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In this issue: Residential property Transferring property Easements, rights and covenants Property taxes Additional property updates this week Daily and weekly news alerts Trackers New Q&As Residential property Failure to serve claim notice did not invalidate transfer of right to manage The Supreme Court unanimously rejected the appeal in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27, confirming that Tudor Studios RTM Company Ltd (Tudor Studios RTM Company)’s omission to serve a claim notice on A1 Properties (Sunderland) Ltd (A1 Properties) did not undo the transfer of the right to manage. The issue for decision was the consequence of non-compliance with section 79(6)(a) of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), and whether such a failure necessarily invalidates the process. Court of Appeal authority indicates that not every failure to serve a claim notice defeats an RTM company’s acquisition of the right to manage the premises: Elim Court...
In this issue: Financial sanctions AML, CTF & counter-proliferation financing Economic crime Data protection Other Practice Compliance updates this week Daily and weekly news alerts Trackers New and updated content Financial sanctions OFSI updates Enforcement and Monetary Penalties guidance The Office of Financial Sanctions Implementation (OFSI) has revised its Enforcement and Monetary Penalties guidance, with most changes focused on chapter 3 covering case assessment. The revision sets out how ‘case factors’ are considered and allocated when scrutinising suspected financial sanctions breaches. Two separate factors have been added: ‘knowledge, intention and reasonable cause to suspect’ and ‘co-operation’. OFSI also notes a change in chapter 6 regarding the delegation of ministerial reviews of monetary penalties. See: LNB News 02/05/2024 20. AML, CTF & counter-proliferation financing The Law Society reports two-fifths of laundered money is through property The Law Society highlights new Europol findings showing that 41% of organised crime networks launder proceeds via...
PI & Clinical Negligence weekly highlights—7 March 2024 In this issue: Clinical negligence Fraud and fundamental dishonesty Damages Case management Costs Key PI & Clinical Negligence developments LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts Clinical negligence Administrative Court dismisses appeal in clinical negligence claim The King’s Bench Division Administrative Court (Birmingham), in Chilton v Payne [2024] EWHC 451 (Admin), rejected the appellant’s appeal against an order dismissing her claim for damages against the respondent surgeon for negligence. The case concerned an alleged omission by the respondent to provide, or ensure, sufficient abdominoplasty follow-up and/or aftercare. She maintained, among other grounds, that the judge had erred in fact and in law: (i) in concluding there was no breach of the post-operative duty of care; and (ii) in his treatment of factual causation. On appeal, the court affirmed that the judge was right to find no duty on the respondent to...
Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...
ARCHIVED: Revised Horizontal Guidelines were published in the Official Journal on 21 July 2023. This Practice Note was produced with the previous Horizontal Guidelines in mind and is no longer maintained. For up to date content, please refer to the relevant section in Practice Note: Analysing horizontal co-operation agreements under EU competition law. Standardisation (or standard-setting) is widely practised and has a pivotal role across many industries and in society more broadly, delivering clear advantages, such as: stimulating innovation assuring product quality and safety enabling interoperability/compatibility reducing transaction costs Agreements on standards primarily seek to establish technical or quality requirements that current or future production processes, methods or products must meet, for instance to ensure compatibility between products designed to work together. Standardisation agreements may cover a range of matters, including harmonising different grades or sizes of a particular product, or setting technical specifications in markets where compatibility with other products or systems is necessary or essential. ...
This Practice Note outlines the remit, powers and duties of the for Health and Social Care (PSA). The PSA was established to draw together the bodies regulating healthcare professions and to secure a cohesive, co-ordinated approach to standard-setting, performance oversight, and to inspection and validation... Regulatory reform of healthcare regulators On 17 February 2023, the Department for Health and Social Care (DHSC) set out proposals to modernise the legislative framework for nine health and care professional regulators via a series of statutory instruments, giving each regulator fresh powers to shape their own regulatory processes to enhance patient safety and streamline the healthcare system. These include: General Chiropractic Council (GCC) General Dental Council (GDC) General Medical Council (GMC) General Optical Council (GOC) General Osteopathic Council (GOsC) General Pharmaceutical Council (GPhC) Health and Care Professions Council (HCPC) Nursing and Midwifery Council (NMC) Pharmaceutical Society of Northern Ireland (PSNI) The reforms are enabled by the Health and...
The Industrial and Provident Societies Act 1965 (IPSA 1965) has been revoked. The Co‑operative and Community Benefit Societies Act 2014 (CCBSA 2014) now regulates how registered societies are formed and run. Per CCBSA 2014, s 1(1)(b), ‘registered society’ covers, via CCBSA 2014, s 150, societies which, immediately before 1 August 2014, were registered or regarded as registered under IPSA 1965 at that time...
Section 14 of the Co-operative and Community Benefit Societies Act 2014 (CCBSA 2014) The statute requires that a Co-operative and Community Benefit Society’s rules set out how members are admitted. In a CCBS, individuals who hold shares (often described as ‘shareholders’) are not ‘appointed’; rather, they gain membership under the society’s own rules, which are established by its directors. While CCBSA 2014 imposes no statutory limits on admitting members, the society’s rulebook should be reviewed, as it typically contains specific provisions governing the process for bringing new members into the society. For more information, refer to Practice Note: Co-operative and community benefit societies. Those provisions are set by the board and are applied when assessing membership applications received...