Unauthorised works to a listed building can be a criminal offence, but criminal liability cannot pass to a successor in title. The person(s) responsible for the unauthorised works will remain criminally liable even after the sale of the property. The unauthorised works should have been discoverable on a proper inspection of the property, or been declared by the seller. Alternatively, if the local planning authority (LPA) was aware of the unauthorised works, it should have a record of enforcement action commenced which would have been revealed on carrying out a local search. Any purchaser of a listed building will want to take particular care in negotiating with the seller, to ensure that previous authorised and unauthorised works are revealed. Although criminal liability for unauthorised works does not pass to a subsequent purchaser, the purchaser could be compelled to carry out remedial works (which could in some instances be very

Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that the litigant in person may disclose documents without a disclosure statement, that party

Private Client analysis: New year, new rules. From 1 January 2022, provisions in the UK’s double tax agreements (DTAs) with Guernsey and the Isle of Man on the mutual enforcement and collection of taxes come into force. In practical terms, this means that UK tax will from now on generally be enforceable in Guernsey and the Isle of Man (and vice versa). This is an important development for individual taxpayers, trust companies and other professional services providers alike and is indicative of a broader change underway in cross-jurisdictional enforcement of taxes. Written by Hugh Gunson and Guy Bud of Charles Russell Speechlys.

We have assumed that: • the interest in the French property constitutes immovable property under English law • the minor grandchildren are habitually resident in the UK Under English conflict of laws rules, the capacity to take an interest in French immovable property is determined by French law as the law of situs. Furthermore, French law will also determine the formal validity of a transfer of the interest. The question indicates that, as a matter of French law, a parent can sign the transfer document on behalf of the minor. The

The regulation of consumer credit Regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO 2001). Regulated Activities and consumer credit agreements Entering into a regulated

Leases of garden land A garden may be acquired either by purchase of the freehold or existing leasehold estate, the grant of a lease, tenancy or licence, or by purchase of an existing easement or grant of an easement to use land as a garden. For further information, see Commentary: • Definition of ‘a garden’: Encyclopaedia of Forms and Precedents [1501] • Method of acquisition of a garden: Encyclopaedia of Forms and Precedents [1511] • Agreement for letting of land for use as

This enquiry comprises two questions: • whether, if the host organisations were to decide to employee the employees directly, this would be a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE 2006) • whether, if the local authority were to decide to terminate the employment of the employees, the dismissals would be for redundancy or 'some other substantial reason' (SOSR) justifying the decision to dismiss These issues are considered below. TUPE transfer TUPE 2006 applies when there is a 'relevant transfer'. This covers: • a business transfer: a transfer of an undertaking, business or part of an undertaking or business, situated immediately before the transfer in the UK to another person where there is a transfer of an economic entity

Section 260 of the Charities Act 2011 (CA 2011) governs the execution of documents by an incorporated body. It provides that if an incorporated body has a common seal, a document may be executed by the body by the affixing of its common seal (CA 2011, s 260(2)) or by being signed by a majority of the charity trustees of the relevant charity and expressed to be executed by the body, or, executed in pursuance of an authority under CA 2011, ss 261(1)–260(3). By CA 2011, s 260(4), a document duly executed by an

Section 7 of the Countryside Act 1968 (CA 1968) provides that a local authority shall have power, on any site in the countryside appearing to them suitable or adaptable for the purpose set out in CA 1968, s 6(1), to provide a country park, that is to say a park or pleasure ground to be used for that purpose. That purpose is the providing, or improving, opportunities for the enjoyment of the countryside by the public. A local authority shall in exercising those powers have regard to the location

Only an occupier of land (ie not a superior landlord who is not in occupation) is able to confer Code rights. Accordingly, to the extent that any of the land affected is not in occupation by the local authority, they will not be the appropriate person to grant Code rights in any event. See Practice Note: New Electronic Communications Code—Code rights—How do Code rights arise and who do they bind—agreements under Part 2 (Part 2). Furthermore, in order to trigger an operator’s right to apply for a court imposed agreement an operator must first

If an enforcement notice, issued by a local planning authority (LPA) under section 172 of the Town and Country Planning Act 1990 (TCPA 1990), is not appealed, it takes effect according to its terms which include a period for compliance. Once that period has ended, any breach whether continuing or a resumption is a criminal offence. If the enforcement notice is appealed, then it is suspended pending the outcome of the appeal process including any High Court challenge, though there is a power for the court to order the enforcement notice takes effect pending any challenge. The enforcement notice will remain suspended however during the process

The regime under the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) allows for the charging of the provision of various services, including accommodation provided by a local authority, and where a sum assessed as due is not paid for the local authority to create a charge in their favour on the interest of the debtor in any land in England and Wales in which they have a beneficial interest. By HSSSSAA 1983, s 22(8) such a charge in respect