In this Q&A, we refer to the same lease throughout. Once a deed has been executed, the general rule is the executed deed will take effect against that party in favour of the other named party even if it has not been executed by them, unless the challenging party can prove that: • the deed was delivered subject to a condition that all such parties must execute it, or • it would be inequitable to enforce it (see: Cooch v Goodman) You

The power to impose conditions on the grant of planning permission is provided by section 72 of the Town and Country Planning Act 1990. Conditions must be interpreted in the way a reasonable reader would understand them. Conditions must therefore be clear. If there is any ambiguity in the apparent meaning then regard can be had to the underlying purpose for its imposition: Sevenoaks DC v First Secretary of State. But the courts will not imply a condition or term into a condition unless fulfilment of the condition being scrutinised requires this to achieve its purpose:

Case study: X has signed up to a 'licence' after lease negotiations failed which granted it access to construct a portacabin but not to occupy it. This licence required X to leave the property in the same state and condition (ie by removing the portacabin) if the lease was not completed for any reason. No rent is paid and there is no licence fee. The 'licence' is terminated automatically when the lease is entered into or at a date agreed between the parties. There is then a clause which states that 'the proposed tenant agrees that entry upon the property prior to the completion of the proposed lease is in the capacity of tenant at will and the property will be vacated at any time upon notice given by the proposed landlord' X has been occupying the property

A tenancy, at will, is precarious. It can be brought to an end at the will of either party. The tenancy may be the subject of a written grant, but provided that it is for the best rent, reasonably obtainable and does not take effect as a term of more than three years, it does not have to be. The nature of the right granted depends primarily on the intention of the parties. Where parties are negotiating the terms of a proposed lease, and the prospective tenant is let into possession or permitted to remain in possession in advance of, and in anticipation of, terms being agreed, the fact that the parties have not yet agreed terms will be a factor to be taken into account in ascertaining their intention.

Supporting text to a local plan policy is not part of the policy itself. However in R (on the application

This Q&A considers the status of the Information Commissioner’s Office (ICO) employment practices code and supplementary guidance since 12 December 2023, when they were removed from the ICO employment information page (employment practices hub). The ICO employment practices code, the first sections of which were published in March 2002, was last updated in November 2011. See: The ICO also published supplementary guidance and a quick guide to the employment practices code. See: The employment practices code and related guidance contain sections on: • recruitment and selection • employment

Under the World Trade Organization (WTO) Agreement, the limitations on the tariffs that a WTO member can apply on the import of goods and its commitments to allow trade in services are set out in schedules to the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS) respectively. As an EU Member State, the UK is currently covered by the schedules of the EU. Following withdrawal from the EU, the UK will need to have its own schedules. New UK WTO schedules for both goods and services have been drawn up and notified to the WTO as ‘technical rectifications’, not requiring formal agreement of the other 163 WTO members but only certification by the Director General of the WTO. The process is nonetheless long and complex because certification can only occur once all objections are resolved. The UK WTO goods schedule On 19 July 2018, the UK circulated to the WTO a draft GATT schedule

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) enables qualifying leaseholders collectively to enfranchise and acquire the freehold of the building within which their flats are comprised. There are various formalities and qualification requirements which appear to have been complied with within this scenario. LRHUDA 1993, s 13 provides for the right to claim collective enfranchisement by way of a notice (section 13 notice). In this scenario, a counter-notice has been given under LRHUDA 1993, s 21, but terms have not been agreed. Where, after service of the freeholder's counter-notice, the nominee purchaser and the freeholder cannot agree on the price or

This Q&A relates to the interpretation of various exceptions to copyright infringement under the Copyright Designs and Patents Act 1988 (CDPA 1988). These include: • CDPA 1988, s 29 on research and private study • CDPA 1988, s 30 on criticism, review, quotation and news reporting, and • CDPA 1988, s 30A on parody and pastiche The above are described as fair dealing exceptions which permit certain actions which would otherwise constitute copyright infringement. They are known as fair dealing exceptions because in addition to the need to demonstrate that the circumstances of the use of the copyright work meets the particular conditions of the relevant exception, a defendant relying on them must also show that the use is fair dealing. This is generally a broad evaluative assessment of whether the defendant’s use unduly prejudices

The legal basis for granting a driving licence is set out in Part III of the Road Traffic Act 1988 (RTA 1988) (see, in particular RTA 1988, s 97). In relation to those who suffer from a relevant disability, RTA 1988, s 92 prevents the grant of

Trustees A minor is a person under the age of 18 years: section 1 of the Family Law Reform Act 1969 and is also referred to as a child for the purposes of other statutory provisions: see, for example, section 105 of the Children Act 1989. There are various restrictions on the legal transactions a minor can undertake and this is why it is inappropriate for a minor to be appointed to represent others or hold assets. Consequently, a person must be at least sixteen years old to be a trustee of a charity that is a company or a charitable incorporated organisation and at least eighteen to be a trustee of any other trust. Section 20 of the Law of Property Act 1925 (LPA 1925) provides that

The statutory authority for the provision of special education needs (SEN) provision in Wales is part 4 of the Education Act 1996 (EA 1996), where a child is at a school and otherwise sections 31 and 41 of the Learning and Skills Act 2000 (LSA 2000). If a child with SEN in Wales who is between the ages of 16 and 19 continues to be educated in