When running a prize promotion there are various mechanics that can be used in selecting the winners. Promoters may choose to run a competition with some degree of skill, or a promotion where winners are chosen at random. The latter category can be a simple ‘out of the hat’ prize draw, or algorithms can be used to produce a more complex process for selecting winners. Algorithms vary in type. They may be used for instant-win type promotions. Instant wins are prize draws in which consumers either get their winnings at once or know immediately whether they have won. As an example, you buy a product which has a code on it. You enter the code on a website and are told immediately that you have won. The algorithm decides whether you have won or not, and in some promotions, what you have won. A common type of algorithm is known as the ‘winning moments’ algorithm. This might be: • open—meaning that if you enter your code at a

In answering this Q&A, we have assumed that this Q&A is referring to the privilege against self-incrimination. Privilege against self-incrimination arises from a number of different protections for defendants and witnesses at common law (R v Director of the Serious Fraud Office, ex p Smith at para [31]). As a general rule, a person should not be compelled to say anything which might tend to bring him into the peril and possibility of being convicted of a criminal offence (Lamb v Munster). This means that a person may refuse to answer any question or produce any document if to do so would tend to expose him to proceedings for an offence (Maloney v Bartley) or for the recovery of a penalty (Section 14(1) of Civil Evidence Act 1968 (CEA 1968)). For more information, see Practice Note: Privilege against self-incrimination. See also Commentaries: Privileges of witnesses: Halsbury's

The parochial church council has power to acquire (whether by way of gift or otherwise) any property real or personal for any ecclesiastical purpose affecting the parish or any part of it or for any purpose in connection with schemes (called ‘educational schemes’) for providing facilities for the spiritual, moral and physical training of persons residing in or near the parish with power to manage, administer and dispose of any property so acquired. We

There are essentially two ways in which the removal of managing agents can be achieved. Both are statutory. The first is the tenant’s right to apply to the tribunal for the appointment of a manager pursuant to section 21 of the Landlord and Tenant Act 1987 (LTA 1987). The section applies to premises consisting of the whole or part of a building if the building or part contains two or more flats. It does not apply if the landlord is an exempt or resident landlord or the Welsh ministers in their new towns residuary capacity or if the premises are included within the functional land of any charity. Although a single tenant can make the application it can be made jointly by two or more tenants if each is entitled to make an application. An application under this provision can only be made if there are grounds. These grounds are set out in LTA 1987, s 24(2)

The answer to this question appears to be that it is not possible to amend the statutory demand and a new or additional demand needs to be served. The purpose of a statutory demand is to establish that the debt is one which the debtor appears to be unable to pay within section 267(2)(c) of the Insolvency Act 1986 (IA 1986). IA 1986, s 268 provides only two ways of establishing this: service of a statutory demand or unsatisfied execution of a judgment or order. The statutory demand route requires that a demand in the prescribed form is served on the debtor and three weeks elapse from service during which time the demand is neither: (i) complied with by payment of the debt or by securing or compounding it, nor (ii) set aside. An application to set aside a statutory demand has

Orders under section 247 of the Town and Country Planning Act 1990 (TCPA 1990) authorise the ‘stopping-up’ and/or the diversion of any highway, to allow development to be carried out in compliance with a valid planning permission. Orders may also provide for the provision of new and/or improved highways if these also form part of the relevant planning permission. Before a stopping up order is made, a draft order and public notice are produced which contain details of the proposal. These are then published and left open to consultation for a period of typically 28 days. During this period, as the order has not yet been made it remains open to objections and may be amended freely at the discretion of the order making authority. We assume for the purpose of this question, that the reference to ‘publication’

Whether it will be possible to successfully appeal a decision of the court will very much depend on the circumstances of the case. The appellate court’s function is to deal with 'judgments', 'orders' or 'determinations', or, to use non-technical terms, to deal with the 'result' or 'outcome' of the hearing in the lower court, and not with 'findings' or 'reasons' given by the judge in their judgment. An appeal must be based on relevant grounds. The appeal court will only allow an appeal where the decision of the lower court was: • wrong, or

European orders for payment (EOPs) were introduced through Regulation (EC) No 1896/2006 (the Regulation). EOPs are a means by which a claimant can seek payment from a defendant for an uncontested specific money claim without having to initiate court proceedings. The Regulation (EC) No 1896/2006 does not contain an express exception for arbitration unlike, for example, Brussels I (Regulation (EC) 44/2001) or the Brussels I (recast) (Regulation (EC)1215/2012). Article 2(1) of the Regulation provides that it applies to civil and commercial matters in cross-border cases, irrespective of the nature of the court or tribunal

The requirements for entry and stay in any immigration category, including indefinite leave to remain (ILR), for persons without the right of abode, are generally set out in the Immigration Rules. This is because section 3(2) of the Immigration Act 1971 provides that: ‘The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances’ On occasions, this can be supplemented by concessions

Until the property is vested in the beneficiary, the trustees hold on a bare trust and the beneficiary would have a mere equitable interest. Of course, the beneficiary could always disclaim or direct the trustees to vest the property in someone else either absolutely or while retaining a beneficial interest (eg under a trust). In such a case, it would be necessary to endeavour to seek a charging order against that beneficial interest under CPR 73, sooner rather than later, to avoid the trustees being given instructions to transfer the property elsewhere. It has been established that charging orders can be made over

Section 35 of the Landlord and Tenant Act 1987 (LTA 1987) gives the First-tier Tribunal (FTT) (or the Leasehold Valuation Tribunal in Wales) jurisdiction to vary a long lease of a flat if it ‘fails to make satisfactory provision’ in relation to various matters. These include, at LTA 1987, s 35(2)(e): ‘…the recovery by one party to the lease from another party to it of expenditure incurred or to be incurred by him, or on his behalf, for the benefit of that other party or of a number of persons who include that other party’ The issue posed by this question is whether the FTT can or will make an order under this jurisdiction to vary a service charge provision to provide for a sinking fund, or for payments on account,

Section 5 of the Children Act 1989 (ChA 1989) provides for the appointment of guardians. The appointment must be made in writing, dated, and signed by the appointor, either in a will or another formal document. If the appointment is made in a will, it must comply with the requirements of the Wills Act 1837. Additionally,