Rules and guidance from the regulators on this point are thin on the ground, and getting ever thinner. The SRA Code of Conduct 2011 provided you must properly administer oaths, affirmations or declarations where you are authorised to do so (O(11.4)). There is no mention of administering oaths in the SRA’s 2019 regime. We have looked back at historic professional conduct rules and guidance to see if they shed any light on solicitors’ professional obligations when administering oaths. The 1999 Guide to the Professional Conduct of Solicitors says: ‘17.06: Administering oaths When administering oaths and affirmations or taking declarations, a solicitor is under a duty to ascertain: a) that the deponent is in the solicitor’s

Section 336(1) of the Town and Country Planning Act 1990 (TCPA 1990) defines 'open space' as follows: '“open space” means any land laid out as a public garden, or used for the purposes

The resident labour market test (RLMT) is there to protect the settled workforce and means that a company must generally advertise the job they want to recruit for to give settled workers a chance to apply. A company can only recruit a migrant if either: • they have completed an RLMT in accordance with the Immigration Rules and can show that no suitably qualified or skilled settled worker is available to fill the job, or • the job is exempt from the RLMT For full details, see Practice Note: Resident Labour Market Test. The definition of ‘settled worker’ for the purposes of Part 6A and Appendices A and

We are unable to provide fact-specific advice. However, we refer you to the detailed SRA guidance. For the purpose of the AML regime, a tax adviser is: ‘…a firm or sole practitioner who by way of business provides material aid, or assistance or advice, in connection with the tax affairs of other persons, whether provided directly or through a third party, when providing such services.’ The definition is extremely broad. You do not need to provide tax advice to be a tax adviser—it is enough to provide help, whether that be advice or some other service. The SRA guidance appears to suggest there is a threshold, beyond which you

Sources of environmental liability There are three main sources of potential personal liability under environmental law that IPs should be aware of. These are: • contaminated land legislation (Contaminated Land Regime) • other regulatory regimes, and • neighbour claims Contaminated Land Regime Local authorities are subject to a duty to: • investigate the presence of contamination in, on, or under land within their area • identify any sites that fall within the statutory definition of ‘contaminated land’ • identify the ‘appropriate persons’ who caused or knowingly permitted the contaminating substances to be there or, if they cannot be found, the current owner or occupier, and • require remediation where appropriate to a standard suitable for its current use The contaminated land regime is a last resort regime, which means that liability under other regimes (outlined below) may arise more frequently, as the process of identifying contaminated land and the corresponding appropriate persons is a complicated exercise and often takes several years. The

It has been assumed, for the purpose of this Q&A, that the child in question is not the child of the British sponsor. If it were, it would, in the vast majority of cases, also be British, or have the option of registering as such under the British Nationality Act 1981. In this scenario, the applicant’s child would only be eligible to apply for indefinite leave to remain under Immigration Rules, Part 8, as Immigration rules, Appendix FM only allows a child

As EU/EEA rights for ‘direct family members’ are acquired and not granted by the host Member State, the third country national can rely on time spent under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016), SI 2016/1052 as soon as the right is acquired. Where the family member of a returning British national is concerned, as they are a direct family member, they can rely on the EEA Regulations 2016, SI 2016/1052 for time spent from the moment they move to the UK to join the British national. However, if the family member is a beneficiary (extended family member) time will start only when the family member is issued with a residence card. A national of an EEA Member State may only benefit from the right of free movement if they have ‘exercised Treaty rights’ in another EEA Member State.

When seeking registration of a foreign judgment under the Lugano Convention, this is done by making a without notice application which is heard by a Master of the Queen’s Bench Division. A draft order should be included with the application and this can make provision for the recovery

We have limited this Q&A to cover: • a tenancy agreement granted on or after 28 February 1997 • a tenancy where (1) no notice has been served stating that the tenancy is not an AST, and (2) it is not written in the agreement that it is not an AST A tenancy of a dwelling house let as a separate dwelling was automatically an assured tenancy if all of the following criteria were met: • the tenant (or if joint tenants at least one of them) was an individual; • the tenant

Private companies’ constitutional documents are usually drafted to include provisions dealing with what must happen to an employee’s shares if they cease employment with the company. Typically, such provisions will also set out how to determine the price that the employee must receive for any shares that they sell in these circumstances. Therefore, it will be important

Part 12 of the Employment Rights Act 1996 (ERA 1996) allows the employee of an insolvent employer to apply to the National Insurance Fund for payment of specified sums. ERA 1996, s 184(1) defines the categories of debt that qualify for payment under ERA 1996, s 182, ie: • up to eight weeks’ arrears of pay • any amount due in respect of the statutory minimum period of notice (or failure to give such notice) • up to six weeks’ holiday pay • any basic award of compensation for unfair dismissal, and • any reasonable reimbursement of the whole or part of any fee or premium paid by an apprentice or articled clerk ERA 1996, s 184(2) identifies certain

Subject to certain conditions, employers are required under sections 259–261 of Pensions Act 2004 and the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (Pension Consultation Regulations 2006), SI 2006/349, to consult with members or their representatives before making certain ‘listed changes’ to occupational or personal pension schemes. This is discussed in the Practice Note: Pension consultation