This Q&A discusses the requirements for obtaining consent for processing personal data when collecting personal data via an online ‘contact us’ form. . The processing of personal data under the regime established by the General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679 will only be lawful on condition that certain criteria are met. A controller can only lawfully process personal data in compliance with the lawfulness, fairness and transparency principle under Article 5(1)(a) of the GDPR if

As noted in Practice Note: How to complete Form IHT400, where the reduced rate of inheritance tax (IHT) is being claimed, the personal representatives (PRs) should answer ‘yes’ in box 109 of the IHT400 and complete schedule IHT430. For information on the reduced rate, the calculations required and how it is claimed, see Practice Note: IHT—reduced (36%) rate for estates leaving 10% or more to charity. In particular, note that the baseline amount is the net value for IHT purposes of the assets comprised in each component after deduction of exemptions and reliefs, following which the value of assets in the component to which the charity exemption applies is added back in. The exemptions and reliefs that are deducted include the basic nil rate band (NRB) and transferable NRB but not the RNRB

CPR 16.2(1)(d) provides that the claim form must contain such matters as may be set out in a practice direction. CPR PD 16, para 2.2 provides: ‘2.2 The claim form must include an address at which the claimant resides or carries on business. This paragraph applies even though the claimant's address for service is the business address

A lease with more than seven years to run at the date of grant must be registered at HM Land Registry. A right of pre-emption created on or after 13 October 2003 in relation to registered land has effect from the time of creation as an interest capable of binding successors in title (subject to the rules about the effect of dispositions on priority). Consequently, landlords must protect the right by entry of a unilateral or agreed notice on the register of the tenant’s title. In the case of registrable leases granted on or after 19 June 2006,

Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA, 2002) governs the acquisition and exercise of rights in relation to the management of premises by a nominee company (referred to as an RTM company). The right applies to premises which consist of a self-contained building or part of a building, with or without appurtenant property, contain two or more flats held by qualifying tenants, and the total number of flats held by such tenants is not less than two-thirds of the total number of flats contained in the premises (CLRA 2002, s 72(1). By CLRA 2002, s 75 a person is a qualifying tenant, and thus entitled to become a member of an

For the court to approve a financial consent order there must be pending proceedings, commenced by the applicant issuing an application in Form A—see Practice Note: Issuing financial order proceedings in Form A. Where the parties have reached an agreement, at the same time as lodging a draft financial consent order and statements of information in Forms D81, some courts may also require both parties (or just the respondent where there are financial order proceedings) to file a Form A marked 'for dismissal purposes only'. There is no precedent wording for a Form A for dismissal purposes, which may vary from court to court, as there is no specific statutory provision. It should be noted that some courts take the view that, as the draft consent order will include

We have assumed that the proceedings are not subject to the disclosure pilot under CPR PD 51U. Generally, a party will need to make disclosure as set out in the disclosure order made by the court, and will need to make sure it fulfils its obligations fully in that regard. The disclosure list (Form N265) contains: • documents your client has and does not object to the other party or parties

In English law, there are various methods by which a person can give evidence of something in writing. These include by giving a statutory declaration. The ability to give evidence by a standard declaration is provided for by the Statutory Declarations Act 1835 (SDA 1835). SDA 1835 sets out the circumstances in which a statutory declaration can be used. SDA 1835, s 20 makes provision as to the form which a statutory declaration must take: 'In all cases where a declaration in lieu of an oath shall have been substituted by this Act, or by virtue of any power or authority hereby given, or where a declaration is directed or authorized to

In the above circumstances, the parties to the new lease should be limited to the original parties. Under Part 2, Chapter 1 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), qualifying leaseholders of flats have the collective right to take control of their block (the right to manage—RTM), on a 'no-fault' basis. This is done through the leaseholder's use of a 'RTM Company' (see Practice Note: The right to manage). The RTM Company operates by the statutory transfer of the management functions (ie including the management obligations) of the landlord, and/or any management company, to the RTM Company (CLRA 2002, ss 96(2), 97(2)). Similarly, the tenant's functions (and obligations, eg payment of service charge)

There is no obligation to express the consideration in sterling on the stock transfer form and if the consideration is agreed between the parties to be payable in euros, then it would appear that the ‘consideration’ is most accurately described in euros. HMRC will, however, require a sterling equivalent for stamp duty purposes

In relation to applications for divorce issued on or after 6 April 2022, the special protection for respondents contained in section 10(2)–(4) of the Matrimonial Causes Act 1973 (MCA 1973) applies to all divorces other than joint applications, except for joint applications where one of the parties has withdrawn from the application and it is proceeding as a sole application (MCA 1973, s 10(2)(a)(ii)). The special protection in MCA 1973, s 10(2) is only available to respondents and not to applicants. The effect of an application is that a conditional order cannot be made final (unless the circumstances in MCA 1973, s 10(4) apply, namely, that it is desirable that the conditional should be made final without delay and the

Any trust which is a taxable relevant trust for the purposes of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692, reg 45(14) (MLR 2017) is required to