The executor is likely to have the power to access the deceased’s computer pursuant to their powers and duties as administrator, including those set out in section 25 of the Administration of Estates Act 1925—see Practice Note: Personal representatives—powers, duties and remuneration. However, the deceased’s ownership of the computer does

We assume the contract in question is an off-premises business-to-consumer (B2C) contract for the supply of services, with both contracting parties based in the UK. In conducting our research we have focussed on rights and remedies under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations), SI 2013/3134 only, other remedies may be available

This Q&A will discuss copyright, UK design rights, UK patents and UK trade marks, albeit an in-depth analysis of any one of these IP rights will not be possible in the space available. This Q&A will only discuss the issues regarding co-ownership in the UK. Note that the relevant issues may vary between jurisdictions (eg the US or EU). Copyright The author of the relevant work is automatically the first owner of any copyright which subsists in that work (section 11 of the Copyright Designs and Patents Act 1988 (CDPA 1988)). The author is the person who creates the work (CDPA 1988, s 9). Where the work is co-authored, the authors will be joint owners of any copyright. For literary, dramatic, musical and artistic works (LDMAs), a work is of joint authorship where it is produced by the collaboration of two or more authors where each author's contribution is not distinct from that of the other (CDPA 1988, s 10(1)). CDPA 1988

Cancellation Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, a consumer has the right to cancel a distance or off-premises contract within the cancellation period without giving any reason or incurring liability, subject to certain exceptions. The cancellation period generally lasts 14 days from the date of delivery of the goods or the conclusion of the contract, depending on the type of contract. This right applies regardless of the consumer's financial means or ability to pay for the goods, as the Regulations do not impose a requirement for the consumer to demonstrate financial capability to exercise the right to cancel. For more information, see Practice Note: Distance, doorstep and on-premises sales. See also: Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Goods—Flowchart. Right of redress In the alternative, a consumer who has entered into a contract for goods and has been subjected to aggressive sales tactics

A company having a share capital may have separate classes of shares. The rights attaching to a particular class of shares will usually be set out in a company’s articles of association or in a shareholders’ resolution approving the allotment of the shares and there may be further shareholder resolutions amending share rights in accordance with the Companies Act 2006 (CA 2006). Rights attaching to a particular class of shares may also be set out in a shareholders’ agreement. A company may issue shares conferring such rights as it deems appropriate (Andrews v Gas Meter Co). Article 22(1) of the model articles for a private company limited by shares and article 43(1) of the model articles for a public company permit a company,

There is nothing in the Companies Act 2006 (CA 2006) that deals with the exercise of the rights attaching to shares that are being bought back by a company, where the share buyback has not yet been completed. Once shares are bought back from a company, if they are held as treasury shares within the meaning of CA 2006, s 724, the CA 2006 does make provision about the rights attaching to them in CA 2006, s 726. On this, see Practice Note: Holding treasury shares. You may also find it useful to refer to Practice Note: Buying back shares into treasury. However, where a company has entered into a contract to buy back shares that has not been completed, the exercise of the rights attaching to those shares prior to completion of the share buyback will be governed by the terms of the agreement reached between the company (the transferee) and the selling

The personal representative (PRs) of a deceased person’s estate or the trustees of a settlement have personal liability for any losses to the estate or the trust, capped at the value of the estate funds or trust funds. The PRs or trustees would therefore be

While the estate is being administered, the ownership in the deceased's unadministered assets is vested in the personal representatives (PRs) for the purposes of administration, without any distinction between legal and equitable interests. Where the deceased left a valid Will, an executor of that Will may do all things

Previously, section 30(2) of the Trade Marks Act 1994 (TMA 1994) provided that unless the licence provided otherwise, any licensee could call on the proprietor to bring infringement proceedings in relation to any matter which affected their interests. Pursuant to TMA 1994, s 30(3), if the proprietor refused to bring proceedings or failed to do so within two months, the licensee could sue as if they were a proprietor. This position changed in 2019, when the provisions set out in TMA 1994, s 30(2) and (3) were amended by the Trade Marks Regulations 2018, SI 2018/825, such that they now apply only to exclusive licensees, and TMA 1994, s 30(1A) was inserted. TMA 1994, s 30(1A) provides: ‘Except so far as the licence provides otherwise, a licensee may only bring proceedings for infringement of the registered trade mark with the consent of the proprietor (but see subsections (2) and (3)).’ This means that non-exclusive licensees are unable to take legal action themselves unless they have the consent of the proprietor

Creditors now have virtually the same rights in both members' and creditors' voluntary liquidations as regards to the agreement of their claims as creditors. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, Pt 14 gives the procedures for the agreement of creditors' claims and this applies to winding up proceedings regardless of their nature (ie whether or not the winding up is compulsory, creditors' or members' voluntary) unless specific rules state otherwise. It is not known why the liquidator has rejected the claim. Under IR 2016, SI 2016/1024, r 14.1, it is not necessary for a creditor to submit a proof of debt in a members' voluntary liquidation (MVL), although this is necessary in other types of liquidation. If the claim has been rejected because the liquidator has not received a proof of debt then the creditor should contact the

The Gas Act 1986 (GA 1986) permits the installation of pipes and other apparatus in the adopted highway. However, if a public gas transporter wishes to lay pipes on private land, it must resort to its compulsory purchase powers. See GA 1986, s 9. A ‘gas transporter’ (ie the holder of a licence under GA 1986, s 7) may be authorised

Periodic tenancy A periodic tenancy can be terminated on notice at least equal to the period of the tenancy, and end at the end of the relevant period. For example, for a monthly periodic tenancy, at least one month’s notice will be required, expiring at the end of the monthly period. You may wish to consider Lexis®Calculate date to date calculator, which may be used to assist with calculating deadlines. However, where the tenant is in occupation for the purposes of a business under a periodic tenancy, the tenancy will be automatically protected by Part II of the Landlord and Tenant Act 1954 (LTA 1954). Periodic tenancies cannot be contracted out of LTA 1954. If this is the case, both the contractual periodic tenancy and the statutory tenancy need to be terminated