This response considers: • direct payments • employee or worker status • the right to paid holiday entitlement Direct payments For information on direct payments under the Care Act 2014 (CA 2014) generally, see the section of Practice Note: Alternative care and funding entitled ‘Financial assistance’. Where a local authority (LA) chooses or has a duty to meet an adult’s needs for care and support, the LA may choose to do so by making direct payments. For information on how the direct payment should be calculated, and what it should include in the case of an adult who meets needs by directly employing someone, see the following Department of Health and Social Care statutory guidance: Care and support statutory guidance, which is currently under review. This says (among other things): • market shaping (by the LA) ‘includes working to ensure that

In cases of adverse possession of registered land where the limitation period had not expired by 13 October 2003, an application for registration is governed by Schedule 6 to the Land Registration Act 2002 (LRA 2002). By LRA 2002, Sch 6, para 1, a person may apply to be registered if they have been in adverse possession for ten years (subject to provisions if the squatters has been recently evicted, is subject to possession proceedings or a judgement for possession has been given). Under LRA 2002, Sch 6, para 3, a person given notice of the application may require it to be dealt with under LRA 2002, Sch 6, para 5, which sets out further

In this Q&A, we have limited our research to cover a contract with a commercial agent as defined in Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053. Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 17 states that: ‘(2) Except where the agency [contract] otherwise provides, the commercial agent shall be entitled to be compensated rather than indemnified. (3) Subject to paragraph (9) and to regulation 18 below, the commercial agent shall be entitled to an indemnity if and to the extent that— (a) he has brought the principal new customers or has significantly increased the volume of business with existing customers and the principal continues to derive substantial benefits from the business with such customers; and (b) the payment of this indemnity is equitable having

For information: • on the right of an agency worker under regulation 5 of the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93 (after 12 weeks) to the same basic working and employment conditions as a direct hire, see the section of Practice Note: Rights under the Agency Workers Regulations 2010 entitled: Rights after 12 weeks—same basic working and employment conditions • on the right to bring a claim in respect of a breach of AWR 2010, SI 2010/93, reg 5 under the AWR 2010, SI 2010/93, reg 18, see

When it comes to the disciplinary suspension of an agency worker, and whether they are entitled to payment during their period of suspension, it may be necessary to consider: • whether the agency worker is an employee • if not, whether they have a contractual right to pay while suspended • whether they are covered by the statutory protection against unlawful deductions • what the effect is of the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93 Employment status of the agency worker Usually, an employee would be entitled to their normal pay and benefits during any period of suspension pending a disciplinary investigation, and this entitlement would form part of their contractual terms. For further information about suspensions, see Practice Notes: • Dismissing fairly for conduct reasons • How

Duties of Agent to Principal In business matters, the rights and duties of principal and agent are normally set out in a written agency agreement. Additional rights and duties may be implied by law if not contained within the agency agreement. In particular, the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 impose specific provisions in respect of commercial agents, which in most cases cannot be excluded by contract. Where commercial agents are concerned, see, also, Practice Notes: Commercial agency and Termination of commercial agency. In relation to the duty to account and pay over, the agent must keep accurate accounts of their dealings on the principal's behalf. Books and documents relating to the agency must be produced on demand and the agent must pay over money held for the principal's use, with interest. Further, all monies received

Lexis+® UK Commercial carries a suite of content on confidentiality within the topic: Confidential information. Generally speaking, case law refers to information which (a) is confidential in nature, and (b) has originated or been disclosed in circumstances such that the recipient is under an obligation to keep it confidential. The question of whether an obligation of confidentiality arises will very much depend on the individual circumstances. For instance, the question of whether the fact that party B is a business partner could be classified as confidential information (thereby restricting party A’s ability to advertise this fact) would, in the absence of any oral or written contract, legislative requirement or other professional or common law duty of confidentiality, probably hinge on the circumstances in which they became a business partner. This Q&A relates to an agreement with a confidentiality clause in favour of one party

An agreement for surrender is an agreement between a landlord and a tenant that the lease will be surrendered at a particular time or on the happening of a particular event, most often by the giving of written notice by one party to the other, whether on a particular date or by a mechanism fixed within the agreement. Such agreements will often, but do not have to, incorporate the Standard Commercial Property Conditions and therefore amount to a contract for the transfer from the tenant to the landlord of an interest in land. Where the parties agree, an agreement for surrender may be one way only, allowing

Variation of contracts Variation of a contract occurs when the parties agree to change certain terms from those originally agreed, while the remaining terms continue to operate without amendment. For more information on variation of contracts, see Practice Note: Contract variation. The variation can be effected in the following ways: • written agreement—this could be by way of a formal contract, deed, correspondence or emails • oral agreement—however, if the original contract provides that the agreement can only be varied in writing, such a clause is usually effective to prevent any oral variation (Rock Advertising Ltd v MWB Business Exchange Centres Ltd) • by conduct—the parties act in a manner which is different from the original agreement For a variation

The court does have the jurisdiction to order that the non-resident parent should undergo regular drug and alcohol testing. Pursuant to section 11(7) of the Children Act 1989 (ChA 1989), an order made under ChA 1989, s 8 for a child arrangements order may: ‘(a) contain directions about how it is to be carried into effect; (b) impose conditions which must be complied with by any person— (i) who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact; (ii) who is a parent of the child (iii) who is not a parent of his but who has parental responsibility for him; or (iv)

Alternatively, upon the issue of the Final Certificate is the entry on the land charges register cancelled (in terms of the covenants that the developer is obligated to fulfil under the agreement having being satisfied), but the record of actual agreement remains on the register. Agreements made under section 38 of the Highways Act 1980 (HiA 1980) (section 38 agreements) provide for the construction of roads on privately owned

An assured agricultural occupancy is a form of letting which attracts the protection of the Housing Act 1988 (HA 1988), even though the occupier may pay a low or nil rent. A farm worker will have the benefit of an assured agricultural occupancy under HA 1988 if he occupies under a tenancy or licence granted on or after 15 January 1989, and: • it is not an assured shorthold tenancy • it is a tenancy