Parental responsibility (PR) is defined in section 3(1) of the Children Act 1989 (ChA 1989) as ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’. ChA 1989, s 2 sets out the circumstances in which parents have PR. The mother of the child always has PR. ChA 1989, s 4 deals with acquisition of PR. The father of a child will acquire PR either by virtue of being married to the mother at the time of birth (ChA 1989, s 2(1)); by his registration as the child’s father (ChA 1989, s 4(1)(a)); or by a parental responsibility agreement (ChA 1989, s 4(1)(b)). Finally, the father shall acquire PR if the court on his application orders that he should have PR. The phraseology used in ChA 1989, s 4(1)(b) is an agreement between ‘the father’ and ‘the child’s

This Q&A relates to a transfer of certificated shares (ie not shares traded via the CREST system, see Practice Note: Form of transfer of shares). It assumes no overseas legal (or cross-border) considerations arise. There is nothing that prohibits an instrument of transfer of shares (generally a stock transfer form) being executed electronically (ie using an electronic signature), provided the method of execution complies with any requirements set out in the articles of association of the company whose shares are being transferred and any other relevant agreement, such as a shareholders’ agreement. The validity of a stock transfer form executed under hand using an electronic signature is generally accepted (see below, Can a stock transfer form be validly executed under hand using an electronic signature?). However, the validity of a stock transfer form executed as a deed using an electronic signature remains uncertain (see below, Can a stock transfer form be validly executed as a deed using an electronic signature?). In addition, even if legally valid, use of an electronic signature

Under the money claim online (MCOL) scheme set out in CPR PD 7E, you can issue specified money claims for less than £100,000 (plus interest and costs) where the only remedy sought is a specified

Initial considerations A student who withdraws from a distant learning course on the basis of their unsuitability may be entitled to a refund depending on: • the contractual terms and conditions for provision of the training especially whether there is an express term of the contract making prospective students responsible for ensuring their own suitability for the course prior to commencement • whether there is a mandatory contractual term requiring completion of the aptitude test and what the contractual provisions are in default of completion • whether the aptitude test was the sole determining factor of ‘suitability’ to take the course, and • how, why and by whom was the consumer deemed ‘unsuitable’ for the course—if it was by the provider it would seem unreasonable to refuse at least a partial refund If the contractual terms are explicitly clear including providing

A service occupancy is a form of licence that arises where: • is an express term of the employee's contract of employment that they live in a particular residence from where they can better perform their duties, or • if there is no such express

Processing personal data for the performance of a contract In answering this Q&A, we assume the sub-contractor is acting as ‘processor’ and the other party as ‘controller’ as defined under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR). For further information on the meaning of those terms, see Practice Note: Supply chains under data protection law—arrangements between controllers and processors. As a general principle, Article 5(1) of the GDPR states that personal data shall (among other things): ‘be processed lawfully, fairly and in a transparent manner in relation to the data subject…’. Article 5(2) of the GDPR states: ‘The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1…’. Articles 6(1) of the GDPR

The Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (Commercial Agents Regulations) apply only to the relationship between the principal and the commercial agent. They do not apply to the agent's external authority or to relationships with third parties under transactions the agent negotiates or concludes. A commercial agent is a self-employed intermediary who has continuing authority to: • negotiate the sale or purchase of goods on behalf of a

The Defective Premises Act 1972 (DPA 1972) gives a cause of action, in certain circumstances, to persons who suffer injury or loss arising out of a relevant defect. DPA 1972, s 4 provides that where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance and repair of the premises, the landlord owes to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property

Documenting the transaction Overage is a covenant or contractual obligation by the buyer to make an additional payment to the seller in the event that specified events occur. A ‘success bonus’ payable if planning permission is granted, may very well be construed as akin to overage in this sense. Purely, from the point of view of documenting the parties’ agreement, there would seem to be no reason why the parties cannot document their agreements in whichever way they please be it by way of contract

Contracting bodies are required to undertake a tender process in accordance with the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 for the supply of public works and services unless it falls within an express exclusion, or the estimated value of the contract is below the stipulated monetary thresholds. Where a public contract is subject to the PCR 2015, SI 2015/102, the contracting authority must follow one of the five award procedures provided for in the PCR 2015, SI 2015/102. Upon completion and evaluation of this award process, the successful/winning bidder will be selected subject to a mandatory ten day standstill period. At this point of the public procurement tender process, there may be various reasons why a successful bidder would choose to withdraw and not proceed with the contract award, eg insolvency. If the contract has been awarded but not yet signed,

Property dispositions in compulsory liquidations Section 127 of the Insolvency Act 1986 (IA 1986) provides that, in a winding up by the court (ie compulsory liquidation), any disposition of the company's property made after the commencement of the winding up is void, unless the court orders otherwise by granting a validation order. Under IA 1986, s 129, a winding up by the court commences on the date on which the winding-up petition is presented at court, albeit that IA 1986, s 127 only takes effect if a winding-up order is made on that petition. However, an application for a validation order can be made prior to the making of the winding-up order (and would usually be recommended to be made at that time, and prior to the disposition occurring). According to the commentary from Bailey & Groves, available on Lexis®Library on Avoidance of dispositions after commencement of winding up: 'There is no definition of 'disposition'

Dispute Resolution analysis: to adjourn the making of a summary assessment of costs pending an appeal is effectively to a stay of such an order and this is not permitted under CPR 52.7. This case considers the practical approach to take if seeking to effectively stay such a costs order and also considers issues of proportionality and orders for interim payment on account of costs