In this Q&A, we refer to the issue of a simple caution under section 17 of the Criminal Justice and Courts Act 2015 (CJCA 2015). Simple cautions The use of a simple caution is governed by CJCA 2015, s 17. The section applies to all offences irrespective of when the offences were committed. Simple cautions for adults are a means of dealing with low level crime without commencing criminal proceedings. A simple caution may only be given where specified criteria are met. One key factor is that the offender must admit to the commission of the offence. If the offender does not admit to the crime, a simple caution must not be given. If an offender refuses to admit their guilt and accept a caution, the refusal may result in a prosecution being brought against them. For further information, see Practice Note: Alternatives to prosecution for adults and commentary: Alternatives to prosecution—Simple cautions (Adults):

Road Traffic Regulation Act 1984 Section 35(1) of the Road Traffic Regulation Act 1984 (RTRA 1984) empowers a local authority to make orders concerning a parking place provided by the local authority. Such orders may make provision as to: ‘(i) the use of the parking place, and in particular the vehicles or class of vehicles which may be entitled to use it, (ii) the conditions on which it may be used, (iii) the charges to be paid in connection with its use (where it is an off-street one), and (iv) the removal from it of a vehicle left there in contravention of the order and the safe custody of the vehicle’ RTRA

Insurance data The claimant may have a right to obtain information about an insolvent installer under the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010). The TP(RAI)A 2010 applies to more insolvency situations than the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930), specifically applying to a relevant person (ie the insured or the corporation or individual who has insurance cover against liabilities which have been incurred to a third party). One of the main improvements under the TP(RAI)A 2010 is to strengthen the third party's rights to obtain information about the rights transferred to him, allowing him to assess whether they are valuable or worthless. This enables him to make an informed decision on whether it is cost-effective to pursue the insurer. Under the TP(RAI)A 1930, the third party could incur considerable expense before discovering that the insurer was able to defeat his claim. For

As set out in Practice Note: Settling disputes—who, confidentiality and subject to contract, issues of confidentiality are key to consider throughout the settlement negotiation process. There are ways in which to seek to preserve confidentiality of a settlement agreement when agreeing to settle active litigation, by using a Tomlin order which comprises the public consent order and separate schedule (setting out the settlement terms agreed) for which confidentiality may be asserted. This can be a complex area (note,

In these circumstances the contract can usually be modified without a new procurement procedure if the only change is a change of name of the contractor but not legal entity. A check should be carried out to ensure that the legal entity

Contracts governed by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, often envisage a service arrangement that will last over a period of time and, because of that, the contract may contain sophisticated mechanisms by which various categories of change can be effected during the contractual term. This may include extensive clauses in relation to the extension of the contract. Whether the expired contract can be extended depends on the extension clause in question. If, for example, the clause provided that the contract could be extended after its expiration, the contract could be extended in accordance with PCR 2015, SI 2015/102. The relevant provision of PCR 2015, SI 2015/102, reg 72 sets out a comprehensive set of principles that will determine when a contract or framework agreement may be modified without a new procurement and when a new procurement procedure will be required.

Regulation 72 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (SI 2015/102, reg 72) is aimed at clarifying the extent to which concluded public contracts may be amended without advertising a new tender process. The provisions concerning permitted modifications under SI 2015/102, reg 72, with the exception of the ground in SI 2015/102, reg 72(1)(a), do not expressly exclude the possibility of making modifications to a public contract which has been extended to the fullest extent provided for in the contract notice and in the contract documents. It is critical, however, that any modification made pursuant to SI 2015/102, reg 72 can be correctly justified by applying one of the grounds provided, some of which are considered below by way of example. SI 2015/102, reg 72(1)(a) provides: '(1) Contracts and framework agreements may be modified without a new procurement procedure

An easement is a right enjoyed by one piece of land (the 'dominant tenement') over another piece of land (the 'servient land'). The easement is a right that attaches to the land, as opposed to a personal right such as a licence. Thus, for example, where the only access to the dominant tenement is over the servient tenement, it may be that an easement in the form of a right of way has been granted, to enable persons to access the dominant tenement. Easements can be created in various ways. They are commonly granted by express grant, but may sometimes be created by necessity, prescription, or by the operation of law. Section 62 of the Law of Property Act 1925 provides that a conveyance of land is deemed to include and shall operate to convey with

It is highly unlikely that a taxpayer would succeed in an argument that a transaction of this nature is a transfer as a going concern (TOGC), as that argument would rely on establishing that a transfer of a property with rooftop solar panels that are leased for no rent amounts to the transfer of a property letting business. The relevant statutory provisions require there to be a transfer of a 'business as a going concern'. HMRC states in para 1.1 of VAT Notice 700/9 that 'the word "business" means any continuing activity which is mainly

First-time buyers of residential property, who intend to occupy the property as their main home and where the purchase price is £500,000 or less, can benefit from first-time buyer’s relief from stamp duty land tax (SDLT) for certain transactions with an effective date on or after 22 November 2017. In order for the relief to apply, the conditions that must be satisfied are as follows: • there must be a purchase of a major interest in a single dwelling • the purchase price must be not more than £500,000 • the purchaser (or all of them if more than one) must be a first-time buyer who intends (or who all intend) to occupy the property as their only or main residence • the purchaser(s) must be an individual • the transaction may not be linked with another land transaction, unless

For the purposes of this Q&A, it is assumed that: • the property that was part of the estate was not a specific gift to the beneficiary and that they received no interest in the property • the property was sold to pay taxes for the estate prior to distribution of the estate to beneficiaries • the inheritance related solely to the UK, and • the new property to be purchased is situated in England or Northern Ireland First time buyers of residential property where the purchase price is £500,000 or less and who intend to occupy the property as their main home can benefit from first-time buyer’s relief from

A tenant who holds a long lease of a flat has a statutory right, subject to compliance with statutory qualifying criteria, to a 90-year extension of the lease, for which the tenant must pay a premium. That tenant may exercise the right even though the flat forms only part of the premises demised by the existing lease. Although the right is expressed as the tenant being granted an extended lease, the actual method for giving effect to this right is for the tenant to be granted a new lease, in substitution for the existing lease, for