Precedent: Personal data processing provisions—pro-processor may be adapted to suit your transaction. There are a number of clauses in this Precedent that are optional and can be removed if deemed unnecessary, including • Clause 1.5, and • Clause 10 See also the short form version of this document,

This Flowchart assists you in identifying whether the Business & Property Courts (B&PCs) Disclosure Scheme (CPR PD 57AD) or the rules on disclosure under CPR 31, CPR PD 31A

Case Study: A builder (A) quoted a price to carry out works at B’s property, which was accepted by B. There was no reference in the quotation, or subsequently, to arbitration. B now alleges that the works done by A are defective, incomplete and delayed. In light of the fact that the quotation and acceptance is silent on the need to use arbitration or follow the construction protocol, if B was to commence proceedings, would B have to follow the procedure set out in the Pre-Action Protocol for the Construction and Engineering Disputes, or could B commence proceedings by issuing a letter of claim under the general pre-action

On 1 August 2016, the 6th edition of the SIAC Rules was launched (2016 SIAC Rules), and applies to SIAC arbitration proceedings commenced on or after 1 August 2016, unless the parties agree otherwise (SIAC, rule 1.2). The meaning of 'commenced' pursuant to the 2016 SIAC Rules is discussed below. The previous, 5th edition of the SIAC Rules came into force on 1 April 2013 (2013 SIAC Rules), and applies to arbitrations commenced on or after that date, unless the parties agree otherwise (SIAC, rule 1.2). When a dispute arises between the parties, as a first step, it is important to examine the precise wording and scope of any applicable arbitration agreement. It is assumed for the purposes of this Q&A that the parties have agreed in writing to arbitrate pursuant to the SIAC Rules. Note: this Q&A does not address the position in respect of arbitrations commenced before 1 April 2013. In the event that this is relevant for your dispute, please consult the edition of the SIAC Rules applicable

The territorial scope of the Regulations The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, SI 2017/172 (the Regulations) which apply to the private and voluntary sectors define a ‘relevant employer’ as an employer who has 250 or more ‘employees’ on the snapshot date of 5th April. It excludes from this definition employers that are instead covered by the public sector regulations. The Regulations use the following terms in respect of employees: • 'employee(s)'—used when ascertaining whether or not the employer has 250 or more employees on the snapshot date to be within scope • 'relevant employee(s)' (potentially a subset of the above, as it excludes employees who are partners in a firm and LLP members)—used to denote the individuals in respect of whom employers must report information about bonus pay over the 12-month period preceding the snapshot date • 'full-pay relevant employee(s)' (potentially

In order for an insourcing to amount to a service provision change within the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 3(1)(b), the following conditions must be satisfied: • (immediately before transfer) there must be an organised grouping of employees (which may be a single employee) situated in Great Britain • (immediately before transfer) the principal purpose of the organised grouping must be the carrying out of the activities on behalf of the client • (immediately before transfer) the client must intend the activities to be carried out by the transferee • the client must intend the activities not to relate to a single specific event or short-term task • the activities must not consist wholly or mainly of the supply of goods for the client's use For further information on service provision changes generally, see Practice Note: Service provision changes. Where there is a relevant

This Practice Note on domestic enforcement outlines the different methods of enforcement available depending on the nature of your judgment and the identity of the judgment debtor. Integral to the likely success of your chosen method of enforcement is the extent of your knowledge about the judgment debtor. Enquiries into the nature of any assets owned by the judgment debtor should not start at the point of receiving judgment but should form part of your proper case management from initial instructions and throughout the life of the claim. For guidance, see Practice Note: Successful enforcement—knowing your defendant. Successfully obtained judgment—what next? Unless they are experienced in the litigation process, if your client is the successful party, it will usually assume that the other party will comply with the judgment or order obtained. However, unsuccessful parties do not always comply. It is important to recognise that the court will not automatically seek to enforce its judgments (see the comment in Amsalem v Raivid). The standard methods of enforcement available to a judgment

In conducting our research we have focussed on the capacity by which the first company has entered into the contract on behalf of the others. Privity of contract 'Privity of contract' is a common law doctrine, which provides that you cannot either: • enforce the benefit of, or • be liable for any obligation under a contract to which you are not a party. Therefore, if an individual legal entity is not a party to a contract (ie they are a third party) then they cannot sue or be sued under that contract. However there are numerous equitable exceptions to the doctrine of privity of contract and a statutory exception in the form of the Contracts (Rights of Third Parties) Act 1999. For more detail on the doctrine of privity of contract and

The disguised remuneration rules, contained in Part 7A of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), broadly charge to tax arrangements made by third parties which seek to provide employment-related rewards to employees. For more on the disguised remuneration rules generally, see Practice Note: Disguised remuneration—structure of the regime and its implications in practice. One of the requirements set out in the disguised remuneration rules is that a ‘relevant step’ is taken by a relevant third person. Examples of relevant steps include giving cash to a person. For more details on relevant steps, and the implications of one taking place, see Practice Note: Disguised remuneration—the relevant steps. Note that a relevant step, by itself, does not create a tax charge. Fundamentally, it must operate with the other factors required by the gateway to the legislation. For more details, see Practice Note: Disguised remuneration—the gateway. The

The odours emanating from industrial, trade or business premises and which may be prejudicial to health, may constitute a statutory nuisance. The Environmental Protection Act 1990 (EPA 1990), regulates the law concerning statutory nuisance. In particular, EPA 1990, Pt III and Sch 3. EPA 1990 provides a self-contained code, giving local authorities (eg district councils and London and other borough councils) and aggrieved individuals separate avenues of enforcement to abate and prevent statutory nuisances, as well as creating offences inter alia for contravening or failing to comply with those enforcement measures. Local authorities are under a duty: • to inspect their areas from time to time for any statutory nuisances • where a complaint of a statutory nuisance is made to them by a person living in its area, to take such steps as are reasonably practicable to investigate the complaint,

Case study Party A, who owns and resides in a house, enters into a document called a 'licence agreement for lodger' with party B, which allows B to live in a room of the house on the following terms: • payment of 'rent' of £75 per week • B has a key to the room, which she keeps locked • A retains a key to the room and is able to inspect whenever he wishes • A and B share a kitchen and bathroom and other facilities • no length of term is specified • the agreement contains an 'early termination clause' upon the service of four weeks’ notice by either party A has subsequently vacated the property and now lives with a relative, due to ill health. A further person, C, occupies another room in the house and now shares the kitchen and bathroom with B. B has failed to pay any rent for approximately

The PRA/FCA dual-regulated firms Remuneration Code—who does it apply to? The clawback requirements of the Financial Conduct Authority/Prudential Regulation Authority (FCA/PRA) Remuneration Code (the 'Dual-Regulated firms Remuneration Code') affect: • banks • building societies • PRA-designated investment firms (currently nine firms) (which are dual regulated) • branches of non-EEA banks or building societies Clawback and deferral provisions The rules on deferral and claw-back will come into force for performance years starting on or after 1 January 2016. The final rules were jointly published by the FCA and PRA in June 2015 (see PS15/16). • Senior Managers as defined under the Senior Managers Regime must apply deferral periods to variable remuneration awards of no less than seven years from the date of the award, with no vesting before the