Status of practice directions Section 13 of the Constitutional Reform Act 2005 (CRA 2005), CRA 2005, Sch 2, Pt 1 sets out a process by which the judiciary can give directions. Such directions about the practice to be followed in the courts do not have the same formal status as rules, but apart from the rules they are the most authoritative guidance that exists regarding what practice should be followed. The Civil Procedure Rules occasionally refer to such practice directions. For example, CPR 52.2 requires parties to comply with CPR 52 CPR PD 52C (where it applies). That in turn at paragraph 29(2) requires that parties comply with the Practice Direction on Citation of Authorities. The Practice Direction: Citation of Authorities The Practice Direction: Citation of Authorities (2012) applies to the Supreme Court, the Court of Appeal, the High Court, the Crown Court, the County Court and Magistrates’ Court. It is not expressed to apply to the system

When settling an Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) claim, it is important to consider any tax implications carefully. A claim under I(PFD)A 1975 can be settled by deed of variation. If this is made within two years of death, and the other conditions set out in section 142 of the Inheritance Tax Act 1984 (IHTA 1984) are fulfilled, the deed will be 'read back' to the date of death. This requires the deed to include a statement that the parties intend IHTA 1984, s 142(1) to apply to the variation (this statement is sometimes known as an 'election'). The same is true for capital gains tax (CGT) (where the relevant provisions are section 62(6)–(9) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)). So the short answer to the question

General position A local planning authority (LPA) cannot immediately or quickly remove a site from a draft Local Plan allocation solely because a statutory undertaker identifies part of that allocation as required for imminent essential infrastructure works. There is no statutory power allowing either the undertaker or the LPA to bypass the established plan-making process. The undertaker does not have any automatic right to 'lift' the land out of the Local Plan procedure, and would ordinarily need to continue engaging with the process through representations. Plan-making stages and scope for amendment Before submission of the plan to the Secretary of State (during the Regulation 18 or 19 stages) the LPA may still

For the purposes of this Q&A we have focused on the transparency obligations under Regulation (EU) 2016/679, the General Data Protection Regulation (the GDPR), and not on other issues, such as consent to the processing of personal data. For further guidance on consent by children, including in the context of the information society services, see Practice Note: Children and data protection law. Who is a child for the purposes of the GDPR? As explained in Practice Note: Children and data protection law, the Information Commissioner’s Office (ICO), in its guidance on Children and the GDPR, considers that a ‘child’ is anyone under the age of 18. This is in accordance with the UN Convention on the Rights of the Child, ratified by the UK, which defines a child as anyone under 18, unless ‘under the law of applicable to the child, majority is attained earlier’. How

There are a number of recent radicalisation cases. In Tower Hamlets LBC v B, Hayden J, noting that this was a developing area of law where there was little guidance available, considered reliance on ‘conventional safe-guarding’ to be applicable. In Re K, Hayden J rejected any notion that there was any elevated standard of proof to be met in radicalisation cases as opposed to other cases: it remains on the balance of probabilities applied on a common sense basis (see X below). In answering the question one may have regard to the first principles of preparing a threshold statement espoused by Munby PFD in Re A (A Child). Within its threshold, the local authority will need to identify the facts it seeks to prove. There will also need to be a causative link between the facts relied upon and the harm to the child which is alleged. In X (Children), Munby PFD stated that the burden and standard

As in all other family cases, the Family Procedure Rules 2010 (FPR 2010) apply to the preparation of bundles for financial remedy cases and for final hearing, specifically FPR 2010, PD 27A. FPR 2010, PD 27A, para 4.1 is directed at which documents should and should not be contained within the bundle. FPR 2010, PD 27A, para 3.1 provides that the content of the bundle should, if possible, be agreed between the parties. While the applicant ordinarily has responsibility for preparing the bundle, they are not the sole arbiter of the contents. FPR 2010, PD 27A, para 5.1 provides that the bundle should not exceed 350 pages of text without direction of the court. There is a distinction to be made regarding the admissibility of evidence and whether it should be included in the bundle.

Family analysis: Martine Kushner, a barrister and Recorder specialising in family law at St Philips Chambers, discusses the issues raised in a recent Court of Appeal decision concerning the separation of siblings following local authority intervention in a private contact dispute.

Restrictive covenants in compulsory purchase orders Restrictive covenants burdening land affected by a compulsory purchase order (CPO) should be referred to in Table 2 of the schedule to the CPO. Persons benefitting from restrictive covenants are considered to constitute a ‘qualifying person’ pursuant to section 12(2A)(b) of the Acquisition of Land Act 1981 (ALA 1981). The Department for Communities and Local Government’s guidance on compulsory purchase process confirms this, stating: ‘21. Which parties should be notified of a compulsory purchase order? The

Health information falls within ‘special categories of personal data’ under Article 9(1) of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR). Before processing of health information takes place, the employer will therefore need to ensure that: • the data protection principles in Article 5(1) are satisfied • it can rely on a lawful condition for processing within Article 6(1) • it can rely on a specific condition for the processing under Article 9(2), and • it complies with the ‘right to be informed’ by providing fair processing information, typically through a privacy notice, to the individuals whose personal data is being processed For further information generally, see Practice Notes: • The UK GDPR and DPA 2018: key data protection issues for employment lawyers • Data protection privacy notices in employment, and • Employee health information—data protection issues Practice

There is no duty on an employer to provide a reference, unless there is an express (or implied) agreement to do so, eg under the terms of a settlement agreement. There is also no general obligation for an employer to reply in the particular format requested by the person requesting the reference. However, certain employers in the financial services sector are required to obtain, and to provide when requested, references including prescribed information. Some employers will have a general policy of not providing references at all or, more usually, of providing only brief, factual references confined to stating the dates of service of the individual and the capacity in which they were employed but nothing more. For further information, see the section of Practice Note: References entitled Obligations to provide a reference. If an employer does provide a reference for an employee or former employee,

The written statement—signing and dating requirements The scope of the so called 'written statement' of the respondent is detailed in CPR PD 52C, para 19(1), which states that: • ‘If the appellant seeks permission to appeal a respondent is permitted, and is encouraged, within 14 days of service of the appellant's notice or skeleton argument if later to file and serve upon the appellant and any other respondent a brief statement of any reasons why permission should be refused, in whole or in part. • The statement should be not more than 3 pages long, and should be directed to the relevant threshold test for the grant of permission to appeal. The statement must also comply with CPR PD 52C, para 31(1)(b).’ The

By way of background, pursuant to section 94(1) of the Consumer Credit Act 1974 (CCA 1974), a debtor under a regulated credit agreement is entitled at any time to repay the credit in full ahead of time. In conjunction with the above, CCA 1974, s 97 provides that, following a request from a debtor, the creditor must give a statement setting out the ‘amount of the payment