In answering this Q&A, we note that it refers to the existence of a damages based agreement (DBA) between solicitor and client and that it is this which the client seeks to ‘nullify’. We have, therefore, considered the application of general contract law provisions with regard to voiding contracts and, additionally, when contracts might give rise to a claim (or counterclaim) for damages for breach of any professional duties of care by the solicitors. Voidable contract We assume by ‘nullified’ this Q&A is referring to whether the contract is voidable. A voidable contract is one that a party is entitled to rescind, or to have set aside by the court, by reason of some external act or event that precedes the contract

This Q&A discusses the lawful grounds for processing of personal data under Article 6(1) of Regulation (EU) 2016/679, the General Data Protection Regulation (the GDPR). It does not address the requirements for processing special categories of personal data. Lawful basis for processing A controller can only lawfully process personal data in compliance with the lawfulness, fairness and transparency principle under Article 5(1)(a) of Regulation (EU) 2016/679, the GDPR if it satisfies at least one of the conditions set out in Article 6(1) of Regulation (EU) 2016/679, the GDPR. These are commonly known as the ‘lawful grounds’, ‘lawful basis for processing’, legitimate grounds’ or ‘conditions for processing’, and they include the following: • the data subject has given consent to the processing of their personal data for one or more specific purposes

Once a debtor enters bankruptcy, the statutory insolvency regime is engaged such that creditors are able to prove for their debts in the bankruptcy instead of having to issue proceedings. Provided a debt is not barred by the Limitation Act 1980 at the date of the bankruptcy order, the creditor will be able to prove in the bankruptcy for

A charge provides security to a creditor by fixing a particular asset of the debtor with a right to the creditor to be paid the sum secured by the charge, provided that there is sufficient equity to do so after meeting any securities that have priority. A charge holder will also ordinarily have the right to apply for an order for sale to enforce their charge, though this can be contracted out of by the terms of an agreed (voluntary) charge. Many charges are obtained by the making of a charging order by the court to enforce a judgment debt, but it

An interim receiver is appointed to protect an individual debtor’s estate pending the making of a bankruptcy order, and to ensure that the estate is not depleted in the event that a bankruptcy order is made. Under Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 10.49(1) an application to appoint an interim receiver may be made by: • a creditor • the debtor themselves • a temporary administrator • a Member State liquidator appointed in main proceedings However, section 286(1) of the Insolvency Act 1986 (IA 1986) gives the court the power to appoint an interim

The assignment of agreements to debt purchasers The practice of originators assigning agreements regulated by the Consumer Credit Act 2006 to a third party debt purchaser is long-standing. It is therefore very common for such agreements to include both a positive right allowing the originator to assign or transfer the agreement to someone else, and stopping the borrower (and not the originator) from assigning or transferring the agreement to someone else. For there to be a legal assignment, the requirements of section 136 of the Law of Property Act 1925 must be satisfied. If there is a non-assignment

This Q&A raises two questions. The first question concerns the impact of the completion of an individual voluntary arrangement (IVA) on the jurisdiction of the court to make an order under section 263(3) of the Insolvency Act 1986 (IA 1986) upon the application of the debtor. The second question concerns the approach of the courts in allowing private law rights of action by the debtor against the supervisor of the IVA. It highlights the practical need for insolvency practitioners to make clear in what capacity they are acting at various points during the run-up to the approval of an IVA. This Q&A does not address any contractual claim that the debtor may have (eg in respect of financial advice given by the supervisor before the IVA is approved). Such a claim depends on whether a contract has been entered

There is a procedure under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (TCP(CA)(E) Regs 2007), SI 2007/783, reg 18 to revoke or modify express consents for advertisements. This procedure includes the approval of the modification or revocation order by the Secretary of State and an opportunity for the original applicant and the landowner and/or occupier to object to the order and be heard by the Secretary of State. The order can only be made before the display of the approved advertisement or before any building works or operations approved by the advertisement have been completed. Compensation is payable by the authority for expenditure incurred on abortive work or loss or damage caused by the order, excluding depreciation in the value of the land, as long as a claim is made in time. Paragraph 038 of Planning Practice Guidance on Advertisements says that the local planning authority has discretion over whether to allow minor amendments or if a change to an existing advertisement

Whether a decision to validate a planning application can be challenged by judicial review will depend on the particular circumstances. Section 327A of the Town and Country Planning Act 1990 (TCPA 1990) provides that a local planning authority (LPA) must not determine a planning application if it has failed to comply with requirements as to the form or manner in which the application is to be made or to the form or content of any document or other matter which accompanies the application. TCPA 1990, s 62(1) provides for a development order to be made to make provision as to the form and manner in which planning applications must be made, particulars of matters which are to be included in planning applications, and documents to accompany planning applications. That development order is the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (DMPO), which requires a planning application to be accompanied by certain material. TCPA

One of the primary remedies sought by a party wishing to assert ownership of a piece of land is declaratory relief. This is usually brought by way of a claim issued pursuant to the Trusts of Land and Appointment of Trustees Act 1996. The court has the power to declare that land is beneficially owned by a party, or owned by more than one party in specified shares. This is often a remedy sought where, for example, a property is lived in by a cohabiting couple but is registered in the sole name of one of them. Following the breakdown of the relationship, the other party may wish to assert that the legal owner holds the property on trust for both parties by way of what is known as a common intention constructive

Broadly, whether the declaration of trust can be revoked will depend on its terms and whether the declaration was executed as a deed or under hand. Commentary: Need for express reservation of power: Halsbury's Laws of England [589] states as follows: 'On the principle that a deed cannot be revoked unless it reserves a power of revocation,

Legal co-owners who hold the property for themselves as equitable tenants in common can agree to hold the property as equitable joint tenants instead by entering