Guarantees are given by a guarantor (in this case, the parent company) in favour of a third-party beneficiary in respect of the obligations owed by another party (in this case, the subsidiary) to that beneficiary. In general, parties are named parties and the starting point is that the guarantee is given until the obligations of the obligor are satisfied under the relevant contract or the beneficiary releases the guarantor from the guarantee. For further information, see Practice Note: Guarantees and indemnities—general contract. However, a guarantee will be enforceable in accordance with its terms and it is therefore important to check the guarantee to ascertain whether liability of the parent guarantor is limited in time or expressed or intended to be given by the parent company only during a period when the parent

Paragraph 5 of schedule 6 to the Landlord and Tenant Act 1954 (LTA 1954, Sch 6) provides that superior landlord’s consent is required where the competent landlord is himself a tenant and where any renewal underlease would be granted for a period after the expiry of the competent landlord’s interest. If this provision does

Section 73 of the Town and Country Planning Act 1990 (TCPA 1990) (so far as relevant) provides as follows: ‘73.—Determination of applications to develop land without compliance with conditions previously attached (1) This section applies, subject to subsection (4), to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted. (2) On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and— (a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally,

In answering this Q&A we have limited our research to cover the payment of invoices for goods received. We assume the Q&A is referring to payment to the wrong party due to third party fraud. In conducting our research we have focussed on defences available to persons who innocently paid the wrong party. See below a non-exhaustive list of issues you may wish to consider. Contract One consideration you may wish to contemplate is the contract and the contractual obligations of the customer. The terms of the contract regarding payment would need to be interpreted in order to determine whether or not the customer (A) has fulfilled their obligations. For further information, see Practice Notes: Contract interpretation—the guiding principles

A valid contract requires: (1) an agreement; (2) an intention to create legal relations; and (3) consideration (or, in the alternative, a deed). For information on the requirement to create a binding contract, see Practice Notes: Forming enforceable contracts—offer, Forming enforceable contracts—acceptance, Forming enforceable contracts—consideration and Forming enforceable contracts—intention to create legal relations. Course of dealing The performance of services or other conduct indicative of acceptance of an offer can result in a contract being formed (Trentham v Archital Luxfer [1993] Lloyd's Rep 25 (not reported by LexisNexis®)). It is important to check, in the absence of a written agreement, whether the supplier’s terms and conditions (T&Cs) have been incorporated over a course of dealing. The failure by a party to object to the other party's T&Cs may, over time, result

With a standard retention of title clause, the above scenario provides no difficulties. If the buyer fails to pay, then the seller repossesses all of the goods. The buyer then does not have the goods. The seller has no right to sue for the price of the goods, because the title in the goods has not passed to the buyer. So, the repossession of the goods sees the end of the contract between the parties (not least due to a total failure of consideration). If the seller resells the goods at a higher price, then the buyer cannot complain. Indeed, the buyer is probably saved an action for damages by the seller, as it may not have suffered any loss following the resale. More difficulty occurs with a clause where the passing of title in the goods

We do not have a Practice Note on the specific point described in this Q&A, however it may be helpful to consider the following issues (without limitation): Contractual interpretation When interpreting the meaning of the contractual term, ‘the standard of a leading company in the industry’, regard should first be had to any definition provided in the contract. Where a definition is not provided, then the normal rules of contractual interpretation will apply to the term. Practice Note: Contract interpretation—the guiding principles provides a useful starting point, as it sets out the five principles of interpretation used by the courts to answer these questions, as formulated by Lord Hoffmann in the leading case of Investors Compensation Scheme v West Bromwich Building Society (ICS). In particular, one of those five principles in summary provides (among other things) that:

The Family Courts are given broad powers as to the enforcement of orders made in family proceedings, which broadly adopt the enforcement provisions contained within the CPR. Committal proceedings are a draconian enforcement option whereby a person in default can be committed to prison. Where an order has been made for the payment of money within family proceedings, this can be achieved by the issuance of a judgment summons. Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, Ch II sets out the procedure, with the underlying jurisdiction deriving from the Debtors Act 1869. FPR 2010, SI 2010/2955,

Under the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (FTE Regs 2002), SI 2002/2034, employees engaged on a fixed-term contract of employment have the right: • to be treated no less favourably than a comparable permanent employee • in certain circumstances, to insist that the fixed-term contract is converted into a permanent one (the duration of which is no longer restricted) • not to be subjected to detriment or dismissal arising out of exercise of rights under the regulations For further information, see Practice Note: Fixed-term employees. Right to no less favourable treatment A fixed-term employee has the right not to be treated less favourably than a comparable permanent employee: • as regards their terms and conditions of employment, or • by being subjected to any other detriment The

Case study A telecommunications operator (with rights under the Electronic Communications Code) has an agreement with a freeholder (A) to lay cables on a specific piece of land for use in a building on F’s land which is to be used by X Co. The operator erroneously lays cable on land which is subject to a lease with Y Co (area B), which is outside the area of the building occupied by X Co and not on the specified route for the cable as determined under the agreement between the operator and F. What are the consequences of such an action? Does the operator lose its Code rights? What remedies are available to the tenant under an agreement for lease over area B? Persons bound by agreement The

The Landlord and Tenant Act 1954 Part II of the Landlord and Tenant Act 1954 (LTA 1954) regulates business tenancies. Specifically, it makes provision for business tenancies to continue after the end of their term unless the landlord has given notice as prescribed in LTA 1954, Pt II to terminate the tenancy. LTA 1954, Pt II also makes provision for the tenant to make a request for a new tenancy and regulates the procedure for such a request to be dealt with. See: LTA 1954 procedure—overview. The Electronic Communications Code On 27 April 2017, the Digital Economy Act 2017 (DEA 2017) received Royal Assent and thus became law. DEA 2017, Sch 1 contained a new Electronic Communications Code (the New Code), which came into force on 28 December 2017. The

A parent may change a child’s forename by enrolling the new name with the Royal Courts of Justice and lodging a notice with the London Gazette. The appropriate forms can be found Forms LOC022, LOC023, LOC024 and LOC026: Change your child’s name by deed poll. Completed forms should be sent to the Queen’s Bench Division (Queen’s Bench Division, Enforcement Section, Room E15, The Royal Courts of Justice, Strand, London, WC2A 2LL). If both parents have parental responsibility then both will need to sign the change of forename form and have their signatures witnessed, or if a parent who has parental responsibility does not consent to the change of forename then the other parent will need to apply to the court for an order allowing the name to be changed. Reported case law regarding a child’s change of name usually, unlike in this query case, involves a dispute between the child’s