Legal Q&A

The law of passing off Passing off law may shield property names or addresses where goodwill is connected to the relevant name or address already...

Beneficiaries of an estate are not entitled to any distribution whilst the estate remains under administration at present...

Taking back possession of a garage When a landlord has rented out a dwelling, for example a house or flat, they cannot lawfully regain possession of the property while the tenant remains in residence except by initiating court proceedings. This requirement, in such circumstances, is expressly imposed by sections 2 and 3 of the Protection from Eviction Act 1977 ( PEA 1977)......

The provisions relating to notices of sums in arrear ( NOSIAs) Sections 86B–86D of the Consumer Credit Act 1974 ( CCA 1974) set out the rules on notices of sums in arrear ( NOSIAs). CCA 1974, s 86B deals with NOSIAs for fixed-sum credit agreements, etc, and CCA 1974, s 86C deals with NOSIAs for running-account credit agreements......

The general definition of ‘director’ is not exhaustive. Under the Companies Act 2006 ( CA 2006), the term ‘director’ covers any person who holds the office of director, whatever title they go by. As a result, it spans both executive directors and non-executive directors ( NEDs)......

This Q& A presumes the beverages are not provided as part of catering. The Value Added Tax Act 1994 ( VATA 1994) sets out the UK’s value added tax ( VAT) framework. For broader guidance on VAT, consult Practice Notes: What is VAT?, When does VAT apply? and When can a person recover VAT? Zero-rated supplies A zero-rated supply still counts as a taxable supply, despite no VAT being levied on it. Accordingly, it differs from a VAT-exempt supply in VAT terms......

Where the claimant trades as a sole proprietor, the assessment of losses is essentially a calculation of net earnings from self-employment, after deducting all overheads, tax, and similar items from their total gross takings for the year......

Section 96 of the Town and Country Planning Act 1990 ( TCPA 1990) Section 96 of the TCPA 1990 stipulates that a local planning authority ( LPA) is to maintain and keep a register holding whatever information is prescribed by law. The Town and Country Planning ( Development Management Procedure) ( England) Order 2015, SI 2015/595 (the England DMPO), specifies the matters to be contained within the planning register. Under article 40 of the England DMPO, SI 2015/595, every LPA is required to keep, arranged in two separate sections, a register recording each application for planning permission concerning its area......

In England and Wales, local authorities are treated as public, not private, prosecutors. This status stems chiefly from their prosecuting powers expressly arising under statutory provisions in law. Specifically, section 222 of the Local Government Act 1972 ( LGA 1972) furnishes them with authority to prosecute......

The regulation of consumer credit Under section 19 of the Financial Services and Markets Act 2000 ( FSMA 2000), no one may perform a regulated activity, or even hold themselves out as doing so, within the UK unless they are an authorised person—authorised by the Prudential Regulation Authority and/or the Financial Conduct Authority ( FCA)—or an exempt person, for example as an appointed representative. For a high-level outline of the UK regulated activities regime, see Practice Note: What are regulated activities? An activity is regulated where it is of a ‘specified kind’—that is, specified in the Financial Services and Markets Act 2000 ( Regulated Activities) Order 2001 ( RAO), SI 2001/544—and is carried on by way of business......

Right to rent scheme The duties imposed by the right to rent scheme extend to all relevant lettings described in Practice Note: Residential tenancies—a tenant’s right to rent under the Immigration Act 2014, except where a letting is an excluded tenancy set out in Schedule 3 to the Immigration Act 2014 ( IA 2014), also cited in that Practice Note. Be aware that social housing—as defined in IA 2014, Sch 3—is outside scope entirely......

While an amendment agreement aims to vary an existing contract, it stands as a separate contract in its own capacity. Consequently, identical principles of drafting and contractual interpretation govern the amendment agreement on its own terms alone......

Consumer Contracts ( Information, Cancellation and Additional Charges) Regulations 2013 ( CCR 2013), SI 2013/3134 Took effect on 13 June 2014, these rules govern the majority of agreements made between a ‘trader’ and a ‘consumer’. They set out clear general rights to cancel goods and services, including a longer ‘cooling‑off’ window for distance and off‑premises contracts—up to 14 days after delivery of the goods or conclusion of the contract (for services)—replacing the earlier seven calendar days......

Section 55 of the Town and Country Planning Act 1990 ( TCPA 1990) Section 55 sets out what amounts to “development” for which planning permission is needed under TCPA 1990, s 57. Development comprises: carrying out building, engineering, mining or other operations in, on, over or under land; or making any material change in the use of any buildings or other land There is no statutory definition of “material change of use”, though its principles derive from case law—see Practice Note: Material change of use. Under s 55(3)(a), using any building that was a single dwellinghouse as two or more separate dwellinghouses amounts to a material change of use of the building and of each part so used. This is generally taken to cover residential sub-divisions, including conversion into flats, as illustrated by Ozyurekliler v Secretary of State for Communities and Local...

File reviews Conducting file reviews signals that an organisation takes quality and compliance seriously. Reviews and audits yield meaningful data and statistics and, if issues are uncovered, the audit findings can be channelled into your risk register or other planning so remedial measures are enacted. Ensuring the right levels of supervision are firmly in place is essential. A Supervision policy can be valuable, clearly setting out supervision arrangements, including the following: file audits/reviews governance and reporting lines work allocation oversight of work case progression supervising correspondence outsourcing arrangements......

Personal representatives ( PRs) of an estate bear personal responsibility, limited to the estate’s value, for debts arising from the deceased. This responsibility extends to contingent obligations as well, even where no demand or claim has as yet been submitted......

For the purposes of this Q& A, we proceed on the basis that, by this stage, the employee’s salary has either been paused or reduced. A contract of employment may set out express terms granting the employee a right to be paid, and to receive contractual benefits, during any spell of sickness absence. In some situations there may even be an implied term requiring the employer to both pay and to provide contractual benefits while the employee is off sick. As regards express provisions, an employer is not obliged to accept any such express contractual terms. Where the employer does agree, the employment contract will usually specify how long any sick pay entitlement lasts, the rate at which sick pay will be paid, and whether the employee will continue to receive contractual benefits during a period of sickness absence. For instance, an...

To handle personal information in a lawful manner under the General Data Protection Regulation ( GDPR), Regulation ( EU) 2016/679, an employer must first identify a lawful basis before any personal data is processed. Among the lawful grounds listed in Article 6 of Regulation ( EU) 2016/679, GDPR, is processing that is necessary for the purposes of legitimate interests pursued by the controller or a third party, unless those interests are outweighed by the data subject’s interests, rights or freedoms. The Information Commissioner’s GDPR guidance explains that, in relation to the legitimate interests condition, it is the most adaptable lawful basis for processing; however, data controllers should not presume it will invariably be the right choice. The GDPR guidance further notes that: The legitimate interests basis tends to be suitable where individuals would reasonably anticipate the use of their data and the...

Contract law regulates the recoverable loss arising under a limitation of liability provision in a share purchase agreement where a warranty is breached. Warranties comprise contractual declarations or assurances concerning the state of the target company, its operations, assets and liabilities. Should a seller provide a warranty in a share purchase agreement that later turns out inaccurate, untrue or misleading, the buyer may pursue a breach of warranty claim and seek damages from the seller for losses thereby suffered by the buyer......

State Aid: The Basics Guide The Department for Business, Innovation & Skills’ July 2015 guide, State Aid: The Basics Guide, explains that state aid arises wherever public resources are used to give organisations an edge over others, potentially distorting competition and harming consumers and businesses across the EU. The concept is deliberately wide, as an “advantage” can be delivered in many ways, for example: grants loans tax breaks the use or sale of a state asset free of charge or for less than market value Public authorities, including local authorities in England and Wales, are accountable for ensuring their policies and projects comply with these requirements. During the implementation period following Brexit, state aid rules continue to apply in the UK. The annex to the Department for Education’s November 2019 publication, Securing Developer Contributions for Education, notes that unlawful state aid can occur in...