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Eight principles for handling personal information form the core of the Data Protection Act 1998 (DPA 1998) and any person or organisation that handles personal data must comply with them. The fifth data protection principle concerns the retention of personal data. It states that: Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Thus, although the DPA 1998 does not set out any specific time limits for retaining personal data, one is not permitted to keep personal data just because one wants to and the information is no longer in any way relevant. In its guidance on the fifth data protection principle, the Information Commissioner’s Office (ICO) suggests that in practice you should: • review the length of time they keep personal data • consider the purpose or purposes they hold the information for in deciding whether (and for how long) to retain it • securely delete information that is no longer needed for this purpose
Q&As
Are you covered by the costs budgeting regime? First make sure you are satisfied the costs budgeting provisions at Part 3, Section II of the CPR apply, see Practice Note: Cost budgets—form, content and practical considerations. Provision in the proposed notice of allocation The usual position is that the notice of proposed allocation (Form N151) will specify the date on which any Precedent H must be filed. Check to see whether you have received this—it is sent by the court after it has received all the defences or the date for filing the last defence has passed. Warning: if the court has not stated a date in the notice this does not mean that cost budgets are not required. Section H of the directions questionnaire itself states: 'If your claim is likely to be allocated to the Multi-track form Precedent H must be filed in accordance with CPR 3.13'. In addition, the questionnaire requires a tick box to be completed
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A statutory demand should not be used where: • there is a genuine dispute as to the amount owed • the company has a cross or counterclaim
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A charge to inheritance tax (IHT) on relevant property arises on the periodic ten-year anniversary of the settlement's creation (the principal charge), see section 64 of the Inheritance Tax Act 1984 (IHTA 1984). The ten-year anniversary is measured in relation to the date on which the settlement commenced (commencement of a settlement means when property first became comprised in the settlement).. In many cases, this will simply be each ten-year anniversary of the date on the settlement deed, but there are exceptions: • relevant property moving from Settlement A to Settlement B is deemed to remain in Settlement A. Accordingly, the principal charge in relation to the transferred property remains the ten-year anniversary of Settlement A, notwithstanding that the property has ceased to be held subject to Settlement A and instead
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Novation is the method by which the parties to an existing contract 'transfer' the rights and obligations of that contract to a third party. Novation is not strictly a transfer of rights and obligations but a discharge of the rights and obligations between contracting parties and a recreation of them with a third party (replacing an original contracting party) and one (or more)
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When should administrators apply to court for an administration extension? Why is it relevant? The period of an administration will automatically terminate 12 months after the day the company enters administration unless an extension is granted (either by the court or the creditors) however the administrator was initially appointed. For further guidance on the extension process, see Practice Note: How can an administrator extend the period of automatic termination of administration? When should the application be made? The Practice Direction on Insolvency Proceedings (updated July 2018) states at para 8.3 that 'in the absence of special circumstances, an application for the extension of an administration
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An interim rent application can be: • incorporated into the landlord’s or tenant’s application for the grant of a new tenancy • incorporated into an acknowledgment of service • incorporated into a defence • made by way of a separate application pursuant to CPR 23 • issued as standalone proceedings, pursuant to CPR 8, where no lease renewal or termination proceedings are on foot, or where such proceedings
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Scope of this answer This answer covers: • the need to ask all job applicants if they need permission to work in the UK, to avoid the penalties for employing someone illegally • the need to do so carefully to avoid race discrimination claims • the checking process in relation to the right to work • the consequences of getting it wrong in terms of potential discrimination claims or employing a worker who does not have permission to work. For further general information on this topic, see: • The right to work in the UK—settled status and British citizenship • Illegal working—civil and criminal sanctions • Pre-employment checks—Establishing the right to work in the UK Relevant Codes of Practice You and your client should consider the provisions of: • the Code of Practice containing guidance on preventing discrimination and • the Code of Practice on preventing illegal working: Civil penalty scheme for employers The latter provides clear guidance on the important
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Section 54 of the Modern Slavery Act 2015 (MSA 2015) requires certain firms with a financial year end from 31 March 2016 to produce and publish a slavery and human trafficking statement for each financial year of the organisation. For some firms this will require reporting in relation to the 2015/16 financial year. Governmental guidance (the Guidance) is clear that organisations should seek to publish their statement as soon as reasonably practicable after the end of their financial year, ideally no later than six months after the organisation’s financial year end. Therefore a firm with a financial
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A specific gift of personalty or realty carries the right to all income, rents and dividends, earned by the property concerned as from the date of death,
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A transferor should require an indemnity where it could remain liable for covenants, matters noted on the title etc or under the landlord covenants in occupational leases following completion of the transfer. Some practitioners specify that the indemnity is in respect of ‘the matters in
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You must apply client due diligence (CDD) measures when you: • establish a business relationship • carry out an occasional transaction that amounts to a transfer of funds within the meaning of Article 3.9 of the funds transfer regulation exceeding €1,000 • suspect money laundering or terrorist financing • doubt the veracity or adequacy of documents or information previously obtained for the purposes of identification or verification, or • carry out an occasional transaction that amounts to €15,000 or more, whether the transaction is executed in a single operation or in several operations which appear to be linked There are further requirements relating to CDD measures on existing clients. CDD measures involve, among other things, identifying and verifying the identity of the client, as well as assessing and obtaining information on the purpose and intended nature of the business