Service of the claim form at the defendant’s last known address The provisions dealing with service of claim forms are set out in Part 6. As to whether a claim form can be served on the defendant’s last known address, the only provision is found in CPR 6.9. However, this provision is in CPR 6, Pt II which deals specifically with ‘Service of the claim form in the jurisdiction’ and is therefore not relevant to your question which is considering service outside the jurisdiction. Service out of the jurisdiction on a defendant—address of the defendant is known The general rule is that documents must be served within the jurisdiction, ie England and Wales (CPR 6.6(1)). There are exceptions to this rule that permit service of the claim form to be effected on a defendant out of the jurisdiction. These are found in CPR 6, Pt IV. This provides that service of the claim form outside England and Wales is possible without the permission of the court

The international jurisdiction of the Court of Protection is governed by Schedule 3, Part 2 of the Mental Capacity Act 2005 (MCA 2005). The UK is a signatory to the Convention on the International Protection of Adults (Convention) signed at the Hague on 13th January 2000, however it has only ratified the Convention in relation to Scotland (and not England and Wales). Note however, that Article 4(d) of the Convention provides that the Convention will not apply to ‘trusts or succession’. Cross-border issues of trusts and succession of a person lacking capacity need to be considered by reference to the unilateral set of rules (which broadly mirror Convention obligations) contained in MCA 2005, Sch 3, Pt 2. We refer you

This Q&A considers the issues arising for law firms in relation to taking on a client from a country subject to sanctions, eg Russia where the client is not themselves designated as a sanctions target under the UK sanctions regime. This Q&A does not consider obligations under the anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing regime. Financial sanctions Sanctions are international measures aimed at: • encouraging a change in the behaviour of a particular country or regime • applying pressure on particular countries or regimes to comply with certain objectives • preventing and suppressing terrorist financing They are also used as a last resort enforcement tool when international peace and security has been threatened. See Practice Note: Understanding the financial sanctions regime for a full explanation of the sanctions regime. There is no legal requirement to screen for sanctions at client inception. However, whenever you take on a new client, you should consider whether to conduct screening against the sanctions lists

In answering this Q&A, we have taken into consideration what steps a party needs to take to terminate a written contract that does not contain any termination provisions. We have assumed that the agreement does not have a specified term. In the past, there was a rebuttable presumption that if a contract had no provisions about term or termination, it was permanent and irrevocable. However, the courts now tend to look at the agreement to see what the parties' intention was. The general rule is that a contract can be terminated on reasonable notice (except for certain statutory exceptions where relevant legislation sets notice provisions, for example, termination of commercial agency arrangements). How is ‘reasonable’ notice determined? What determines reasonable notice will depend on the circumstances. In Martin-Baker Aircraft Co v Canadian Flight Equipment, it was established that ‘reasonable notice’ will be determined on the basis of the facts at the time of notice, not at the time the contract was entered into (even though the courts see this to be relevant). In

Can I terminate a fixed term commercial contract early? We have a contract with another organisation, which is for a fixed term. However, we would like to terminate the agreement early, even though the other organisation has not breached the contract. It depends, but probably not The exact answer, as always, depends and you will need to take a close look at the contract to see exactly what its terms provide. Consider how clearly the fixed term is defined, and if there are any terms in the agreement that would be incompatible with a fixed term agreement. If so, you may be able to argue that you are entitled to terminate the contract before the fixed term ends. Otherwise, you may need to rely on one of the following grounds to terminate the agreement early: • the other party

This decision tree is intended for private sector commercial organisations in the UK. It can help you decide whether personal data collected for one reason (purpose) can be reused for another purpose. A key principle of the UK General Data Protection Regulation (UK GDPR) is purpose limitation. You should only process personal data for specific, explicit and legitimate purposes and not in a way that is incompatible with those purposes. If your purpose for processing personal data changes, you must consider whether your new purpose is compatible with your original purpose. In certain circumstances, processing for a new purpose will be treated as being compatible with your original purpose (see: Note 3: deemed compatibility). Where deemed compatibility does not apply, you will need to assess whether the new purpose is compatible with your original purpose, taking account of relevant regulatory factors—see: Note 4: assessed compatibility. This decision tree reflects the UK GDPR and Data Protection Act 2018. If you conclude that you can process personal data for your new purpose,

It is important to understand what terms are permissible in consumer contracts (eg business to consumer agreements (B2C) as opposed to business to business agreements (B2B)). The room for manoeuvre in B2C agreements is considerably less than in B2B agreements given that B2C agreements must be in 'plain and intelligible' language under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999). Simply using boilerplate provisions from a B2B agreement (which are often written in legalese) in a B2C agreement is risky as in many cases it is likely that they would not comply with the above 'plain English' requirement. Accordingly, such provisions could be held to be unfair under the UTCCR 1999. Moreover, unfair contract terms can also amount to unfair commercial practices, see Practice Note: The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [Archived]. If you need to draft boilerplate provisions in a B2C agreement, firstly see Practice Note: Unfair terms in consumer contracts (pre 1 October 2015) [Archived]. This Practice Note summarises the law, guidance

It has been assumed that copyright subsists in the works under the Copyright, Designs and Patents Act 1988 (CDPA 1988). See Practice Note: Copyright—subsistence and qualification. It has also been assumed that the law of England and Wales applies. This Q&A covers copyright law only. The US concept of work made for hire In the US, the copyright in any work belongs initially to its author. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author unless the parties have expressly agreed otherwise in a written instrument signed by them. For further detail, see EF&P: USA: authorship ownership and transfer of copyright: Encyclopaedia of Forms and Precedents [78]. In the UK For original literary, dramatic, musical and artistic works in the UK, CDPA 1988, s 9 defines the author

This Q&A sets out the position for UK-based members of Institute of Chartered Accounts Scotland (ICAS) continuing, or taking new, insolvency appointments in the Republic of Ireland after the Brexit transition period ends on 31 December 2020 and is based on an earlier news analysis produced by Steven Wood, Practice Support Specialist (Insolvency) of ICAS (see News Analysis: Information for ICAS members continuing or taking new insolvency appointments in Ireland following the Brexit transition period) and the article by him which first appeared on the website of ICAS on 19 October 2020.  Liquidation To act as a liquidator a person must fall within of paragraph of the table to section 633 of the Companies Act 2014 (CA 2014) in the Republic of Ireland. In summary, those qualifications are: • member of prescribed accountancy body • practising solicitor • member of professional body recognised by Irish Auditing and Accounting Supervisory Authority • person qualified under the laws of other EEA state • person of practical experience There

Key Personnel roles must normally be a paid staff holder or office holder from within the sponsor 'organisation'. At least one Level 1 User must be an employee, a director or a partner within the organisation. There are some exceptions, as listed in the Home Office's Sponsor Guidance. The 'organisation' is a term not defined by the Home Office Guidance. Workers and Temporary Workers - guidance for sponsors part 1: apply for a licence (accessible)—at section L5

In answering this query, it has been assumed that this question refers to a request made under section 29 of the Data Protection Act 1998 (DPA 1998) and the requestor therefore is not the data subject. Unless an exemption applies, a data controller must not disclose personal data to third parties contrary to the non-disclosure provisions of the DPA 1998. See Practice Note: Exemptions to the DPA 1998. The 'non-disclosure provisions' includes: • the first data protection principle (fair and lawful processing), except for the requirement to satisfy one or more of the conditions for processing (DPA 1998, Sch 2 and 3) • the

Can an NHS trust be granted a residential lease? An NHS trust may do anything which appears to it to be necessary or expedient for the purposes of or in connection with its functions, including acquiring property, under Schedule 4, para 14(2)(a) to the National Health Service Act 2006. Please see the following commentary available on Lexis®Library: • National Health Service Trusts: Exercise of Functions There