When does the concept of apparent or ostensible authority arise? In the context of contract law, 'authority' is the power an agent has to affect the legal relations of its principal. Where such authority exists, the agent will have the power to bind the principal to contract. Where such authority is absent, or the relevant act is outside the scope of the relevant authority, the contract will not be binding upon the principal. A person (A) may be bound by a contract entered into by another (B) with a third party (C) if A, by words or conduct, has represented to C that B has authority to contract on A’s behalf. This is known as the doctrine of apparent or ostensible authority. In summary, Commentary: Authority to bind the company: Boyle and Birds' Company Law [6.13] explains that: ‘…to bind the company under the doctrine

A GDC investigation into an allegation that a practitioner’s fitness to practise is impaired may only arise by reason of one or more of the following grounds (see sections 27 and 36N of the Dentists Act 1984 (DA 1984)): • misconduct • deficient professional performance • adverse physical or mental health • criminal conviction or caution • a determination by a body in the UK responsible under any enactment for the regulation of a health or social care professional or by the Office of the Health Professions Adjudicator, to the effect that their fitness to practise as a member of that profession is impaired • inclusion on a barred list by the Disclosure and Barring Service • not

In April 2014, the EU issued Regulation 537/2014/EU (EU Audit Regulation) and Directive 2014/56/EU (Statutory Audit Amending Directive). The EU Audit Regulation had direct effect in the UK from 17 June 2016 and Member States had until that date to transpose the requirements of the Statutory Audit Amending Directive into domestic legislation. The Statutory Audit Amending Directive contains a prohibition on contractual clauses restricting a company’s choice of auditor (so-called Big 4 clauses) (Article 1(30)). This restriction applies to audits of all companies (not just public interest entities). The requirements of Article 1(30) were transposed into UK legislation pursuant to the Statutory Auditors and Third Country Auditors Regulations 2016 (SATCAR 2016), SI 2016/649 which provides that any term in a contract which, in relation to the conduct of a statutory audit of an

The law of registered trade marks in the UK is set out in: • for trade marks registered at the United Kingdom Intellectual Property Office (UKTMs) in the Trade Marks Act 1994 (TMA 1994), and • for trade marks registered at the European Union Intellectual Property Office (EUTMs) in Council Regulation (EC) 207/2009 (the Regulation), both as amended The relevant provisions of the TMA 1994 and the Regulation are very similar. Infringement The rights conferred by the respective registrations are contained in TMA 1994, s 10 and art 9 of the Regulation. The requirements for infringement of a registered trade mark are in both cases: • use of the offending trade mark (the sign) in the course of trade • if the trade mark and the goods/services for which it is registered are identical to those characteristics of

For the purposes of this Q&A, we are referring to oppositions in respect of UK trade mark applications and/or EU trade mark applications. An earlier trade mark registration can form the basis for an opposition where the earlier mark is identical (or similar) to the contested mark and the services (or goods) are similar, provided there is a likelihood of confusion. The classes in respect of which the earlier mark is registered are not strictly relevant.

The provisions of the CPR Part 22 of the Civil Procedure Rules 1998 (CPR 1998) (CPR 22) requires that certain documents in legal proceedings be verified by a statement of truth. These include all statements of case, which includes an N1 Claim Form in the County Court Money Claims Centre. Non-compliance does not mean the statement of case is a nullity, but can in principle result in it being struck out (CPR 22.2(2)). A less draconian approach is that the court has a power to order a person to verify a document to do so (CPR 22.4). See Practice Note: Statements of truth which provides guidance on statements of truth under CPR 22. It explains which documents must be verified by a statement of truth (including setting out their standard form of wording), who can sign the statement (including solicitors and the position in group litigation) and the consequences of

There is no restriction as such on combining business to business (B2B) and business to consumer (B2C) terms and conditions into one set, however a trader should carefully consider the statutory controls which govern their contractual relationships with both businesses and consumers, which may signal that it is preferable to use separate sets of terms and conditions for each customer type. The statutory controls applicable to the drafting of B2C terms and conditions differ significantly to those applicable to B2B terms and conditions. Terms in B2C contracts and notices are subject to the unfair terms provisions of the Consumer Rights Act 2015, which are much broader in scope and more restrictive than the Unfair Contract Terms Act 1977 (applicable to B2B contracts). In addition, consumers benefit from a number of rights under consumer protection legislation

We have assumed that the reference to ‘TMO’ is to a traffic management order. TMOs are made under the Road Traffic Regulation Act 1984 (RTRA 1984) (see Practice Note: Road traffic—traffic regulation order procedure and notices). There are a variety of procedure regulations on TMOs (see Practice Note: Road traffic—traffic regulation order procedure and notices, in particular section: Procedure regulations), however, the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 (LATO(P)(EW) Regs 1996), SI 1996/2489 is a typical example, with LATO(P)(EW) Regs 1996, SI 1996/2489, reg 16 setting out the procedure for making a TMO. The coronavirus (COVID-19) pandemic has also fuelled the creation of additional procedure regulations and guidance. For example, the Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020 (TOP(C)(A)(E) Regs 2020), SI 2020/536, came into force on 23 May 2020 to temporarily amend the: • Road Traffic (Temporary Restrictions) Procedure Regulations 1992, (RT(TR)P Regs 1992), SI 1992/1215 • LATO(P)(EW) Regs 1996, SI 1996/2489 • Secretary of State’s Traffic Order (Procedure) (England and

Traffic order on private road Q&A: Can a traffic regulation order be applied to a private road? may be helpful. It suggests that the traffic authority for a road outside of Greater London may make a traffic regulation order (TRO). See section 1 of the Road Traffic Regulation Act 1984 (RTRA 1984). Road is defined by RTRA 1984, s 142 (in England and Wales) as any length of highway or any other road to which the public has access and includes bridges over which a road passes. For further information on the process of obtaining

The traffic authority for a road outside of Greater London may make a traffic regulation order (TRO). See section 1 of the Road Traffic Regulation Act 1984 (RTRA 1984). Road is defined by RTRA 1984, s 142 (in England and Wales) as any length of highway or any other road to which the public has access, and includes bridges over which a road passes. For further information on the process of obtaining TRO, see Practice Note: Road traffic—traffic regulation order procedure and notices. The road must be one to which the public has actual and legal access (Dunmill v DPP). A private road which is only used by residents who live thereon and their visitors is not a road to which ‘the public

There are numerous personal and business reasons for obtaining a certified copy of a document. The certified copy is usually signed by a professional person (often referred to as an ‘authorised’ person) such as a qualified solicitor, a notary, a teacher in current employment,

A transfer of registered land must be completed by registration in order to take effect in law (see section 27 of the Land Registration Act 2002). Prior to completion of registration of the transfer, the transferee has only an equitable interest in the property and the seller remains the legal owner. Upon