Under the Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, regs 65(4), 69(4) a revised liability and a revised demand notice respectively must be issued if there are changes to the amount of Community Infrastructure Levy (CIL) payable. This would include circumstances where the gross internal area (GIA)

For information on the qualifying period for unfair dismissal generally, see Practice Note: Qualifying period for unfair dismissal. Under section 108(1) of the Employment Rights Act 1996 (ERA 1996), the right not to be unfairly dismissed only arises when the employee, by the effective date of termination of their employment, has been continuously employed for a period of at least two years. There

An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those premises occupies either as a tenant under a service tenancy or as a licensee under a service occupancy (or tied accommodation as it is also known). The distinction is important because, under a service occupancy, the right to terminate arises when the employment ends whereas a service tenancy will be regulated by the Housing Act 1988 (HA 1988). Service

This Q&A focuses on the position under the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR 2003) in the context of direct marketing to individual corporate subscribers. Direct marketing—generally The Data Protection Act 1998 (DPA 1998) provides certain rights to individuals in relation to how their personal data is used, including for direct marketing purposes. The PECR 2003, SI 2003/2426 as amended provides specific rules on sending direct marketing messages by electronic means. DPA 1998, s 11(3) defines direct marketing as: ‘the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals’. This definition is mirrored in PECR 2003, SI 2003/2426. Under DPA 1998: individuals have the right to ask an organisation to stop using their personal data for direct marketing. This applies to all

The Data Protection Act 1998 (DPA 1998) applies to a UK-established data controller who processes personal data in the context of that establishment. The DPA 1998 also applies to a data controller who processes personal data using equipment located in the UK if the data controller in question is not established in the UK or within another European Economic Area state. Statutory obligations The DPA 1998, Sch 1 lists the data protection principles which govern the protection of personal data. As the DPA 1998 regulates a wide range of data processing activities (including HR, marketing and customer data processing), these principles are expressed in very broad terms. The broad nature of the principles makes it hard for a data controller (the entity responsible for complying with the

In order for a landlord and tenant to validly agree to contract out of the protection of the Landlord and Tenant Act 1954 (LTA 1954), they must follow the procedure set out in LTA 1954, s 38A(3). The requirements for this process are set out in Practice Note: Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls. Part of the process involves the tenant signing a simple or statutory declaration. The form of the statutory declaration is set out in the Regulatory Reform (Business Tenancies) (England & Wales) Order 2003, SI 2003/3096,

Where a landlord wishes to sell or transfer his interest in a building it may be the case that the right of first refusal arises. This right is conferred by the Landlord and Tenant Act 1987 (LTA 1987) (as amended by the Housing Act 1996) where premises comprise of two or more flats, no more than 50% of the premises are non-residential, and more than 50% of the flats must be held by qualifying tenants (LTA 1987, s 1). Certain types of landlord are also excluded from

When a company is dissolved, all property and rights vested in or held on trust for a company immediately before dissolution are deemed to be bona vacantia and vest in the Crown (or in the Duchy

From 1 April 2013, where parties fund their litigation via conditional fee agreements (CFAs) and/or after-the-event (ATE) insurance, the CFA success fee and ATE premium are no longer recoverable from the losing opponent if the case is successful—for the exceptions to this, see below. Parties can still enter into CFAs and take out ATE insurance to fund their litigation but have to bear the additional

All expenses properly incurred in the winding up, including the remuneration of the liquidator, are payable out of the company’s assets in priority to all other claims. Expenses are to be paid in accordance with the Insolvency Rules 2016 (IR 2016), SI 2016/1024, r 7.108(4)(a) (for winding up by the court) and IR 2016, SI 2016/1024, r 6.42(4)(a) (for company voluntary liquidations). The application of this order of priority of payment continues to apply to the successive office-holder, who must discharge expenses in accordance with that order, irrespective of whether they were incurred by a predecessor. However, while the costs and expenses of winding up are given statutory priority under sections 115 and 175(2) of the Insolvency Act 1986 (IA 1986), remuneration of a liquidator will need to be appropriately determined before it can be paid. Where there is a change in liquidator,

Charges granted by a company should be registered. The relevant law was amended in April 2013 with the insertion of a new Part 25 into the Companies Act 2006 (CA 2006) (CA 2006, Pt 25). The requirements for applying to court to extend time for registering a charge at Companies House are addressed below. As a general rule, all charges granted by a company must be registered at Companies House (and in some cases also at the Land Registry). There are some exceptions for particular types of charges, such as rent deposit deeds. One reason why it is important to register a charge granted by a company is to protect the charge and the chargee in the event of the company’s insolvency. In April 2013, the relevant law in the CA 2006 governing the registering of charges at Companies House were amended. A charge must be registered

If a company enters a formal insolvency process, such as liquidation or administration, then the office-holder may bring claims against third parties and/or its directors. Directors of companies in the twilight zone, being the period in which the directors’