Legal Professional Privilege The core aim of privilege is to protect the confidentiality of communications between clients and their lawyers. The right belongs to the client and not to the lawyer. Privilege entitles a party (or their successor in title) to withhold evidence from production to a third party or the court. Once a document is privileged it will always be privileged, subject to inadvertent disclosure or waiver by the client. However, it is important to be aware that privilege may be lost by the document entering the public domain, eg by it being read to or by the court or by it being referred to in a public hearing. The various forms of privilege are: • legal professional privilege, which includes legal advice privilege and litigation privilege • joint privilege • common interest privilege • privilege against self-incrimination Legal advice privilege Legal advice privilege protects from inspection confidential communications between A (the client) and B (the professional legal advisor or in-house lawyer)

The contractual position Construction is an industry where subcontracts are frequently used. The employer enters into a contract with the main contractor, and the main contractor subcontracts all or part of the work to the subcontractor. See Practice Note: Sub-contracting in construction projects. The most common way to hold a main contractor to account for a default by a subcontractor is through a term in the main contract, for example, a term that the main contractor is responsible for 'the acts, defaults and neglects of any subcontractor as if they were the acts, defaults or neglects of the main contractor'. Alternatively, the employer may make provision to acquire directly enforceable rights against a subcontractor, usually by means of third party rights and collateral warranties. See Practice Note: What are collateral warranties? If a subcontractor

This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its security. It also considers the position of a receiver appointed by the security holder prior to the dissolution of the relevant company. Summary If a security provider is dissolved as a matter of English law it is normally still possible for the security holder to enforce the security it holds by exercising the mortgagee’s power of sale. There may be circumstances in any particular case that make an application to restore the dissolved company to the register desirable to protect the security holder’s position. Circumstances where this issue commonly arises The problems associated with a security provider being dissolved while security is in force occur most often in real estate finance and other asset finance transactions. Typically, these issues arise where a special purpose vehicle (SPV) or a series of SPVs are used to hold particular

Statutory redundancy pay An employee is entitled to a redundancy payment when: • he is an employee • he has been continuously employed for not less than two years • he has been dismissed • the dismissal was by reason of redundancy For the purposes of entitlement to a redundancy payment, dismissal means any situation where: • the employer terminates the contract under which he is employed by the employer, with or without notice • a limited term contract comes to an end and is not renewed • an employee is entitled to terminate the contract with or without notice by reason of the employer’s conduct, and does so (except by reason of a lock out) • notice is given by the employer and the employee subsequently gives notice in writing

Broadly, sponsoring self-employed individuals appears to be envisaged under the sponsor licensing regime (for relevant discussion, see Q&A: Is it possible for a Skilled Worker licensed sponsor to sponsor a migrant to become a member of an LLP rather than an employee? Note that this does not deal with separate tax and employment law tests relating to self-employment/types of employment). In accordance with Home Office guidance Workers and Temporary Workers: guidance for sponsors part 2 S1.29, a genuine contract for employment or services between the employer and the self-employed worker must be in place. The contract must show: • the names and signatures

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Section 261 of the Insolvency Act 1986 (IA 1986) is contained within IA 1986, Pt VIII, which deals with individual voluntary arrangements (IVAs). The section applies where the creditors’ meeting under IA 1986, s 257 approves the proposed IVA and the debtor is an undischarged bankrupt. Where this section applies, the court shall annul the bankruptcy order on an application made by the bankrupt. IA 1986, s 261(4) then states that ‘Where this section applies the court may give such directions about the conduct of the bankruptcy

CPR PD 51U indeed only makes provisions regarding photocopies at CPR PD 51U, para 13. This provision is silent on photocopying charges for inspection, so that there is no guidance on this issue under the disclosure pilot. Parties to proceedings subject to the disclosure pilot under CPR PD 51U should, however, be conscious of the emphasis under the disclosure pilot to work electronically as opposed to providing hard copy documents. The default position under CPR PD 51U, para 13.1 is that only where hard copy documents are disclosable (as opposed to electronic documents) should photocopies (or scans) be produced. Note also that initial disclosure should be provided in electronic form unless otherwise ordered or agreed (CPR PD 51U, para 5.5). Furthermore, under the disclosure

The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) continues and extends the protections given to commercial tenants during the coronavirus (COVID-19) pandemic. It does this by ringfencing rent and service charge debts accrued during the period when premises were required to close, and establishing a statutory arbitration process under which the debts may be reduced or payment deferred. It also imposes a moratorium on landlord remedies in order to protect tenants while the arbitration process takes place. CR(C)A 2022, s 1 provides that the CR(C)A 2022 enables the matter of relief from payment of protected rent debts due from the tenant

Interpretation of retained EU law under the European Union (Withdrawal) Act 2018 Section 6 of the European Union (Withdrawal) Act 2018 (EU(W)A 2018) provides that retained EU law which has not been modified on or after IP completion day (and questions as to its validity, meaning or effect) is to be interpreted according to retained case law and retained general principles of EU law so far as it is relevant to any matter before the court or tribunal. Retained EU law which has been modified after IP completion day can still be interpreted in accordance with retained case law and retained general principles of EU law provided that/to the extent that to do so is ‘consistent with the intention of the modifications’. After

We have assumed that the emails are used strictly for training purposes and the reader is in no doubt that this is so. In this regard, it may not be enough to say 'here are some emails, some of which are scams, can you spot them?' The reader must be warned in advance. Under section 10 of the Trade Marks Act 1994, use of a registered trade mark belonging to another is only prohibited if: • it is used without the consent of the registered trade mark owner, and • it is used in the course of trade The 'course of trade' means in a context where a trade is intended to be engendered by

Much will depend on when Company B went into occupation and began to pay rent. If it was after the dissolution of Company A, at that stage the lease will already have gone to the Crown as bona vacantia property. See Practice Note: Bona vacantia and company property. ‘Bona vacantia’ is a latin term meaning ‘ownerless goods’. On dissolution, all property and rights vested in, or held on trust for the company, immediately before dissolution are deemed to be bona vacantia and vest in the Crown (or in the Duchy of Lancaster or Duke of Cornwall if the company’s registered office was in Lancaster or Cornwall respectively). This includes leasehold property, but not property held by the company on trust for any other person. The Crown is not obliged to deal with property vested in it as bona vacantia in any particular

The signature for a statement of truth may be printed electronically, by computer or other mechanical means (CPR 5.3). The name of the person whose signature is printed must also be printed so that the person may be identified, except where the document is a claim form issued through the Claims Production Centre (CPR PD 5A, para 1). In respect of the meaning of CPR 5.3, the signature of documents by mechanical means: The Signature of documents by mechanical means: The Civil Court Practice