Before April 2013, all cases of this sort were covered by the ‘six-pack’ workplace regulations issued by the Secretary of State under section 47 of the Health and Safety at Work etc Act 1974 (HSWA 1974)—they were thus cases about breach of statutory duties, usually ones imposing strict liability. Since an assessment of contributory negligence involves consideration of causative potency and blameworthiness (the latter being more important; Stapley v Gypsum Mines), it follows that breaches of strict and clearly defined duties by an employer will almost always outweigh the contribution of the employee. This was the primary reason why, commenting on contributory negligence in such cases, Buxton LJ stated in Toole v Bolton MBC at [13] that ‘it is

The holder of a qualifying agricultural floating charge (being a floating charge created under section 5 of the Agricultural Credits Act 1928 (ACA 1928) (an AFC) is permitted to appoint an administrator to a partnership (being a general partnership rather than a limited partnership or a limited liability partnership) using the out-of-court route pursuant to Schedule 2, paragraph 7 to the Insolvent Partnerships Order 1994, SI 1994/2421 (IPO 1994) which modifies the out-of-court procedure set out in Schedule B1, paragraph 14 to the Insolvency Act 1986, (IA 1986). For the criteria of what constitutes a 'qualifying' agricultural floating charge, please see the IA 1986, Sch B1,

A member of a trade union has a number of remedies at their disposal if they are aggrieved that they have been disciplined or expelled by their union: • there is a statutory right against 'unjustifiable' discipline, as defined • there is a statutory right against expulsion from a trade union save on specified grounds An individual union member may, furthermore, wish, alternatively or additionally, to have recourse to the common law (see Practice Note: Discipline by trade unions—Common law right). Rights arising under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) may be asserted before an employment tribunal. Common law claims may be taken to the High Court or County Court. A union member may alternatively complain to the certification officer that there has been a breach, or threatened breach, of a union rule relating

In liquidation and bankruptcy, the relevant date for the taking of the account is when the company enters liquidation or the individual is made bankrupt. In administration, the relevant date is when the administrator has given notice that they intend to make a distribution and has delivered a notice under Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.29. The rule is different

Rent charges and increase in rent The relevant sections of the Housing Act 1985 (HA 1985) are ss 24–25. In relation to rent charges, HA 1985, s 24 states the following: '(1) A local housing authority may make such reasonable charges as they may determine for the tenancy or occupation of their houses.  (2) The authority shall from time to time review rents and make such changes, either of rents generally or of particular

Overview Under section 198 of the Town and Country Planning Act 1990, local planning authorities (LPAs) may if ‘expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their area’ make for that purpose an order with respect to such trees, groups of trees or woodlands as may be specified in the order. Such orders are known as tree preservation orders (TPOs). Under the Town and Country Planning (Tree Preservation) (England) Regulations 2012 (the English TPO Regulations), SI 2012/605, reg 16 in England and the Town and Country Planning (Trees) Regulations 1999 (the Welsh TPO Regulations), SI 1999/1892, reg 9B in Wales (collectively the TPO Regulations), a person may apply to an LPA for consent to the cutting down, topping, lopping or uprooting of any tree in respect of which a TPO is for the time being in force. For further

Under the Rehabilitation of Offenders Act 1974 (ROA 1974), convictions may become spent after a specified period of time. Under ROA 1974, the time it takes for a conviction to become spent will generally depend on the sentence (not the offence) imposed. ROA 1974, s 5 sets out the rehabilitation periods and specifies the sentences to which it applies. The rehabilitation periods are set out in ROA 1974, s 5(2)–(5) (as amended). They start as soon as the offender is convicted and runs until the end of the specified period, in most cases, the period set out in the table at ROA 1974, s 5(2)(b), with reference to the sentence imposed. Some of the most relevant current rehabilitation periods that might apply to a conviction for fraud, theft or handling of stolen

Section 21(4D) of the Housing Act 1988 (HA 1988) provides that ‘Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4)’. This question raises the issue of what the landlord must do to 'begin' proceedings for the purpose of HA 1988:

Civil proceedings in the County Court and High Court are governed by the Civil Procedure Rules (CPR). Under the CPR, statements of case (such as particulars of claim or a defence), witness statements, and expert reports (among other

The Regulations The general law is that the parties to a contract can restrict or prohibit the ability to assign rights arising under the contract. The law on the assignment of receivables was, in certain circumstances, altered by the Business Contract Terms (Assignment of Receivables) Regulations 2018 (Assignment of Receivables Regulations), SI 2018/1254 which came into force on 23 November 2018. The Assignment of Receivables Regulations, SI 2018/1254 were passed pursuant to powers conferred by sections 1 and 161(2) of the Small Business, Enterprise and Employment Act 2015 and apply to contracts entered into on or after 31 December 2018. The effect of the Assignment of Receivables Regulations, SI 2018/1254 is to invalidate restrictions or prohibitions on the assignment of receivables in certain types of contract. A ‘receivable’ is defined in the Assignment of Receivables Regulations, SI 2018/1254, reg 1(3) as a right (whether or not earned by

We assume you are referring to a notice to quit to determine the periodic tenancy. To answer this question you will need to consider: • what is the period of the tenancy • what is the requisite notice period for tenancy from year to year; and • what is the requisite notice period for other periodic tenancies What is the period of the tenancy? A periodic tenancy is a tenancy that can be created either by express agreement or by inference. The period of the tenancy will usually be the period by reference to which rent is reserved, rather than when it is payable. By way of example, if the parties agree (or agreed under a previous fixed term lease): • an annual rent of £30,000 payable monthly, a yearly tenancy will likely arise, rather than a monthly tenancy • a quarterly or monthly rent, a quarterly or monthly tenancy will likely arise respectively However,

The right of abode—status The right of abode in the UK is an immigration status. A person who has the right of abode is free to live in, and to come and go into and from, the UK, subject only to restrictions to enable the right to be established or which may otherwise be lawfully imposed. Restrictions imposed include: • being asked to produce a passport when seeking to enter the UK • being refused entry where unable to produce a relevant UK passport • being refused entry where unable to produce a certificate of entitlement when seeking to enter, and • being subject to a temporary exclusion order, whether or not the person has also been issued with a permit to return A person with the right of abode is not subject to immigration control in the UK. The right of abode is conferred on all British citizens by the Immigration Act 1971, s 2 (IA 1971). Certain Commonwealth citizens who held the right of abode in the UK