Refine By
Clear all filter
About 91146 results for "*"
NEWS
Immigration analysis: Jennifer Blair, a barrister in the LexisNexis UK Immigration Practical Guidance team, discusses the latest updates for the Ukraine Scheme with a particular focus on key issues for advising people who are considering switching to a different visa route.
Q&As
Requirements for lawful processing of personal data An organisation cannot simply process personal data because it wishes to do so. It can only process personal data if it satisfies one of the conditions set out in Article 6(1) of Regulation (EU) 2016/679, General Data Protection Regulation (GDPR). These are commonly known as the ‘lawful grounds’, ‘legitimate grounds’ or ‘conditions’ for processing. Under the GDPR, there are six potentially lawful grounds for processing personal data, as set out in Practice Note: How to process personal data lawfully: • the data subject has given consent to the processing of their personal data for one or more specific purposes—see section in the above Practice Note: How to process personal data lawfully—Consent • processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract—see
Q&As
A claim of trespass to land is barred by lapse of the statutory period of limitation, which, except in certain specified cases, is six years from the accrual of the cause of action under section 2 of the Limitation Act 1980 (LA 1980) which provides that: ‘an action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued’. See Commentary: Expiration of limitation period as defence to trespass to land: Halsbury's Laws of England [185]. It should also be noted that in relation to: • unregistered land, a person may, however, bring an action to recover unregistered land wrongfully
Q&As
When HMRC receives a letter requesting a stock transfer form to be adjudicated and stamped, HMRC should impress both a duty stamp (ie one expressing the value of the duty due in respect of the stock transfer form) and a second stamp that states: ‘Adjudged duly stamped’. For the types of different stamps, see HMRC guidance at: STSM022050. However, despite a written request for adjudication of the amount of stamp duty due, HMRC normally does not adjudicate (nor impress the 'adjudged duly stamped' stamp) on stock
Q&As
Licences of intellectual property rights Licences of intellectual property rights can be assigned in their own right. It is also possible to transfer the licence as part of the disposal of the intellectual property right itself. The extent to which ownership of an intellectual property right is transferred subject to a previously-granted licence depends on the type of intellectual property: • UK trade mark registrations: unless the licence provides otherwise, it is binding on a successor in title to the grantor’s interest. See section 28(3) of the Trade Marks Act 1994 • Patents: if a patent assignee is aware of a pre-existing licence, then it is bound by the terms. See section 33(1) of the Patents Act 1977, and commentary: Licences passing on assignment: Roughton, Johnson and Cook on Patents [10.34] • UK design registrations: any transmission of a registered design or an application for a registered design is subject to any rights vested
Q&As
An Agricultural Holdings Act 1986 (AHA 1986) tenancy (AHA tenancy) relates, as the name suggests, to a tenancy of an agricultural holding. An AHA tenancy provides, among other things, significant safeguards as to security of tenure and succession rights. The rights and obligations of the landlord and the tenant with respect to the let will be set out in the written tenancy agreement forming the AHA tenancy, supplemented, where necessary, by the model clauses set out in regulations promulgated from time to time. The current regulations are the Agriculture (Model Clauses Fixed Equipment) (England) Regulations 2015, SI 2015/950, effective from 1 October
Q&As
Section 320 of the Highways Act 1980 (HiA 1980) governs the form of notices, consents, requests and applications authorised or required by HiA 1980. This provision merely mandates that such notices should be in writing. There appears to be no form of words required for the purposes of a notice of HiA 1980, s 228(7). Part
Q&As
A European enforcement order (EEO) is a certificate that accompanies a judgment or settlement and is recognised and can be enforced in another EU Member State. It is obtained under Regulation (EC) 805/2004, the European enforcement order regulation. This regulation sets out the requirement that the underlying proceedings must be served on the debtor. Once judgment has been obtained in an EU Member State, a creditor in England and Wales can seek to enforce the EEO in the jurisdiction. Service
Q&As
It is important to note that reporting requirements will depend on how the trust has been classified for the purposes of the Foreign Account Tax Compliance Act (FATCA). For the purpose of this response, we have assumed that the trust in question is UK resident and
Q&As
When dealing with the estate of a deceased person who was in the process of making a personal injury claim, such as a medical negligence claim or a claim resulting from a road traffic accident, it is crucial to understand the legal requirements for including the estimated value of the claim in the probate valuation. The process of obtaining a Grant of Probate or a Grant of Letters of Administration is essential before any claim can proceed in the name of the deceased's estate. This is because a claim cannot be brought in the name of the deceased but must be brought by the personal representatives of the deceased. See Practice Note: Personal injury claims and the death of a party. Note, however, that the situation may
Q&As
If the previous freeholder did not serve a counter-notice on the tenant stating that it would oppose an application for a new tenancy relying on ground (f) of section 30(1) of the Landlord and Tenant Act 1954 (the redevelopment ground), then the new freeholder will be stuck with the tenant’s
Q&As
This Q&A does not consider the entrepreneur accelerated settlement provisions. Tier 1 (Graduate Entrepreneurs) typically secure leave to enter or remain in the UK after graduating from a UK higher education institution which certified that they had developed genuine and credible business ideas and entrepreneurial skills to extend their stay in the UK, and to establish one or more businesses in the UK. The alternative route, for overseas graduates who receive similar endorsement from the Department for International Trade as elite global graduate entrepreneurs, is less commonly used. A grant of leave in this category is for 12 months, which is then extendable for up to 24 months. Although it is not able to be extended further, it does afford an individual the opportunity to switch into the mainstream Tier 1 (Entrepreneur) category on favourable terms. Such an in-country application will be considered with reference to the following