The rules in relation to service on a member of the regular forces are addressed in CPR PD 6A, para 5.1. This provides that: ‘The provisions that apply to service on members of the regular forces (within the meaning of the Armed Forces Act 2006 (AFA 2006)) and members of the United States Air Force are annexed to this practice direction.’ Section 374 of the Armed Forces Act 2006 (AFA 2006) gives definitions applying for purposes of the whole AFA 2006, it states: ‘“the regular forces” means the Royal Navy, the Royal Marines, the regular army or the Royal Air Force, and references to “a regular force” are to be read accordingly;…’ When looking to serve on a member of the Armed Forces consideration should

Every highway maintainable at public expense vests in the highway authority under section 263 of the Highways Act 1980 (HiA 1980). To this extent, the highway belongs to the highway authority and its ownership is considered to go as far down as is necessary for the construction and maintenance of the highway (described by Denning as the 'top two spits' (ie spade depths) of the road. Below that depth,

Summary The fundamental purpose of disclosure is to further the overriding objective by ensuring parties to litigation are on an equal footing. In clinical negligence claims the most important category of document is likely to be the claimant’s medical records. They will provide the most contemporaneous record of the treatment given to a patient and will, in many cases, be the basis of expert opinion that will determine the outcome of the litigation. An early and objective scrutiny of medical records can save a lot of time and expense. The Pre-Action Protocol for the Resolution of Clinical Disputes (Clinical

We are not aware of any cases decided by the English courts which have considered the enforceability of foreign law inheritance contracts in the UK. However, it is likely that certain principles of private international law will be relevant in determining whether the English court has jurisdiction to deal with the matter, including the domicile and capacity of the parties to the contract, and the location of the property which is the subject of the contract. See Practice Note: Private client and private international law—summary of main principles. Will

For the purpose of this Q&A we have limited our research to cover Lexis®+ UK Practical Guidance content relating to the principles to be applied when assessing likelihood of confusion in trade mark infringement disputes pursuant to the Trade Marks Act 1994 (TMA 1994) and Regulation (EU) 2017/1001 (the European Union trade mark Regulation). Practice Notes: Trade mark infringement—UK and Trade mark infringement—EU summarise the grounds for alleging infringement of UK trade mark registrations (pursuant to TMA 1994) and EU trade mark registrations (pursuant to Regulation (EU) 2017/1001). The issue of likelihood of confusion

Set out below are recent cases concerning the validity of notices served under a share purchase agreement (SPA). In the case of Treatt v Barratt, the Court of Appeal considered whether an earn-out notice was valid. The notice had been correctly served by the buyer and the seller did not invoke the SPA dispute resolution provisions in respect of the notice so served. However, the seller claimed that the notice itself was invalid, thus it would not be bound by the buyer's valuation. The SPA provided for the earn-out to be calculated by reference to the pre-tax profit of the two groups of companies sold as ascertained from the audited accounts of each group for two calendar years ending 31 December 2011. However, following completion the buyer changed the accounting reference date of the groups (aligning them with its own accounting reference date) and therefore instead of basing the calculation on audited accounts as required,

Definition of a life interest under a trust As explained in our Practice Note: Creation of trusts—life interest trusts, the nature of a life interest trust is that: 'the life tenant is entitled to income produced by the trust fund or to the use of trust assets. The life tenant is not entitled to capital held for the beneficiaries in remainder on the termination of the life interest. Put very simply, income is payable to A for life and on A's death B receives the capital. The beneficiaries may be named within the clause or defined terms may be used'. Tolley’s Administration of Trusts, in their commentary on Creation of trusts—life

See the following content: • Standard contractual clauses—data controller to data processor in third country: Encyclopaedia of Forms and Precedents [339] • Standard contractual clauses—data controller to data controller in third country: Encyclopaedia of Forms and Precedents [341] These documents contain explanatory footnotes. See also Practice Note: International transfers of personal data, which offers more detailed guidance in

Under the Tribunals, Courts and Enforcement Act 2007, s 27 (TCEA 2007), sums payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal are recoverable as if they were payable under a court order: (1) A sum payable in pursuance of a decision of the First-tier Tribunal or Upper Tribunal made in England and Wales— (a)

For the purposes of this Q&A, we have assumed that this is referring to the position under the Data Protection Act 1998 (DPA 1998) and have limited our research to cover DPA 1998 and not the forthcoming General Data Protection Regulation (EU) 2016/679 (GDPR). Until GDPR comes into force from 25 May 2018 in the UK, DPA 1998 represents the current data protection regime in the UK. For more information on the current data protection regime see Practice Note: Applicability and scope of the DPA 1998. Compensation generally under the DPA 1998 DPA 1998, s 13(1) states that an individual who suffers damage by reason of any contravention of DPA 1998 by a data controller is entitled to compensation for that damage. DPA

The Ogden Tables are underpinned by mortality data from the Office of National Statistics which differs for men and women. This affects not only whole life multipliers based on prevailing life expectancy data, but also discounting factors for contingencies other than mortality. The Explanatory Notes to the Tables themselves make it clear that the figures which include a mortality assumptions are based on average or typical male and female life expectancy across the UK as a whole. It is suggested that such multipliers should be applied unless it is shown that the index individual’s life expectancy would be ‘atypical’. The threshold for showing a person

There appears to be no reported case where, in this sort of scenario, the borrower has succeeded in suing the bank (for examples of failed attempts to do so, see eg Deutsche Bank (Suisse) SA v Khan and Commercial First Business Ltd v Atkins). The posited scenario also contains quite a number of variables: • what kind of borrower? • what kind of lending? • what kind of security? • how was the enforcement challenged (and with what degree of success?)? • what sort of opportunity was lost, and how? This Q&A assumes that the borrower can successfully demonstrate that enforcement of the security was somehow improper and that it caused a loss of opportunity to make money from the asset over which security was held. That could, in principle, give rise to a claim against the lender/bank, on one of the following bases: Breach of contract If