The key regulations that govern energy performance certificates (EPCs) are the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118 and the Building Regulations 2010, SI 2010/2214, which implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU, (recast EPBD Directive). EPC Regs 2012 apply to all buildings across England and Wales. Under the regulations an EPC is required: • when an existing building is sold or rented out • when a building under construction is finished, or • after refurbishment when there are greater

The nature of the executor’s obligations The central duty of an executor is to collect and get in the real and personal estate of the deceased and administer it according to law—section 25(a) of the Administration of Estates Act 1925. The position of executor is a fiduciary one, with duties being owed to the beneficiaries of the estate as a whole. These obligations are enforceable at the instance of the beneficiaries. Disputes about substantive entitlements One species of dispute that may arise between the residuary beneficiary and other beneficiaries is what their respective entitlements under the Will amount to. For example, it might be disputed whether or not the condition has been satisfied for a conditional gift to take effect or come to an end. The disputes which may arise will depend on the provisions of the Will in question, and on the nature of the estate assets. The executor should not simply do nothing unless and

Often construction contracts are based on a standard form contract, such as the forms issued by the Joint Contracts Tribunal (JCT), the Institution of Civil Engineers (NEC), or the International Federation of Consulting Engineers (FIDIC). When a dispute arises as to the meaning of a particular provision in a standard form contract, parties may seek to rely on guidance or commentary on the standard form (as well as other authorities) to support their arguments in relation to the interpretation of that provision. Alternatively, a party may wish to distance itself from any guidance or commentary and argue for a different interpretation of the relevant provision in the specific circumstances of the case. Where guidance or commentary on a particular provision is available, does it have a role to play before the court or tribunal interpreting the standard form contract provisions? There is no simple set of rules to follow in respect of how contracts may be construed and interpreted. Over the years a considerable

The Financial Conduct Authority (FCA) is the single statutory regulator of the financial services industry in the UK, it is operationally independent and is funded entirely by the firms it regulates. For more information on the FCA's role see our Practice Note: Other regulatory bodies together with our Practice Note: Relationship between regulators, which explains the relationship between the seven main regulatory bodies operating in the mainstream legal sector. The Exempt Professional Firm (EPF) regime As a general rule, any business that conducts a regulated financial activity needs to be authorised by the FCA because of the

The UK government plays a significant role in the regulation of advertising through a combination of statutory controls and support for self-regulation. Statutory regulation is primarily governed by legislation such as the Communications Act 2003, the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276, and the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). These laws underpin the rules set out in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and the UK Code of Broadcast Advertising (BCAP Code). The government also initiates programmes like the Online Advertising Programme (OAP) to address emerging risks, such as harms from illegal online advertising and the protection of children from inappropriate content. The OAP involves consultations with stakeholders and the establishment of taskforces to refine regulatory frameworks and address specific issues, such as age assurance and influencer marketing. For more information, see Practice Notes: Advertising law and regulation and UK media content regulation. Self-regulation is a cornerstone

Subject to any provisions in the company's articles which provide otherwise: • a shareholder may be elected as chair of a general meeting (GM) by a resolution of the company passed at the meeting • a proxy shareholder may be appointed as the chair of the meeting by a resolution of the company passed at the meeting The Model Articles provide in the first instance for election of the chair by the directors. However if no chair has been appointed prior to a meeting, or if the chair is unwilling to chair the meeting or is not present within ten minutes of the time at which the meeting

The rule on joint arrangements is set out in Schedule 1A, Part 3, paras 10–25 of the Companies Act 2006 (CA 2006) which states that if shares or rights held by a person and shares or rights held by another person are the subject of a joint arrangement between those persons, each of them is treated as holding

The procedure of the First-tier Tribunal (FTT) (Property Chamber) is governed by the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (Property Chamber Rules 2013), SI 2013/1169 (as amended). Property Chamber Rules 2013, SI 2013/1169, r 8(2) provides that if a party has failed to comply with a requirement in the rules, a practice direction, or a direction, the FTT may take such action as it considers just, which may include, among other things, waiving that requirement, requiring to be remedied, striking out a case, or barring or restricting a party’s participation in the proceedings. None of these sanctions are automatic, and therefore require the FTT to exercise any of those discretionary powers. The Supreme Court considered the issue of sanctions in the FTT in

As the acquisition of a right on the basis of long use rests on the presumption of a grant, the extent of the right is measured by the extent of the user. The starting point for assessing the extent of the right acquired must therefore relate to what has, in fact, been enjoyed. A right acquired by long user is a restriction

Tax analysis: The Supreme Court has ruled that HMRC’s authority to disclose confidential information about taxpayers is not as broad as HMRC thought it was. Gideon Sanitt, a partner at Macfarlanes, examines R (Ingenious Media Holdings) v HMRC.

What is the scope of application for the standard selection questionnaire? The ‘Standard Selection Questionnaire’ section in Practice Note: Pre-qualification and selection questionnaires—pre-PA 2023 [Archived] discusses the application of the standard selection questionnaire for contracting authorities in England, and contracting authorities in Wales and Northern Ireland that exercise wholly or mainly reserved functions. This section of the Practice Note is worded to align with the statutory guidance on the pre-qualification stage for public procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, ie: Procurement Policy Note (PPN) 8/16: Standard Selection Questionnaire (SQ) template. In terms of the scope of application of this guidance, paragraph 4 of PPN 8/16 provides: ‘This PPN applies to all contracting authorities in England, and contracting authorities

Class F of Schedule 2 Part 8 of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (the GPDO) provides permitted development rights for development at an airport in England. Development falling within Class F would therefore not require planning permission. Class F states that ‘the carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport’ is permitted. There are a number of exceptions to this right. Development is not permitted by Class F if it would consist of or include: • the construction or extension of a runway • the construction of a passenger terminal the floor space of which would exceed 500 square metres • the extension or alteration of a passenger terminal,