A rentcharge is a sum charged on land other than rent due under a lease. The owner of the freehold of the land pays an annual or other periodic sum of money. Historically, rentcharges were used by developers to purchase land at less than value in order to subsidise the cost of the development in return for an annual fee, as well as to secure other costs or obligations, such as tithes or chancel repair. Rentcharges are referred to as being historic as a result of the prevention by virtue of the Rentcharges Act 1977 (RA 1977) of the creation of new rentcharges subject to a small number of exceptions. Rentcharges are also being phased out, with RA 1977 containing a deemed termination date (60 years, with

A ‘rentcharge’ is a sum charged on land other than rent due under a lease. The owner of the freehold of the land pays an annual or other periodic sum of money. Historically, rentcharges were used by developers to purchase land at less than value in order to subsidise the cost of the development, in return for an annual fee, as well as to secure other costs or obligations such as tithes or chancel repair. ‘Rentcharges’ are referred to as being historic as a result of the prevention by virtue of the Rentcharges Act 1977 (RA 1977) of the creation of new rentcharges subject to a small number of exceptions. Rentcharges are also being phased out, with RA 1977 containing a deemed termination date (60 years, with

This Q&A assumes that there is a commercial lease over industrial premises, and under which there is a restrictive covenant preventing the tenant from ‘sharing occupation of the premises or granting rights over the premises to a third party’. There is a proposed ‘agreement’ by which equipment (possibly vehicles) would be stored on the land. There are three ways that this could operate: by lease granting an interest in the land to a third party, by licence giving the third party permission to store equipment on the land, or by a contract by which the tenant will have custody of the equipment for a particular storage period. The creation of a lease would be in breach

You may find the following Practice Notes of assistance when drafting a response to a letter of claim because they set out possible defences and exclusions from infringement: • Copyright—permitted acts and defences • Database right—permitted acts and remedies • Defences to infringement of UK registered and unregistered designs • Defences

Distribution is given a wide definition for the purpose of Part 23 (ss 829–853) of the Companies Act 2006 (CA 2006), meaning every description of distribution of a company’s assets to its members, whether in cash or otherwise, with four specific exceptions. In particular, an issue of fully paid or partly paid bonus shares is not a distribution for the purposes of the CA 2006. A company (whether public or private) can only make a distribution: • out of profits available for the purpose (ie its distributable reserves), and • in the case of a public company that is not an investment company, if the net asset test is satisfied (ie as long as the company's net assets are not less than the aggregate of its called-up share capital and undistributable reserves and are not reduced to less than that

Under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (the Order), SI 1994/1623, a respondent employer is entitled to make a contract claim (ie a contractual counterclaim) against a claimant if, and only if, that claimant has included a contract claim in their ET1 claim form which has been served on that respondent. Where a respondent wishes to make such a contractual counterclaim, it must be included as part of the ET3 response. See rule 23 of the ET Rules and Practice Note: Employer's contract claim (counterclaim) in the employment tribunal. There are certain

The UK SE Employee Involvement Regulations (Regulations), SI 2009/2401, together with the European Public Limited-Liability Company Regulations 2004 (UK SE Regulations), SI 2004/2326, implement Directive 2001/86/EEC, relating to the involvement of employees in the administration, supervision and operation of an SE (the SE Directive). The SE Directive supplements Regulation 2157/2001, the Regulation on the Statute for a European company (the SE Regulation). The UK SE Employee Involvement Regulations, SI 2009/2401 apply where a participating company intends to establish an SE whose registered office is to be in Great Britain, or where an SE has its registered office in Great Britain. Nothing in the Regulations affects involvement rights of employees of an SE, its subsidiaries or establishments provided for by law or practice in the EEA state in which they were employed immediately prior to the registration of the

The nature of the legal relationships Its important to be clear on the nature of the legal relationships between each of supplier A, supplier B and customer C. It is stated that customer C and supplier A have a direct contractual relationship between them. It will be necessary to review the terms of that contract, in order to identify if the proposed course of action will be in breach of the specific terms of the agreement, or otherwise cause a conflict or ambiguity leading to a commercial risk. It is stated that ‘A works with another nominated supplier B on our behalf’. ‘On our behalf’ indicates the possibility that supplier A may be acting in some capacity as an agent of C in its dealings with supplier B. Agency is a relationship under which a principal appoints an agent to act under their direction

The following key legislation should be considered when traders are dealing with a consumer: • Consumer Rights Act 2015 (CRA 2015) • Alternative Dispute Resolution for Consumer Disputes (Competent Authorities) Regulations 2015, SI 2015/542 • Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 • Consumer Protection (Amendment) Regulations 2014, SI 2014/870 • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 • Consumer Rights (Payment Surcharges) Regulations 2012, SI 2012/3110 • Payment Services Regulations 2017, SI 2017/752 • Consumer Protection Act 1987 (CPA 1987) Legislation Date of application Description Consumer Rights Act 2015 The CRA 2015 took effect as of 1 October 2015, under the Consumer Rights Act 2015 (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. The CRA 2015 covers consumer rights and remedies for the sale of goods, supply of digital goods, and supply of services, as well as regulating the law on unfair terms in consumer contracts. In addition, it included changes to the enforcement of consumer

Section 178 of the Town and Country Planning Act 1990 (TCPA 1990) provides for the execution and cost of works required by enforcement notice: '(1) Where any steps required by an enforcement notice to be taken are not taken within the period for compliance with the notice, the local planning authority may— (a) enter the land and take the steps; and (b) recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.' The TCPA 1990, s 178(5)

As detailed in the Practice Note: Visitors: prohibited and permitted activities, the permitted activities that a Visitor (Standard) route can carry out are set out in para PA5-PA6 of the Immigration Rules, Appendix Visitor: Permitted Activities, as follows: ‘PA 5. An employee of an overseas based company may: (a) advise and consult; and (b) trouble-shoot; and (c) provide training; and (d) share skills and knowledge; on a specific internal project with UK employees of the same corporate group, provided no work is carried out directly with clients. PA 6. An internal auditor may carry out regulatory or financial audits at a UK branch

While robo-advisers are not subject to a specific or unique regulatory framework, the Financial Conduct Authority (FCA) published a statement in May 2018 saying it expects such services to meet the same regulatory standards as traditional advisory services. The FCA states this means that automated investment advisory services should as well take a ‘proportionate approach to information gathering while maintaining the appropriate level of client protection’. Although this has never been explicitly stated by a court in England and Wales, this might mean that the test for negligence against an automated adviser would be analogous to that of a normal financial adviser. As established in Bolam v Friern Hospital Management