Individual character meaning

Is listed building consent required? Section 7 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) in England, and section 88 of the Historic Environment (Wales) Act 2023 (HE(W)A 2023) in Wales from 4 November 2024, provide that no person may carry out, or cause to be carried out, any works comprising: the demolition of a listed building; or its alteration or extension in any way that would affect its character as a building of special architectural or historic interest, unless those works are authorised by listed building consent. Whether proposed works affect the building’s character is a matter of individual judgement, and opinions may vary between the owner, interested parties and the local planning authority (LPA). Alterations that do not require planning permission may still need listed building consent; for instance, internal changes that are not ‘development’ within section 55 of the Town and Country Planning Act 1990 can nonetheless require listed building consent...

In a judgment issued on 12 March 2025, the court found that the EU Intellectual Property Office was correct to reject evidence submitted by Lidl Vertriebs-GmbH & Co KG concerning the prior public disclosure of one of its lightbulb designs, and it dismissed the appeal in full. Lidl Vertriebs-GmbH had asked the EUIPO to invalidate the design owned by Taiwanese company LiquidLeds, arguing the German company’s case that it lacked the 'individual character' required for IP protection. Lidl specifically maintained that the Taiwanese firm’s bulb was essentially the same as earlier designs that had already been made public before the Taiwanese company filed its application. The EUIPO rejected Lidl’s claim, prompting the company to appeal. However, the Board of Appeal dismissed the challenge after officials determined that the earlier designs...

Deity Shoes, SL v Mundorama Confort, S., Stay Design, SL, Case C‑323/24 What are the practical implications of this case? The Court of Justice’s ruling brings helpful certainty for businesses and practitioners in the design law sphere. EU design protection does not hinge on originality. Fashion trends do not curtail the designer’s freedom in a manner that lowers the protection threshold. The doctrine of inverse proportionality applies solely where genuine (ie, technical) constraints are present. Products assembled from existing components or supplier catalogues can be protected if the resulting design is new and leaves a different overall impression on the informed user. No need exists to show a creative leap or copyright‑style originality. A reduced threshold for individual character arises only where real constraints are established. In fashion‑led sectors, trends do not count as limiting factors, so the bar for individual character remains high. What was the background? Deity Shoes owns EU designs for various...

The General Court held that Lego A/S’s EU-registered design for the 2x1 clip block lacked 'individual character', and therefore did not merit any design protection. In March 2021, Guangdong Qman Toys Industry Co. Ltd formally petitioned the EUIPO to invalidate the Lego design, contending it failed to create a distinct 'overall impression' when compared with the 1x1 clip block, another Lego piece. In November 2022, the EUIPO’s Invalidity Division backed Quandong Qman Toys and annulled the design. Lego appealed thereafter, challenging it...

A certificate of lawfulness for proposed works under section 26H of the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) provides formal confirmation that intended works of alteration or extension—though not demolition—affecting a listed building in England do not need listed building consent, because they do not impact the character of the listed building as a building of special architectural or historic interest. As a result, such works are not liable to enforcement action under P(LBCA)A 1990, s 38. Refer to the Practice Notes: Listed building regime and listed building consent in England, and Listed buildings enforcement and criminal liability regime in England. Certificates are available only for works that have not yet been carried out—they cannot be secured retrospectively. Is there an obligation to obtain a certificate? There is no duty on any person to seek a certificate, nor any statutory requirement to apply. If an individual is satisfied that the planned works do not require listed building consent, they may proceed without any confirmation...

Good character requirement Pursuant to section 6(1) of the British Nationality Act 1981 (BNA 1981) and Sch 1, para 1(1)(b), anyone seeking naturalisation as a British citizen is required to be of good character. This good character test equally covers applicants aged ten or above who seek registration as British citizens. That said, the good character rule does not apply to several categories of applications, notably those brought under: the statelessness routes in BNA 1981, Sch 2 BNA 1981, section 4B, for an eligible individual with no nationality other than as a British Overseas citizen, British subject under BNA 1981, British protected person, or British National (Overseas) BNA 1981, section 4C, for an eligible person born between 1961 and 1983 BNA 1981, sections 4G–4I, for an eligible person who could not previously obtain citizenship because their natural father was not married to their mother (save that, for BNA 1981, section 4F applications, the pertinent registration ground is BNA 1981, sections 1(3),...

This Practice Note sets out practical steps for arranging the execution of a document by an individual who has an impairment or disability, or where the individual and their adviser do not share the same language. For overarching guidance on executing contracts and deeds, see the following Practice Notes: Deeds Executing documents—deeds and simple contracts We have also created a comprehensive, interactive collection to help users recognise and navigate key concepts and frequent issues in document execution. Each stage includes practical guidance, precedent clauses and Q&As tailored to that phase. For further details, see: Execution collection. Inability to read or comprehend documents in writing An impairment may prevent a signatory from reading a document themselves, for instance where they are partially sighted or blind. It may equally be that the signatory does not read or speak the language used in the document. In addition, do not assume that fluent speakers read at an equivalent level; someone may speak a language with...

What is earned settlement? The Home Secretary’s November 2025 policy statement and consultation, ‘A Fairer Pathway to Settlement’, puts forward contentious plans to radically reshape the existing system through which overseas nationals gain settlement in the UK, replacing it with an ‘earned settlement’ model. It characterises settlement as a ‘privilege rather than an entitlement’ and positions the changes as a move towards demonstrable contribution and integration. Central to the proposals is a rise in the standard qualifying period for settlement from five to ten years for the majority of applicants. That benchmark would subsequently be varied upward or downward according to a person’s individual circumstances. The scheme would rest on four core pillars that underpin decision-making: Character Integration Contribution Residence Certain aspects of these pillars would function as mandatory eligibility criteria under the proposals, while others would guide whether the qualifying period ought to be curtailed or, alternatively, extended in individual cases...