The Agricultural Tenancies Act 1995 (ATA 1995) introduced Farm Business Tenancies in respect of tenancies of agricultural land or buildings for the purpose of a farm business. A Farm Business Tenancy is a tenancy granted on or after 1 September 1995 where at least part of the tenanted land is farmed throughout the life of the tenancy and either notices have been exchanged confirming that the landlord and the tenant intend it to remain a Farm Business Tenancy throughout, or if no notices were exchanged, the tenancy business is primarily agricultural (ATA 1995, s 1). Tenancies agreed prior to its commencement

In Montgomery v Lanarkshire Health Board, the Supreme Court clarified that the adequacy of a medical professional’s disclosure of risk to the patient should not be judged ‘in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art’ (the ‘Bolam’ test). Instead, the test should be patient-centred and should have regard to the risk that a reasonable patient, and one in the particular circumstances of the patient in question, would be likely to attach significance to, and so ought to know about, before being able to give informed consent. The ‘reasonable’ patient is an objective test, whereas the ‘particular circumstances of the patient’ will be subjective and highly fact-specific to each case. The patient

This Q&A assumes that none of the parties are a litigant in person, child or patient. An order for costs is a judgment like any other. It therefore needs to be drafted in a way which makes it possible to understand its effect(s). The general rules in CPR 40.3 for the drawing up and filing of orders apply. In addition, CPR PD 44, para 9.4 specifically states that: ‘Where an application has been made and the parties to the application agree an order by consent without any party attending, the parties should seek to agree a figure for costs to be inserted in the consent order or agree that there should be no order for costs.’ If the purpose of

The provisions in CPR 45, Part VI deal with fast track fixed trial costs which apply to the costs of advocacy for a fast track claim. For information on this see, Assessment of costs of fast track trial: Halsbury's Laws and The extent of the costs to be assessed: Cook on Costs which states: 'The summary assessment at the end of a multi track or fast track trial will deal with the costs of the whole of

When can a party obtain judgment in default on a counterclaim? Under CPR 12.3 (which applies to counterclaims (CPR 20.3(3)), a party may obtain judgment in default on a counterclaim if no defence has been filed and the relevant time for filing the defence has expired. There are certain circumstances, however, where a default judgment may not be entered. These are set out in CPR 12.2 and 12.3(3) and include: • where there is a pending application to strike out the counterclaim under CPR 3.4 or a pending application for summary judgment under CPR Part 24 • where the defendant to the counterclaim has filed or served an admission under CPR 14.4 or 14.7, together

The term 'future copyright' is defined by the Copyright, Designs and Patents Act 1988 (CDPA 1988) as 'copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event'. Where a work has not yet been recorded, but it is expected or anticipated, a prospective owner may deal with it as though it were already in existence. For example, it may assign or licence the future copyright in the future work, even though at the point of agreeing to do so the work in question does not exist. While an assignment of the existing copyright in a work is not effective unless it is in writing, signed by or on behalf of the assignor, for an assignment of future copyright, there must be an agreement,

Each person's estate is charged to inheritance tax (IHT) up to a certain threshold at a rate of 0%, called the nil rate band (NRB), which is currently set at £325,000.As between married couples and individuals in civil partnerships, after 9 October 2007, it has been possible to augment the NRB of a deceased individual with a percentage of the unused NRB of the their predeceased spouse/civil partner. This is called the transferable NRB (TNRB) and can have the effect of increasing the NRB available to the surviving spouse's estate by an additional 100%. The TNRB must be claimed by completing Form IHT400 and the ancillary schedule IHT402; it does not apply automatically. With effect for deaths on or after 6 April 2017, an additional IHT threshold known as the residence NRB (RNRB) is available to some estates

Pursuant to section 35 of the Landlord and Tenant Act 1954, the terms of the renewal lease other than length of term and rent are to be as agreed between the parties, or where agreement cannot be reached, as determined by the court. When determining the terms of the new tenancy,

The general rule The general principle is that a vendor is under no duty to disclose material facts to a prospective purchaser. This rule applies to contracts for the sale of land (see Terrene v Nelson at para [744]). There is, however, a term implied into a contract for the sale of land that a good title should be shown by the vendor. The implication of that term does not apply if the purchaser has knowledge, either actual or constructive, at the time of the contract of any irremediable defect in the vendor’s title. Thus, the vendor has a duty to disclose to the extent necessary to prevent that implied term arising. As a result, a vendor should provide disclosure of latent defects in title to the purchaser and not of patent defects. Standard conditions Most

A material consideration is one which is relevant to the determination of the planning application. The concept of materiality for the purposes of planning decisions is wide. In Stringer v Minister of Housing and Local Government, Cook J said that 'in principle...any consideration which relates to the use and development of land is capable of being a planning consideration.

The income tax transactions in securities (TiS) rules only apply if, as a result of the relevant transaction, any person has obtained an income tax advantage. An income tax advantage is calculated as the difference between: • the capital gains tax (if any) payable by the person on the relevant consideration, and • the amount of income tax that would have been payable if the relevant consideration had been paid in the form of a distribution (eg a dividend) 'Relevant consideration' has a broad definition that is designed to

For information on claims under the Coronavirus Job Retention Scheme (CJRS) generally, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived]. The Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction (Treasury Direction No 5) gives effect to the extended CJRS for the months of November 2020, December 2020 and January 2021. The employer will need to work out 80% of an employee’s usual wages to determine what it can claim under the scheme. The way in which this is calculated is different depending on whether the employee has fixed or variable pay. See the section of the HMRC guidance: Calculate how much you can claim using the Coronavirus Job Retention Scheme entitled Work out 80% of your employee’s usual wage. The employer will first need to check what it can include as ‘wages’ first. In Treasury Direction