Article 4 Direction meaning

In this issue: Key developments UK immigration control: how it works Sponsored Work Work sponsorship: sponsors Business investment, and non-sponsored work EU law rights and EU Settlement Scheme Long residence, discretion and human rights LexTalk®Immigration: a Lexis®Nexis community Daily and weekly news alerts New Q&A Key developments Future developments—Immigration calendar Please note, our Immigration calendar highlights key forthcoming changes of interest to business immigration advisers. UK immigration control: how it works Candour and a secret policy as a response to a judicial declaration (XY v SSHD) In XY v SSHD [2024] EWHC 81 (Admin), [2024] All ER (D) 01 (Feb), arising after the High Court’s declaration in R (KTT) v the SSHD [2022] EWCA Civ 307, [2022] All ER (D) 70 (Mar)—which found the defendant’s modern slavery leave policy unlawfully at odds with its policy to comply with Article 14(1)(a) of the Council of Europe Convention on Action against Trafficking...

What are the practical implications of this case? This decision is important for prosecutions about enforcement notices where the charge is that a defendant failed to comply with a notice in circumstances where an Article 4 Direction is in place removing permitted development rights. The court held that a defendant cannot require the prosecution to prove the existence of the relevant Article 4 Direction, because that question concerns the validity of the enforcement notice itself and, under TCPA 1990, s 285, may only be pursued by way of an appeal to the Secretary of State under TCPA 1990, s 174. What was the background? Mr Zahar repainted the outside of his home a dark grey and replaced wooden framed windows with upvc windows. The property was within a conservation area in which permitted development rights for these alterations had been withdrawn by an Article 4 Direction. He...

Asset Management & Investment Funds: EU & International Developments—April 2025 ESMA’s draft RTS and guidelines for liquidity management tools for funds ESMA has released draft Regulatory Technical Standards (RTS) alongside a final report covering guidelines on Liquidity Management Tools (LMTs), following an ESMA consultation. Within the draft RTS, ESMA defines requirements for choosing and calibrating LMTs to be applied by UCITS and by AIFMs managing open‑ended AIFs, both to manage liquidity risk and to curb threats to financial stability. The RTS have been drawn up under matching mandates in Article 18(a)(3) of the UCITS Directive and Article 16(2)(g) of the AIFMD. The final draft RTS under the AIFMD are included in Annex IV of the report, with those under the UCITS Directive set out in Annex V. The draft guidelines give direction on how managers should determine and calibrate LMTs having regard to their investment strategy, their liquidity profile, and the fund’s redemption policy. These guidelines are issued under mandates in Article 18(a)(4) of the UCITS Directive and...

Practice Note Use this Practice Note to identify the governing law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. Where incidents happened outside those dates, the UK courts will apply an alternative choice-of-law regime, and the regime engaged turns solely on the date of the occurrence. If the date falls outside that span, a different regime applies, selected by reference to timing of the event. For direction on those regimes and how they interrelate, see Practice Note: Applicable law regimes. It summarises the special rules governing particular heads of claim under Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II). The topics include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—i.e. agency without authority, and culpa in contrahendo—fault in forming a contract, as well as insurance...

Article 4 directions can be employed by local planning authorities (LPAs) to remove permitted development rights that would otherwise apply by virtue of the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 in England (the England GPDO), or by virtue of the Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418 in Wales (the Wales GPDO). An article 4 direction does not halt the development to which it relates; rather, it means planning permission must first be secured from the LPA for that proposal. For further detail, see Practice Notes: Permitted development in England, Permitted development rights and the prior approval system, and Permitted development in Wales. When article 4 directions should be used Statutory requirements The LPA must be satisfied that it is ‘expedient’ for development that would ordinarily enjoy permitted development rights not to proceed unless consent is granted on an application, before any development is carried out...

This Practice Note is aimed at UK private sector commercial organisations. It outlines the measures you should adopt to fulfil your duty under the UK General Data Protection Regulation (UK GDPR) to safeguard third party rights and freedoms when answering a data subject access request (a DSAR), with particular focus on trade secrets, intellectual property and copyright. It excludes processing for policing purposes or the intelligence services. A separate Practice Note addresses situations where handling a DSAR might require revealing information that identifies another person—see Practice Note: Responding to a data subject access request—information identifying other individuals. This Practice Note cites European Data Protection Board (EDPB) guidance. While EDPB materials are no longer directly applicable to, or binding under, the UK GDPR, the ICO has stated they can still offer useful direction on certain matters. The right of access The right of access is among the range of data subject rights contained in the UK GDPR. DSARs arise frequently and are regarded as the gateway right, allowing individuals...

Interest on judgment debts Judgment debts accrue simple interest at 8% per annum until paid, unless the court decides otherwise. By default, interest runs from the date judgment is given, unless the court, a rule or a Practice Direction provides differently. The court may order interest to run from a date before judgment. For further guidance, see Practice Note: Interest on judgment debts, together with the following Practice Notes: County Court judgments and orders—additional matters Which enforcement of judgment method should I choose?—in particular, the section: Which enforcement of judgment method should I choose?—In which court should you enforce your judgment—practical considerations Transferring a judgment from the High Court to a Country Court CPR 70.3 makes provision for transfer of proceedings in question, and states that an application must be made to the High Court before an order permitting the transfer of the proceedings will be granted by the court...