In practice, it does not matter a great deal whether the beneficiary is a pecuniary legatee, a specific legatee or a residuary beneficiary. However, in respect of the residuary beneficiaries, the duty of care extends to supplying the client with copies of all accounts so that they might ascertain

Solicitors are entitled to remuneration for non-contentious business, such as estate administration work, that is fair and reasonable having regard to all the circumstances of the case, under the Solicitors’ (Non-Contentious Business) Remuneration Order 2009, SI 2009/193. Where a solicitor has rendered a bill for non-contentious probate work, the court has the power to assess the solicitors’ fees as to what is fair and reasonable under sections 70 and 71 of the Solicitors Act 1974 (SA 1974). The court may also retain a jurisdiction at common law to resolve challenges to the reasonableness of a solicitor’s bill of costs even where an assessment is not available under statute (see Turner v Palomo). Assessment under SA 1974 The people who may be entitled to have the bill assessed by the court under SA 1974, ss 70 and 71 are: • (1) the person chargeable

Estate information generally An executor/personal representative (PR) has a duty to account to the court. A residuary beneficiary is entitled to request estate accounts from the PR detailing the composition of the estate and its liabilities. Once requested, these should be prepared within a reasonable period (Re Tillot). This right also applies to creditors. If the PR refuses to prepare estate accounts, or unreasonably delays, a residuary beneficiary can make an application to the probate registry (from which the grant of probate/letters of administration is issued) under the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 25. The application should be made by summons (NCPR 1987, SI 1987/2024, r 61). The application should be supported by an affidavit setting out the details of the estate, the applicant’s interest in the estate and why the account is sought. If

Under the Best Value Authorities Staff Transfers (Pensions) Direction 2007 (Best Value Direction), employees who are transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 are entitled to ‘pension protection'. This means they must be provided with pension benefits that are the same as, broadly comparable to, or better than the rights they had before the transfer, see Practice Note: Local government outsourcing—the pension issues and Local government pensions—overview. The Best Value Direction applies to English best value authorities, including local authorities, and mandates that contractors provide for this pension

Normally, if there is privately owned land in between a property and the highway, the person requiring access over that land will be granted rights of access over it by the owner of that land. If the ownership over the access route is unknown and therefore no rights are granted, there is a risk that the owner of that intervening land may come forward at some point in the future and either seek to prevent the user from accessing their property, or charge money for doing so. Ascertaining ownership of access route It may be possible to reveal the ownership of the access route through a Land Registry search, or by examining the title deeds of properties on the road or deeds granting rights of way over the road. It may be useful to also investigate whether a third party has ever claimed ownership over the route historically, or (in the case

Gas companies’ rights to enter premises for maintenance and repair are statutory rights, mainly from the Rights of Entry (Gas and Electricity Boards) Act 1954 (RE(GEB)A 1954), the Gas Act 1986 (GA 1986) and Gas Safety (Rights of Entry) Regulations (the Gas Safety Regulations), SI 1996/2535. The main ways a gas company has the right to access premises for the purpose of maintaining and repairing their utility installations are: • with consent given by or on behalf of the occupier of the premises; • in line with the Gas Code; • circumstances stated in the Gas Safety Regulations; • under the authority of a warrant, or • in the case of an emergency Entry by consent A gas company needs consent from the occupier, or on behalf of the occupier, to access premises under the RE(GEB)A 1954. Consent could be through a formal agreement, in place between an occupier and the gas company, which sets out the provisions on how

Gas Safety (Installation and Use) Regulations 1998 Where a residential premises is occupied under a lease or licence, under section 36 of the Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451 a landlord is required to ensure that there is maintained in a safe condition any gas fitting and any flue which serves any relevant gas fitting in order to prevent the risk of injury to any person in lawful occupation. A landlord must ensure that each appliance to which the duty extends is checked within 12 months of installation and thereafter at intervals of not more than 12 months. Landlords must ensure that any work in relation to a relevant gas fitting or any check to be carried out is

What rights subsist in a photograph and how can they be transferred? There is no official system of registration of copyright in the UK. The right arises automatically once the copyright work is recorded, subject to other qualifications being fulfilled. In the UK, copyright subsists in specific categories of works. These are ‘original’ literary, dramatic, musical or artistic works (called author’s rights); sound recordings, films, broadcasts (called derivative rights because they derive from other works); and the typographical arrangement of published editions. Photographs sit in the category of artistic works (section 4(1)(a) of the Copyright, Designs and Patents Act 1988 (CDPA 1988)). See Practice Notes: Copyright—subsistence and qualification and Copyright—protectable works. Where copyright subsists in a work such as a photograph, the owner can, under CDPA 1988, s 16, exclusively carry

The ‘registration gap’ is the period of time between completion of the transfer of a property (the legal process of transferring the title to the property as between seller and buyer) and the subsequent entry of the transaction on the register of title at HM Land Registry, thereby effecting the transfer under section 27(1) of the Land Registration Act 2002 (LRA 2002). LRA 2002, s 27(1) provides that: ‘If a disposition of a registered estate or registered charge is required to be completed by registration, it does not operate at law until the relevant registration requirements are met.’ Therefore, in relation to both freehold and leasehold registered land, legal title does not pass to the transferee until it is registered as proprietor at HM Land Registry. The transferee is merely the owner in equity until registration, see Practice Note: The ‘registration gap’. In most cases, problems in so far as they may exist, are for the buyer, seesection ‘section What is the problem?’ in Practice Note: The

Amendment and waiver requests are an important aspect of managing any facility for lenders. During the life of a facility agreement, the needs of a borrower’s business may change, or unforeseen events may happen, which necessitate the need for an amendment or waiver. However, dealing with such requests needs to be managed carefully, irrespective of the apparent level of complexity of the underlying facility agreement. In particular, lenders should pause for thought before contemplating giving an unconditional amendment or waiver. The basic traps Just as a formula one car needs to be serviced by an experienced mechanic to ensure that it runs smoothly during a grand prix race, a facility agreement needs a similar level of care when it is ‘serviced’ to facilitate an amendment or a waiver. This will help to ensure that it retains the desired effect for the lender for the remaining duration of the facility. There are several traps that can catch an unsuspecting lender unawares when granting unconditional amendments or waivers.

Why do brand owners need an anti-counterfeiting strategy? Counterfeiters make replicas of branded products (complete with trade marks) to mislead consumers into thinking that the products originate from the legitimate brand owner. For more information, see Practice Note: Anti-counterfeiting in the UK. It can be difficult for consumers to distinguish genuine products from copies, particularly when they are offered for sale online, so it is important for brand owners to put in place a strategy for dealing with counterfeit goods. For more information, see Practice Note: Anti-counterfeiting and anti-piracy—strategy and Anti-counterfeiting and anti-piracy strategy—checklist. Artificial intelligence (AI) can have a role to play in this strategy. There are different definitions of AI but broadly the term refers to a branch of computer science in which computers are designed to perform in ways which mimic human intelligence, namely the ability to perceive, analyse, learn, reason and deduce. For more information, see Practice Note: Artificial intelligence and machine learning—an introduction to the technology. For more information about AI and the way in which it interacts with IP rights,

The CPR provisions for detailed assessment are set out in CPR 47 and CPR PD 47. Where provisional assessment is available, the parties must comply with the procedure set out in CPR 47 as modified by CPR PD 47, para 14.1–CPR PD 47, para 14.5. The table below sets out the stages of provisional assessment, the relevant CPR provisions and links through to Practice Notes which provide guidance on the specific stage. Note: the following provisions do not apply to provisional assessment: • CPR 47.3, CPR 47.14(6) and CPR 47.14(7), CPR 47.18, CPR 47.19 • CPR PD 47, para 3, CPR PD 47, para 13.4–CPR PD 47, para 13.7, CPR PD 47, para 13.11 and CPR PD 47, para 13.14 Stage of assessment/Issue CPR (Part and Practice Direction) Practice Notes Timing The general rule is that the costs of any proceedings or any part of the proceedings are not to be assessed by the detailed procedure until the conclusion of the proceedings, but the court may order them to be assessed immediately (CPR 47.1).CPR