This Q&A covers a situation where the transfer and processing of data is solely subject to English law and the UK Information Commissioner's Office (ICO) is the only relevant data protection authority, and to current English law. This Q&A does not consider the implications of the forthcoming General Data Protection Regulation (GDPR), which will only be applicable from 25 May 2018 (see Practice Note: Introduction to the EU GDPR and UK GDPR). The EU Standard Contractual Clauses, which have been approved by the European Commission (also known as the Model Clauses), permit organisations to transfer personal data to a non-EEA third country which has not received an adequacy decision from the European Commission. Clause 10 of the 2010 Model Clauses states: 'The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related

A court may, of its own motion or on an application from a party within family proceedings, make a non-molestation order under section 42(2) of the Family Law Act 1996 (FLA 1996). Such an order prohibits a person from molesting another person who is associated with the respondent, or from molesting a relevant child. Such an order can therefore provide protection not just to an adult party within family proceedings, but also to a child of the family. ‘Molestation’ is not defined in the FLA 1996, but it includes conduct which is not violent, and extends to cover conduct that amounts to harassment that calls for the intervention

The Institution of Civil Engineers (ICE) previously published the 'ICE Conditions of Contract'. These were standard terms for use on civil engineering projects, which were first published in 1945. The ICE decided however to withdraw the ICE Conditions of Contract from sale, and instead, solely endorse the NEC3 suite of contracts. This took effect in August 2011. The ICE Conditions of Contract have since been

This Q&A assumes that the appeal will be determined by the Inspector appointed by the Secretary of State. If, instead, the appeal is called-in or recovered by the Secretary of State, the Secretary of State will approach the appeal in the same way as the Inspector. The local planning authority (LPA) is entitled in its statement of case submitted in the appeal to try to introduce a new reason for refusal, but it is up to the inspector as to whether or not they

Amending Model Clauses Clause 10 of the 2010 Model Clauses provides that ‘The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.’ As explained in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations—Article 46 tools, it follows that any amendments must be of a quintessentially commercial nature or show an intention of how the rights within the Model Clauses will operate in practice. Any amendments must

Scope of regime As part of a general trend towards the stricter control of foreign direct investment, the National Security and Investment Act 2021 (NSIA 2021) came fully into force on 4 January 2022. It establishes a new standalone statutory regime that allows the government to review and intervene in a wide range of investments in businesses (including joint ventures) that are active in the UK or acquisitions of related assets, with the ultimate objective of protecting national security. The ability to ‘call-in’ a transactions under NSIA 2021 applies, retrospectively, to any transaction completed on or after 12 November 2020. The regime falls into two parts: • a mandatory notification regime, which applies from 4 January 2022, such that anyone acquiring control of entities that are active in 17 specific sectors in the UK, will have to be notified to the government and must be cleared before completion. The notification obligation applies regardless of whether: (i) the investor is foreign or UK-based, (ii) the entity is established

Where an applicant dies after commencing an action under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) but prior to an order being made by the court in favour of the claimant, the

In relation to evidence gathering for proceedings brought by the Secretary of State for Business, Energy & Industrial Strategy under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986), third parties are obliged to co-operate if they have any relevant information (see section 234 of the Insolvency Act 1986 and Re Pantmaenog Timber Co Ltd (in liquidation); Official Receiver v Meade-King (a firm)). For further guidance, see Practice Note: Directors' disqualification—pre-action protocol and considerations, in particular the section titled ‘Directors' disqualification—pre-action protocol and considerations—Evidence gathering’. Essentially, the Secretary of State has all

Restructuring & Insolvency analysis: The High Court’s decision in Redman v Zurich Insurance, on which legislation applied to a third-party asbestos claim against an insurer, is examined by Leigh-Ann Mulcahy QC, of Fountain Court Chambers. This was the first claim brought on the issue of the retrospective application of the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) and its application with regard to employers’ liabilities for asbestos-related cancers.

A (Insolvency Act 1986) section 110 arrangement is a statutory mechanism for dividing or de-merging businesses or assets held within or owned by a single legal entity, so that after the transaction they are held by two or more legal entities. The key point about a section 110 arrangement is that it can only apply in cases where a company is proposed to be, or is in the course of being, voluntarily wound up. The transferor company must therefore be put into members

For an overview of how to use a settlement agreement, see Practice Note: How to use a settlement agreement in employment. For information on the legal requirements that must be met in order for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements. Conditions regulating settlement agreements The conditions regulating settlement agreements (eg under section 203 of the Employment Rights Act 1996 (ERA 1996)) are: • the agreement must be in writing • it must relate to the particular proceedings • the employee or worker must have received advice from a relevant independent adviser as to the terms and effect of the proposed agreement and, in particular, as to its effect on their ability to pursue their rights before a tribunal • there must be in force, at the

Section 21 of the Matrimonial Causes Act 1973 (MCA 1973) provides that financial provision is for the purpose of adjusting the financial position of the parties to a marriage and any children of the family. MCA 1973, s 23(1)(a) enables the court to order that either party to the marriage shall make to the other such periodical payments as may be specified and MCA 1973, s 23(1)(d) provides that the court can make an order that a party to the marriage shall make to such person as may be specified in the order for the benefit of a child of the family, or to such child, such periodical payments as may be specified. Schedule 1 to the Children Act 1989 provides that on an application