While it is not legally possible for a data subject to contract out of their data protection rights, often in settlement agreements some kind of waiver is sought. This is because data subject access requests in particular (but other rights as well) are commonly used as a tool in negotiations leading up to a settlement agreement. Given this, rather than

We have assumed that there was no wrong doing by the executors of D's estate, who completed the estate administration. We note that A wishes to recover specific assets, namely house contents/chattels, from B's estate that belong to A. A allowed B to use them during

It is not permissible for a person (or, in the case of joint owners of a property, persons) to grant a lease to themselves: Rye v Rye. In that case, two brothers owned the freehold of a property where they carried out a business as partners in a solicitors’ firm. They orally agreed to grant a lease to themselves as partners. The House of Lords held that this was not possible. There are a number of reasons for this, including that a person cannot contract with

The recognised growth market exemption from stamp duty and SDRT applies to securities that are admitted to trading on a recognised growth market but not listed on any market. While AIM shares are colloquially referred to as ‘listed on AIM’ or ‘AIM listed’, they are unlisted so it would be preferable to refer to them as ‘AIM traded shares’ or ‘AIM shares’. AIM shares are unlisted because they are not included in the UK’s official list. The definition of listed in section 1005(3) of Income Tax Act 2007 (ITA 2007) requires shares admitted to trading on a UK recognised stock exchange to be included in the UK official list. Section 99A(3) of Finance Act 1986 makes it clear that the definition of listed in ITA 2007, s 1005(3)–(5) applies also to the references to ‘listed’ in the recognised growth market exemption from stamp duty and SDRT. There is, of course, the possibility that a share could be admitted to AIM and also be (or become)

The general rule is that contractual obligations that a person enters into will subsist after their death, although this will depend on the specific terms of the contract. Where the contract is of a personal nature, such as a contract

The Assimilated Regulation (EU) 2016/679, UK GDPR requires employers to be transparent about the personal data that they hold and how it is used. Recordings from CCTV cameras will amount to personal data. The UK GDPR requires employers to provide specified information to staff when data is collected from them. It is important that they are told why data is processed and the legal basis for processing. Covert monitoring should not be used unless there is a reason to suspect criminal activity or equivalent malpractice. When it comes to using surveillance devices such as CCTV to investigate an allegation of misconduct, the employer may therefore wish to consider its compliance obligations under the UK GDPR

As a general principle, a person who makes supplies which are taxable for VAT in the course of its business and is registered for VAT is able to recover all or part of the input VAT paid by it in the course of that business. A person must register for VAT if their taxable supplies in the previous year exceed the threshold applicable

Statutory declarations are made under the Statutory Declarations Act 1835 (SDA 1835). While SDA 1835 prescribes the standard wording to be used, it does not specifically require that a statutory declaration is made on paper and it makes no provision as to electronic signature (or signature generally). Where statute or statutory instrument requires a statutory declaration to be made, specific details of the form of the declaration may prescribed. In relation to notices of intention to appoint administrators (NOI), or notices of appointment of administrators (NOA), Schedule B1 to the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 require that NOIs/NOAs must either contain or be accompanied

In relation to the signature of court documents, CPR 5 outlines the procedure to be followed. In particular, CPR 5.3 states: ‘Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.’ Similarly, CPR PD 5A states: ‘Signature of Documents by mechanical means Where, under rule 5.3, a replica signature is printed electronically or by other mechanical means on any document, the name of the person whose signature is printed must also be

Pursuant to section 94(1) of the Consumer Credit Act 1974 (CCA 1974), a debtor under a regulated consumer credit agreement (including a regulated hire-purchase agreement) is entitled at any time to repay the credit in full ahead of time by way of early settlement. 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 SRA Glossary defines an undertaking as: • a statement, given orally or in writing, whether or not it includes the word ‘undertake’ or ‘undertaking’ • to someone who reasonably places reliance on it • that you or a third party will do something or cause something to be done, or refrain from doing something The SRA imposes an obligation on solicitors, Registered European Lawyers and Registered Foreign Lawyers to perform all undertakings they give. Undertakings must be performed within an agreed timescale or if no timescale has been agreed then within a reasonable amount of time. Failure to comply with an undertaking

This Q&A answers a specific question: does an agreement to accept instalment payments of an outstanding bill constitute a consumer credit agreement for the purpose of the Consumer Credit Act 1974 (CCA 1974)? If yes, you will have to comply with onerous requirements in CCA 1974 regarding form, content and execution of a consumer credit licence. If no, CCA 1974 doesn't apply and you don't require a formal consumer credit agreement. The first thing to say is that the answer to this question is unaffected by the 1 April 2016 changes to the SRA Financial Services (Scope) Rules, which merely formalise the existing position about whether you can enter into a credit agreement for fees without being regulated by the FCA (you can)—see Practice Note: Instalment payments of an outstanding bill—SRA changes. You should