employer-employee) (designed to be used in conjunction with Precedent: Secondment agreement (employer-host)) • clause 1.1 of Precedent: Secondment agreement (employer-host-employee) In the absence of any such agreement, important considerations are: • whether a term may be implied into the agreement between the host employer and the secondee, eg that the secondment will terminate if the secondee ceases to be employed by the employer company • whether the agreement is terminated by reason of the doctrine of frustration: where,

We have assumed that this Q&A relates to the sale and purchase of shares in a private company limited by shares which is operating a hotel business. Due diligence is the process by which a buyer and its professional advisers investigate a target and identify any areas of concern prior to entering into a binding share sale and purchase agreement (SPA). The process is made up of a number of elements including enquiries of the seller and searches of various public registries, eg Companies House, the Land Charges Registry etc. Using the information obtained, a buyer is able to negotiate the terms of the SPA taking into account the areas of concern that it has identified during the due diligence process. The due diligence process also gives the buyer information that will be helpful after completion in respect of running the target company on a day-to-day basis, eg details of its customers, its suppliers and its employees. For further detail, see

Although the Communications Act 2003 (CA 2003) does not appear to explicitly address the evidential status of either a CA 2003, s 106 direction or the CA 2003, s 108 register, Entries in public registers generally: Halsbury’s Laws of England [966] states: 'Entries in public registers are evidence of the facts

Where a school is a foundation school, the school premises are owned either by the governing body or by a charitable foundation. You may wish to review Commentary: Foundation and voluntary schools: Halsbury's Laws of England [108] for further discussion of this and the background to foundation schools

Administration of the estate Executors are under a duty to ‘collect and get in the real and personal estate of the deceased and administer it according to law’ as per section 25 of the Administration of Estates Act 1925 (AEA 1925). See generally: Personal representatives—overview. Subject to any provisions in the Will, the estate is distributed in an order of priority. The executors are under a duty to discharge the funeral, testamentary and administration expenses and debts and liabilities of the deceased before distributing the estate in accordance with the Will. Pecuniary legacies are paid in priority to gifts of the residuary estate. Generally, a ‘pecuniary legacy’ means a

The principal exemption from 'non-disclosure' obligations is contained in section 35 of the Data Protection Act 1998 (DPA 1998). DPA 1998, s 35 permits disclosures which are required by or under any enactment, by any rule of law or by the order of a court. Personal data are also exempt from the non-disclosure provisions where the disclosure is necessary (a) for the purpose of, or in connection with, any legal proceedings

A covenant to yield up the premises at the end of a lease is, in general terms, complied with by vacating the premises (leaving any alterations that have become part of the land) so that the landlord can occupy them without difficulty or objection (John Laing Construction