Home rights meaning

More staff and freelancers are now working from home on a regular basis. Consequently, more material is produced at home and uploaded or circulated online—for instance, teachers sharing with their pupils via video platforms. Where content is made in this setting, consider who owns the IP, any use of third‑party works, and potential breaches of third‑party rights. For more detail on matters raised by this Checklist, consult the following Practice Notes: Copyright—protectable works Copyright—authorship and ownership Copyright & associated rights—overview Copyright infringement Copyright—secondary infringement Intellectual property—remedies Copyright—permitted acts and defences Joint ownership of intellectual property rights Use the third column to note observations or remarks while progressing through the Checklist. Checklist | Further information | Notes (if any) Copyright origination ☐ Pinpoint the copyright work. Copyright is unregistered and arises automatically once a qualifying work is created...

Procedural Guide This Procedural Guide outlines the procedure for seeking an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who is eligible to apply, the court’s evaluative criteria, and the additional requirements for without notice (ex parte) applications, together with rules on service, the approach to undertakings, and the availability of a power of arrest. It also addresses how long an order may run, how to draft the order, and the standard order 10.2—occupation order. An occupation order is an order under FLA 1996, Pt IV that primarily determines who has the right to occupy a property. The court may declare, confer, or regulate occupation rights in the family home as between family members or those in a domestic relationship. FLA 1996 identifies five scenarios in which the court may issue an occupation order; namely FLA 1996, ss 33, 35, 36, 37 and 38. Each of those provisions specifies who may bring the application, the scope of the court’s powers, and the...

In this issue: Employment contract Horizon scanning Pensions Tax Prohibited conduct (discrimination etc) Data protection and employee information Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract Supreme Court reinstates High Court injunction preventing Tesco from ‘firing and rehiring’ employees on less favourable terms. In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, the Supreme Court, unanimously and led by Lord Burrows and Lady Simler, upheld the High Court’s stance, reviving the injunction that bars Tesco from dismissing staff in order to strip them of a ‘permanent’ contractual entitlement to retained pay, then proposing re‑engagement without it. An implied term in the contracts curtailed Tesco’s ability to rely on dismissal rights for that end. Commentary on the ruling is provided by Neil Todd of Thompsons Solicitors; Jonathan Chamberlain and Connie Cliff of Gowling WLG; Philip Harman...

Singh (as trustee in bankruptcy of Mrs Angela Garcha) v Garcha and others [2024] EWHC 1844 (Ch) What are the practical implications of this case? The obligation on a judge to provide reasons for their conclusions flows from three core considerations: ensuring that the appellate system can operate effectively (English v Emery Reimbold & Strick Ltd (Practice Note) [2002] EWCA Civ 605; [2002] 1 WLR 2409, para [19]) recognising that the parties are entitled to be told how their substantive rights have been decided (Weymont v Place [2015] EWCA Civ 289, para [6]) upholding fairness by addressing any evidence that appears particularly persuasive, where such material exists (Simetra Global Assets Ltd v Ikon Finance Ltd [2019] EWCA Civ 1413, para [46]) That said, a judge is not required to engage with every point raised. It is enough if the reasoning demonstrates to the parties—and, if necessary, to the Court of Appeal—the essential basis on which the decision was reached (Eagil...

Original news Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59, [2016] All ER (D) 93 (Nov) The Supreme Court rejected an appeal against a deportation order made against a foreign offender, notwithstanding that his children are British citizens living in the UK. While the appellant argued that removal would violate his and his children’s rights under article 8 of the European Convention on Human Rights, the court decided that, on the evidence, he had no relationship with either child and their lives had been completely unaffected by his being their father. The court also determined that the Secretary of State was not required to undertake further enquiries concerning the appellant and his children beyond those already conducted. What was the background to the case? The appellant, a Tunisian national, married a British citizen in Tunisia in 1996. In 1997, his wife returned to Northern Ireland for the birth of their daughter, and he subsequently joined her. He was granted indefinite leave...

This Practice Note reviews the factors the court will take into account and the test it will adopt when considering an application by a trustee in bankruptcy (the trustee) seeking orders for possession and sale of the bankrupt’s home, including accommodation occupied by the bankrupt’s family... For further reading on making possession and sale applications and on the timing of any application, see Practice Notes: Possession and sale applications in respect of a bankrupt’s family home The ‘three-year rule’ in bankruptcy under section 283A of the Insolvency Act 1986 Applications for possession and sale of the family home Where a trustee applies to the court for possession and sale, they will, amongst other things, need both an order for sale and an order for vacant possession. In substance this is a two-stage exercise, yet, in practice, it is usually addressed within a single application. If the property is jointly owned, section 14 of the Trusts of Land and Appointment of Trustees...

MF/2 MF/2 sits within the IET and Institution of Mechanical Engineers’ suite of Model Forms. It is intended for domestic (UK) or international agreements dealing solely with the supply of electrical, electronic or mechanical plant, and its full name is MF/2 Model Form of General Conditions of Contract for use in connection with home or overseas contracts for the supply of electrical, electronic or mechanical plant. The core terms have remained unchanged since 1999, save for amendment slips addressing the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) and proposals to align it with MF/1 revision 5. Depending on the contractor’s scope and site characteristics, MF/2 can amount to a contract for ‘construction operations’ and fall within the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). It contains no adjudication provision and its payment terms do not satisfy those statutory controls—such provisions would need to be added by adapting comparable wording from MF/1. See Practice Notes: What is a construction contract under the HGCRA 1996? ...

Context The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 (HiA 1980). The making and confirmation of a compulsory purchase order (CPO) is usually regulated by the Acquisition of Land Act 1981 (ALA 1981). See Practice Note: Sources and limits...

In the First-tier Tribunal (Immigration and Asylum Chamber) Appeal No: XXXAPPLICANT NAME – AppellantANDSECRETARY OF STATE FOR THE HOME DEPARTMENT Application for costs under 9 (2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604 1 Introduction This application is brought pursuant to paragraph 9 (2) (b) of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604. The appellant seeks a costs order on the basis that the respondent has behaved unreasonably in the conduct of these proceedings. 2 This application has been made in-time, within 28 days of the date of [ insert relevant event or decision ] and has been served on the respondent. 3 Background The appellant is pursuing an appeal against a refusal of her human rights claim. A’s claim was refused on [ insert date ] and an appeal was submitted on [ insert date ]. The Tribunal listed a substantive hearing for [ date ] at [...

1 Introduction 1.1 This policy outlines the Company’s arrangements for homeworking, which may be introduced from time to time, as and when necessary, on a short-term basis in response to government advice and requirements relating to the coronavirus (COVID-19) pandemic. 1.2 These homeworking measures are exceptional, and their use does not create any entitlement to work from home on a permanent basis. 1.3 [[ For further information on our approach to homeworking on a regular full-time or part-time basis, please see our [ Homeworking policy ]. ] [ For details of our hybrid working approach, where staff spend part of their working time at the workplace and part working from home or another suitable remote location, see our [ Hybrid working policy ]. ] [ Where an employee submits a home or hybrid working request that amounts to a statutory flexible working request, it will be handled under our [ Flexible working policy ]. ]] 1.4 This policy applies to all employees, workers, and...

From [ insert name/job title ] [ name ] [ date ] Slavery and human trafficking continue to pose significant global problems, notwithstanding substantial initiatives to stop them. The Home Office characterises modern slavery as a crime that represents an appalling violation of human rights. It is an ethical and moral duty we act to make sure we are not connected to slavery and human trafficking in any way whatsoever, whether directly or indirectly...

From 28 September 2020, where a self-isolating worker is scheduled to work or carry out any other employment-related tasks during the isolation window (aside from working at home or the location where they are isolating), they must inform their employer that they are obliged to self-isolate, providing the start and end dates of that period. This notice must be supplied as soon as reasonably practicable and, in any case, before the worker is next due to commence work within the isolation period...

Legal ownership of a property in England and Wales as joint tenants Holding legal title to a property in England and Wales as joint tenants means each proprietor owns the undivided whole, and if one dies, the survivor automatically becomes the sole owner (and where there are more than two legal owners, the successively smaller number of survivors does so, until only one remains). This is called the doctrine of survivorship. No transfer takes place and the co-owner’s interest does not form part of their estate; rather, that interest is extinguished. Legal joint tenants who co-own hold the property’s beneficial interest on trust for the beneficial owners. The starting position is that the legal joint tenants are also the beneficial owners in the ordinary course of ownership...

With effect from 11 November 2021 No individual may enter a CQC-registered care home unless they can present documentary proof that they have completed a full course of coronavirus (COVID-19) vaccination, or formal confirmation that they should not be vaccinated for clinical reasons, except where they are: a resident of the home a friend or family member of a resident visiting a resident who is dying, or offering comfort or support to a bereaved resident required, where reasonably necessary, to provide emergency assistance on the premises attending the premises in the course of their duties as a member of the emergency services carrying out urgent maintenance work within the care home under 18 years of age The 'registered person'—that is, the individual registered with the CQC as the manager or service provider—has responsibility for ensuring that anyone entering a care home is either vaccinated or exempt. These provisions will clearly affect people who enter a care home...