lexisanswer_searchterm

Article 45 of the Treaty on the Functioning of the European

Union

agreement of members to short notice of a general meeting

agreement of members to short notice of a general meeting

agreement of members to short notice of a general meeting

agreement of members to short notice of a general meeting

agreement of members to short notice of a general meeting

application procedure for nationally significant infrastructure

projects

application procedure for nationally significant infrastructure

projects

can the landlord be held liable for the path outside the flat
compelling circumstances test deportation

creation of an easement

creation of an easement
disadvantages of agency

economic consequential loss tort

economic consequential loss tort

economic consequential loss tort

economic consequential loss tort

If a Head Leasehold Title Is Disclaimed and the Land Registry

Closes the Disclaimed Title; What Effect Does This Have on
Any Subservient Subleases (and Legal Charges)?
Lies as evidence of guilt

Lies as evidence of guilt

Making changes to Development Consent Orders

Risk of Loss or Damage During Transit

Risk of Loss or Damage During Transit

tax free allowance emplyer

the hedge and ditch rule

the hedge and ditch rule

• Data Retention Policy

• Data Retention Policy

accomodating religion

accomodating religion

accomodating religion

accomodating religion
attorney breach of duty claim

attorney breach of duty claim

attorney breach of duty claim

business and commercial considerations law firms

business and commercial considerations law firms

disclaimed land from Land Registry

funding access to justice

funding access to justice

funding access to justice

funding access to justice

he is aware of the danger or has reasonable grounds to
believe that it exists

he is aware of the danger or has reasonable grounds to

believe that it exists

how to obtain an interim injunction

how to obtain an interim injunction

how to obtain an interim injunction

how to obtain an interim injunction

Is a Pay Less Notice Deemed given on the day it is received?

Is a Pay Less Notice Deemed given on the day it is received?

Is a Pay Less Notice Deemed given on the day it is received?

legislation imposes a duty on the UK Government to ensure

that greenhouse gas emissions are below a certain level by
the year 2050?

legislation imposes a duty on the UK Government to ensure

that greenhouse gas emissions are below a certain level by
the year 2050?

legislation imposes a duty on the UK Government to ensure

that greenhouse gas emissions are below a certain level by
the year 2050?

legislation imposes a duty on the UK Government to ensure

that greenhouse gas emissions are below a certain level by
the year 2050?
legislation imposes a duty on the UK Government to ensure
that greenhouse gas emissions are below a certain level by
the year 2050?

particulars of claim solicitor claim struck out

particulars of claim solicitor claim struck out

particulars of claim solicitor claim struck out

precedent for calling general meeting

precedent for calling general meeting

precedent for calling general meeting

section 1 Code of Corporate Governance

standstill agreement to extend time
standstill agreement to extend time

standstill agreement to extend time

standstill agreement to extend time

standstill agreement to extend time

changing terms of a court order

changing terms of a court order

changing terms of a court order

Could a Dividend; Which Was Believed to Be Lawful at the

Time It Was Paid; Later Prove to Be Unlawful Because the
Company\'s Financial Position Did Not Justify the Payment As
Originally Thought?

does the UK have a definition of digital assets?

does the UK have a definition of digital assets?

human rights AND environmental objectives

human rights AND environmental objectives

is an inheritance a matrimonial asset

is an inheritance a matrimonial asset

nis directive (cybersecurity directive)

nis directive (cybersecurity directive)

nis directive (cybersecurity directive)

nis directive (cybersecurity directive)

nis directive (cybersecurity directive)

Professional Negligence Solicitors

Professional Negligence Solicitors

Professional Negligence Solicitors

Professional Negligence Solicitors

Professional Negligence Solicitors

recovery of deposit housing

recovery of deposit housing

recovery of deposit housing

sale of agricultural land

sale of agricultural land

sale of agricultural land

Unitary Patents Court

Unitary Patents Court

Unitary Patents Court

Unitary Patents Court

Unitary Patents Court

What does EU ETS mean?
 passage lexisansw question_category
er_queryc
lassificati
on

EU workers and EU citizens enjoy the right of freedom of

movement. This right is granted to EU workers in Article 45 of
the Treaty on the Functioning of the European Union (TFEU)
and in Article 21 TFEU for EU citizens. More detailed
provisions on the conditions and limitations of these rights
can be found in EU Directive 2004/38. EU workers and
citizens enjoy the right to move and reside in other Member
States without discrimination and the exercise of this right NLInterpr
can only be restricted on grounds of a public interest that is etableQu Questions about rules or
proportionate in relation to the restriction imposed. ery statutes

In order to hold the meeting at shorter notice; written

consent must be obtained from a majority in number and; for
private companies; at least 90% in nominal value of all NLInterpr
members with voting rights (see EF&P Consent of members etableQu
to short notice of meeting). ery Single topic questions

It is possible for the members of a private company or a NLInterpr

public company (but not a traded public company) to agree etableQu
to hold a general meeting on shorter notice. ery Single topic questions

It is possible for the members of a private company or a

public company (but not a traded public company) to agree
to hold a general meeting on shorter notice. For a private
company; a meeting may be called on short notice with the
agreement of a majority in number of members together
holding not less than 90% in nominal value of the company's NLInterpr
voting shares (the company's articles may instead specify a etableQu
higher percentage; up to 95%). ery Single topic questions

A general meeting may be called on short notice with the

agreement of: • in the case of a private company; a majority
in number of members together holding not less than 90% in
nominal value of the company's voting shares (the company's
articles may instead specify a higher percentage; up to 95%);
and • in the case of an unlisted public company; a majority in NLInterpr
number of members together holding not less than 95% in etableQu
nominal value of the company's voting shares ery Single topic questions
The shareholders of a public company that is a traded
company cannot consent to a general meeting being held on
short notice; other than a general meeting that has been
adjourned. An adjourned general meeting may be called on
shorter notice than otherwise required; but in the case of an
adjournment for lack of a quorum; it can only be called on
shorter notice if it is held at least 10 days after the original
meeting and no business is dealt with at the adjourned NLInterpr
meeting the general nature of which was not stated in the etableQu
notice of the original meeting. ery Single topic questions

A Development Consent Order (DCO) is the means of

obtaining permission for developments categorised as
Nationally Significant Infrastructure Projects (NSIP in
England). Applications for NSIPs are submitted to the Planning
Inspectorate (PINS). The relevant Secretary of State is the
decision maker on all applications for DCOs. The Secretary of NLInterpr
State may advise on the merits of an application or proposed etableQu
application. ery Single topic questions

For large infrastructure projects; known as 'Nationally

Significant Infrastructure Projects' (NSIPs); there is a separate
consenting regime under the Planning Act 2008; where the
proposed developer applies to the Secretary of State for a
development consent order. This combines a grant of NLInterpr
planning permission with a range of other separate consents; etableQu
such as listed building consent. See:. ery Single topic questions

In Edwards; the Supreme Court reversed the Court of

Appeal’s decision and held that; although the landlord under
an assured shorthold tenancy had a sufficient 'interest' in the
front hallway and paved area of the rented flat for the
purposes of s 11(1A)(a) of the Landlord and Tenant Act 1985;
he was not liable for the disrepair which had caused the
tenant's injury (the tenant had tripped on a pathway outside
the building); as he could only be liable if: (i) the paved area
of the property had been part of the exterior of the front hall
and it had not been and (ii) he had had notice of the disrepair NLQuesti
before the accident; which he had not. on Single topic questions
Section 117C confirms that it is in the public interest to
deport foreign criminals (ss 1). It also sets out the following
public interest considerations in relation to foreign criminals:
• the more serious the offence committed; the greater the
public interest in deportation • for those sentenced to a
period of imprisonment of less than four years; the public
interest requires deportation unless exception 1 or exception
2 applies; and • for those sentenced to a period of
imprisonment of four years or more; the public interest
requires deportation unless there are very compelling NLInterpr
circumstances over and above those described in the etableQu
exceptions ery Single topic questions

Where the neighbour is willing to allow access to their land;

an easement can be created by an express grant of one. The NLInterpr
grant of an easement for a legal estate must be effected by a etableQu
deed. ery Single topic questions

The four requirements for the creation of a valid easement

are set out in Re Ellenborough Park as follows: • there must
be a dominant and a servient tenement • an easement must
accommodate the dominant tenement • dominant and
servient owners must be different persons • a right over land NLInterpr
cannot amount to an easement unless it is capable of forming etableQu
the subject matter of a grant ery Single topic questions
The Police Intellectual Property Crime Unit was formed to
focus on IP crime such as counterfeiting within the City of
London police; tackling counterfeiting and piracy which may
not be a priority for other forces; or for Trading Standards.
Consequently; rights holders seeking assistance from law
enforcement agencies must be able to convince those
agencies that taking action against an identified target is a
worthwhile use of their limited resources and any
prosecution will need to meet the relevant requirements
(such as those of the Crown Prosecution Service (CPS)). The
most effective way of doing so is to provide a detailed report
which: • sets out everything the rights holder knows about
the target and the nature and extent of its activities; including
all documentary and witness evidence • explains why the
target’s activities constitute criminal offences; by reference to
the relevant statutory provisions. It is worth noting in this
respect that counterfeiting and piracy will in many cases
constitute fraud as well as offences under trade mark; designs
and copyright legislation; which may attract more interest
from law enforcement agencies. Rights holders should also
remember that any evidence to be provided will need to
meet the relevant criminal standards (for example; those in
the Criminal Procedure and Investigations Act 1996); and •
summarises what harm may be caused; or has already been NLInterpr
caused; as a result of the target’s action; whether to the etableQu
rights holder; or to the general public ery Single topic questions

The assured’s liability must be ‘for’ the specified physical

damage. Following normal tort principles; directly
consequential financial loss recoverable by the third party as
part of its damages for a physical loss is covered: Rodan
International Ltd v Commercial Union Ass Co Ltd [1999] LRIR
495 (not reported by LexisNexis®). Liability for pure economic
loss; eg loss of revenue; is not; absent a specific extension:
Tesco Stores Ltd v Constable. Nor is liability to make
restitution since this is premised on reversal of a gain rather NLInterpr
than compensation for loss: Axa Insurance UK Plc v etableQu
Thermonex Limited. ery Single topic questions
Monetary damages are recoverable based on the actual loss
sustained together with consequential foreseeable losses that
flow from the breach of contract; tort or other breach of
duty. Normally these damages are calculated on one of the
main categories of (1) loss of bargain; (2) reliance-based
damages; (3) consequential losses; or (4) loss of gains. Purely
economic losses or losses of profits are not usually
recoverable unless they are directly associated with the
above categories. The measure of loss is the net value of the NLInterpr
benefit contracted for. Multiple damages may not be etableQu
recovered. ery Single topic questions

The assured’s liability must be ‘for’ the specified physical

damage. Following normal tort principles; directly
consequential financial loss recoverable by the third party as
part of its damages for a physical loss is covered (See Rodan
International Ltd v Commercial Union Ass Co Ltd [1999] LRIR
495 (not reported by LexisNexis®)). Liability for pure
economic loss; eg. loss of goodwill or repeat orders; is not;
absent a specific extension (See A S Screenprint Ltd v British NLInterpr
Reserve Ins Co Ltd [1999] LRIR 430 (not reported by etableQu
LexisNexis®)). ery Single topic questions

In two important situations; the nature and extent of the duty NLInterpr
of care is restricted to reflect particular difficulties: • etableQu
economic loss • psychiatric damage ery Single topic questions

Accordingly; the head leasehold title should only be closed if

any subleases and/or legal charges noted on the title no
longer have an interest in the property on the basis of an
unsuccessful application for a vesting order; or the lease has
been forfeited. See Q&A: For further reading; see: • Q&A: (A)
is subtenant of part of premises in respect of which the
headlease has been disclaimed. Can they remain in NLQuesti
occupation? • Practice Notes: on Single topic questions
Where the accused fails to mention a fact later relied on; it is
usually unhelpful to give both a direction under CJPOA 1994;
s 34 and a ‘Lucas’ direction. A Lucas direction will usually be
appropriate where the defendant’s lies are relied on to
support evidence of guilt as opposed to merely reflecting on
the defendant's credibility. The purpose of a Lucas direction is
therefore to remind the jury that lies may be told for a
number of innocent reasons and do not on their own indicate
or equate to guilt. However; it may be necessary to give both NLInterpr
directions and a decision should be based on the facts and etableQu
issues in the case. ery Single topic questions

NLInterpr
The judge in Raja v McMillan considered that Kuwait Oil etableQu
Tanker suggested that: ery Single topic questions

Development Consent Orders (DCOs) grant consent for

nationally significant infrastructure projects under the
Planning Act 2008 (PA 2008). Once a DCO has been made; it
can be changed by way of a: • correction order • non- NLInterpr
material change order • material change order • new etableQu
application ery Single topic questions

It is also important to ensure that the risk profile of the

transaction is monitored. A change in the nature of the risk
may mean that the insurer can argue it is released from its
obligations under an insurance policy. For example; an
insurance policy covering the risk of damage or destruction of
goods while they are in transit by ship may no longer be valid
where the goods have reached port but are not unloaded for
an extensive period of time. A financier should; therefore;
make sure that it is satisfied with how the insuring clause is NLInterpr
drafted and that appropriate measures are put in place to etableQu
monitor the nature of the risks involved. ery Single topic questions
Delivery happens—and risk transfers—when the goods are
placed; not loaded; at the buyer’s disposal. However; risk of
loss of or damage to the goods occurring while the loading
operation is carried out by the seller; as it may well be; might
arguably lie with the buyer; who has not physically
participated in the loading. Given this possibility; it would be
advisable; where the seller is to load the goods; for the
parties to agree in advance who is to bear the risk of any loss
of or damage to the goods during loading. This is a common
situation simply because the seller is more likely to have the
necessary loading equipment at its own premises or because
applicable safety or security rules prevent access to the
seller’s premises by unauthorised personnel. Where the
buyer is keen to avoid any risk during loading at the seller’s
premises; then the buyer ought to consider choosing the FCA
rule (under which; if the goods are delivered at the seller’s
premises; the seller owes the buyer an obligation to load; NLInterpr
with the risk of loss of or damage to the goods during that etableQu
operation remaining with the seller). ery Single topic questions

Employees have a personal annual tax-free allowance for CGT NLInterpr

purposes. This allowance (see Practice Note: ) can be used to etableQu
offset any capital gains made. ery Single topic questions

The Q&A refers to the ‘hedge and ditch rule’ which is a legal
presumption that when adjoining land held by different
owners is separated by a hedge and ditch; the hedge and
ditch will be deemed to belong to the owner of the land on
the same side of the ditch as the hedge is situated; unless
there is evidence to the contrary. The two presumptions that
the rule relies upon were detailed in Alan Wibberley Building
Limited v Insley: • the ditch was dug after the boundary was
drawn; and • when a person cuts a ditch they will do so at the NLInterpr
very extremity of their land and any soil thrown up will be put etableQu Questions about rules or
on his own land for the planting of the hedge ery statutes
If the hedge and ditch rule is not applicable because the land
was in sole ownership; the question then becomes one of
fact. The court would look to see whether the area in dispute
has been incorporated in; and used with; one party’s property
in the past; perhaps since the time when the land was divided
into separate ownership. In this particular factual scenario;
the title deeds make it clear that the hedgebank forms part of
the property of owner B. The question then remains where
the actual boundary lies; whether through the middle of the
line of the hedge; or along one or other of the hedge’s side.
Hedges can of course grow wider; meaning the boundary
could be moveable were the latter approach adopted.
Nevertheless; this approach has been used (Collis v
Amphlett). Living boundary structures; such as a hedge; will NLInterpr
inevitably move over time; making the original boundary line etableQu Questions about rules or
hard to discern. ery statutes

A data retention policy may refer to a separate data retention

schedule or guidelines. A retention schedule typically lists the NLInterpr
categories of records or information you hold and how long etableQu Questions about rules or
you intend to retain it. ery statutes

Businesses will often therefore need a data retention policy

which determines how long each type of data can be kept for;
and to ensure that it is disposed of in a secure manner at the
end of that period. If an organisation holds only a small
amount of personal data; a formal data retention policy may
not be needed. It is important; however; that the NLInterpr
organisation nevertheless ensures that it is compliant with etableQu Questions about rules or
law; and therefore regular audits should be undertaken. ery statutes
Staff may also request a break during the day to allow them
to pray because some religious or non-religious beliefs
require their followers to pray at specific times during the day
or may advocate daily meditation. Employers with a diverse
workforce may therefore have employees who request access
to an appropriate place to undertake their religious or non-
religious observance. EqA 2010 does not require employers to
provide such a space but some employers do provide a quiet
room for this purpose. When considering requests for a quiet
room employers should ensure they do not discriminate;
especially if comparable facilities are provided for other
reasons. However; employers should be careful to avoid
creating a disadvantage for workers who do not need a quiet NLInterpr
room (for example; by converting the only rest room); as this etableQu
might amount to indirect religion or belief discrimination. ery Single topic questions

The Equality Act 2010 protects employees from

discrimination because of their religion or belief. Employers
should try to accommodate religious beliefs and customs
where is would be reasonable and practicable to do so. Many
religions have different funeral requirements and related
religious observances and employers should carefully NLInterpr
consider these against the business reasons for not observing etableQu
the belief or custom. ery Single topic questions

One lesson that employers might derive from this; as regards

allegations against them of indirect religion or belief
discrimination; is that provided they craft their legitimate aim
with sufficient care; they will be able to justify the blanket
application of a discriminatory PCP even if there was an
alternative wholly practicable course which could have been NLInterpr
taken instead which would have accommodated the religious etableQu
objections of adversely affected workers. ery Single topic questions

While a number of employers are opting for enclosed single

occupancy ‘washrooms’ (ie individual; walled cubicles); some
staff may feel uncomfortable using facilities that are used by
another gender; eg for religious reasons or because they feel NLInterpr
that another gender’s use of the facilities may be less etableQu
hygienic. ery Single topic questions
A claim could also be brought against the attorney for breach
of fiduciary duty. If the attorney has made unpermitted use of
the donor’s funds; this is unlikely to have been in the donor’s
best interests. The donor would have had a claim against NLInterpr
their attorney for breach of fiduciary duty which would etableQu
survive for the benefit of the donor’s estate. ery Single topic questions

The deceased’s PRs could alternatively pursue a claim against

the attorney in negligence; on the basis that the attorney
owed the donor a general duty of care to act in their best
interests; which they have breached by making unpermitted
use of the donor’s funds. The personal representatives would NLInterpr
need to demonstrate that deceased’s estate has suffered a etableQu
loss as a result of the attorney’s negligence. ery Single topic questions

A claim for breach of fiduciary duty in an elderly client

scenario would normally be a claim against an Attorney or NLInterpr
Deputy or carer or trustee who has a duty of care to the etableQu
elderly person under their charge. ery Single topic questions

One of the key roles of a Commercial lawyer is to provide

practical solutions to the client’s business issues with the
intention of achieving the best outcome for the organisation
—balancing commercial needs and risk and ensuring legal
compliance. Commercial arrangements are essential to the
success of a business. Providing a solution that is fit for
purpose; means that a Commercial lawyer has to look beyond
the specifics of the task at hand and consider the potential NLInterpr
wider impacts of pursuing a particular transaction or course etableQu
of action. ery Single topic questions

The ‘duty to respect’ has key implications for law firms and
lawyers. Law firms are business entities and have the same
responsibilities as businesses in other sectors to respect
human rights. Commercial lawyers also need to take human NLInterpr
rights into account when they supply advice and services to etableQu
clients. ery Single topic questions
We assume however that the land was disclaimed ten years
ago; and that the bankrupt has since been in occupation. On
that assumption; when the land was disclaimed and became
escheat; as set out above; the freehold title will have come to
an end and accordingly there will no longer be a registered
interest. Therefore; arguably any claim for adverse possession
of the land would be on the basis of unregistered land; and as
such governed by the Limitation Act 1980 (LA 1980) rather
than the LRA 2002. In that regard; we have only found NLInterpr
guidance in the context of a dissolved company where there etableQu
has then been a disclaimer by the Crown in : ery Single topic questions

Third-party litigation funding is now largely considered to

increase access to justice and; at the same time; old-
fashioned rules prohibiting champerty and maintenance have
been progressively eroded in recent years. However; those
funding litigation must be careful to act with propriety and in NLInterpr
accordance with public policy objectives and applicable etableQu
regulation. ery Single topic questions

Public funding in care proceedings is provided for parties by NLInterpr

the Legal Aid Agency (LAA) who are an executive agency of etableQu
the Ministry of Justice (MOJ). ery Single topic questions

Pursuant to the common law rules against maintenance and

champerty; third party funding in Bermuda is prohibited.
However; in Stiftung Salle Modulable v Butterfield Trust
[2014] Bda LR 13; then Chief Justice Ian Kawaley suggested
that such prohibitions are no longer good law in Bermuda
when he said: The constitutional protected right of access to
the court that is implicit in the fair trial rights guaranteed of
section 6(8) of the Bermuda Constitution as read with
European Convention on Human Rights jurisprudence on NLInterpr
article 6 of that Convention suggest that such funding etableQu
arrangements should be encouraged rather than condemned. ery Single topic questions

Third-party litigation funding is permitted and endorsed by

the judiciary and policymakers as a tool of access to justice. NLInterpr
Consistent with modern public policy; English courts have a etableQu
generally positive attitude to third-party funding. ery Single topic questions
An occupier of premises owes a duty to another (not being its
visitor) in respect of any danger due to the state of the
premises; or due to things done or omitted to be done on
them; if: • it is aware of the danger or has reasonable
grounds to believe that it exists • it knows or has reasonable
grounds to believe that the other is in the vicinity of the
danger concerned; or that they may come into the vicinity of
the danger (in either case; whether they have lawful
authority for being in that vicinity or not)the risk is one NLInterpr
against which; in all the circumstances of the case; it may etableQu
reasonably be expected to offer some protection ery Single topic questions

An occupier owes a restricted duty of care to trespassers in

respect of the premises (which includes any fixed or
moveable structure) under the Occupiers' Liability Act 1984
(OLA 1984). He must be: • aware of the danger or have
reasonable grounds to believe that it exists • know or have
reasonable grounds to believe that the trespasser is in or may
come into the vicinity of the danger; and • the risk must be
one against which; in all the circumstances of the case; the NLInterpr
occupier may reasonably be expected to offer some etableQu
protection ery Single topic questions

An application for an interim injunction can be made prior to

or after the issue of substantive proceedings. However; in all
cases an interim injunction is ancillary to a substantive claim
and the application will need to detail the legal basis of that
substantive claim. As set out in On Medical v MedCo
Registration Solutions; ‘a claimant is not entitled to come
along to court and invoke its jurisdiction to grant injunctive
relief without undertaking to issue the appropriate claim
whatever the outcome of that interim injunction application’.
As such; where a court grants a pre-action order for an
injunction either the applicant must undertake to the court to
issue the claim form immediately; or the court should give NLQuesti
directions requiring the applicant to issue a claim (). on Single topic questions

Interim injunctions may be sought prior to the

commencement of proceedings ie before the court issues a
claim form. Under the court can grant an interim injunction
before a claim form has been issued as long as: • there is no
rule or practice direction prohibiting the grant of the order •
the matter is urgent • it is otherwise desirable in the interests
of justice to grant the interim remedy before the claim is NLQuesti
brought on Single topic questions
It is possible for a patentee to obtain an interim injunction
after having lost a revocation action at first instance (pending
appeal) following Novartis v Hospira. The court must be
satisfied that the appeal has a real prospect of success; but it
will not usually attempt to form a view as to how much
stronger those prospects are; or give weight to that view in
assessing the balance of convenience. The court must assess
all the relevant circumstances post-judgment; including the
period of time before any appeal is likely to be heard and the
balance of hardship to each party if an injunction is refused or
granted. Grant of an injunction is not limited to the case
where its refusal would render an appeal nugatory. In each
case; the court should endeavour to arrange matters so that
the Court of Appeal is best able to do justice between the NLQuesti
parties once the appeal is heard. See News Analysis:. on Single topic questions

A claimant might be able to obtain an interim injunction to

prevent the publication pending trial of allegations of a
private and personal nature; true or false; defamatory or not;
if the threatened publication would be a misuse of the
claimant's private information and his rights under Article 8 of NLQuesti
the ECHR outweigh all competing considerations. on Single topic questions

In default of agreement; the Scheme for Construction

Contracts provides that the notice must be given not less
than seven days before the final date for payment. The JCT
contracts; for example; state a period of five days; whereas
the NEC3 and NEC4 contracts use a period of seven days.
Again; in practice; these periods are often amended by NLQuesti
employers' lawyers to shorter periods. on Single topic questions

A pay less notice cannot be given before the payment notice.

It must be given not later than the prescribed period; which
the parties are free to agree in the contract (HGCRA 1996; ss NLQuesti
111(5) and 111(7)(a)). on Single topic questions
It is clear from the text of the statute that: • it requires the
pay less notice to identify the sum due on the date that the
notice is served. The statute does not limit this requirement
to show the sum due in any way. Therefore if the sum due is a
sum due to the party issuing the notice; rather than the party
receiving the notice; then the notice should show a negative
figure • it envisages that the pay less notice may indicate that
nothing is due to the party in receipt of the notice. The fact
that the statute contemplates that the notice may show zero
must; ex hypothesis; include the prospect that less than zero
(ie a sum due to the issuing party) can also be shown on the NLQuesti
pay less notice on Single topic questions

In the UK; CCA 2008 established a legally binding target for

the UK to reduce its greenhouse gas (GHG) emissions by at
least 80% from 1990 levels by 2050. This was later amended
by the Climate Change Act 2008 (2050 Target Amendment)
Order 2019; SI 2019/1056; which came into force on 27 June
2019 and amended the legally binding target to 100% or net NLInterpr
zero. This means the UK has a legally binding target to reduce etableQu
its GHG emissions by at least 100% from 1990 levels by 2050. ery Single topic questions

Under the Climate Change Act 2008 (CCA 2008); as amended

by the Climate Change Act 2008 (2050 Target Amendment)
Order 2019; SI 2019/1056; the UK has a statutory target to NLInterpr
reduce greenhouse gas (GHG) emissions by at least 100% on etableQu
1990 levels or net zero by 2050. ery Single topic questions

Note: The UK has its own national climate programme. The

Climate Change Act 2008 established a legally
binding target for the UK to reduce its greenhouse gas NLInterpr
(GHG) emissions by 100% (or net zero) from 1990 levels by etableQu
2050. ery Single topic questions

The UK has set its own carbon emission targets under the
Climate Change Act 2008 to reduce greenhouse gas emissions
by 100% or net zero by 2050 and the Climate Change
Committee (CCC) reports to government on the UK's progress
in meeting its carbon budgets. The UK’s sixth Carbon Budget
will incorporate the UK’s share of international aviation and
shipping emissions for the first time; to bring the UK more NLInterpr
than three quarters of the way to net zero by 2050. See etableQu
Practice Note: and. ery Single topic questions
The Climate Change Act 2008; which established the world’s
first legally-binding national framework; required the UK to
reduce greenhouse gas (GHG) emissions by at least 80% from
1990 levels by 2050. The Climate Change Act 2008 (2050
Target Amendment) Order 2019; SI 2019/1056 came into
force on 27 June 2019 and amended the legally binding target
set in CCA 2008; s 1 to 100% or net zero. This means the UK NLInterpr
has a legally binding target to reduce its GHG emissions by at etableQu
least 100% from 1990 levels by 2050. ery Single topic questions

As the Commercial Court demonstrated in Tchenguiz v Grant

Thornton; over-lengthy pleadings are unacceptable and likely
to be struck out; with embarrassing consequences for those
concerned. In this case the Commercial Court considered the
claimants' particulars of claim; which ran to 96 pages. The
court held that; owing to the length and content of the
particulars; they would be struck out; the costs of drafting
them would be disallowed and fresh particulars would be
drawn up complying with Appendix 4 of the Eighth Edition of
the . The court stressed the importance of the making of
adverse costs orders in cases of flagrant non-compliance with
the recommendations of the guide. From a practical point; if
the court strikes out the pleadings; it is unlikely that they will
award the costs of drafting them. For our detailed
consideration of the decision in Tchenguiz; including practical NLInterpr
implications arising from it; see News Analysis: and Practice etableQu
Note:. ery Single topic questions

In Ontulmus v Collett; the Queen’s Bench Division (QBD)

struck out parts of the particulars of claim it considered
irrelevant and; therefore; contrary to the overriding
objective. In doing so; it found particulars of claim should only
contain information on which the claimant intends to rely.
Anything else would make it unclear to the defendant what
case it had to answer. This could involve the defendant
incurring unnecessary costs in pleading to any irrelevant NLInterpr
issues. For further detail on this case; including practical tips etableQu
arising from it; see News Analysis:. ery Single topic questions

Although in relation to some aspects of their case; the

claimant was permitted a further opportunity to remedy
inadequate pleading of their claim; this was in the form of an
unless order; such that the claim would be struck out unless
proper particulars were provided. Aspects of the claimant’s
case were also struck out for failure to provide reasonable NLInterpr
grounds under and; in one instance; having been found to be etableQu
an abuse of the court’s process pursuant to. ery Single topic questions
Where the conditions are satisfied; a traded company can
convene a general meeting on a minimum of 14 clear days’ NLInterpr
notice (but note that the articles may require a longer notice etableQu
period). ery Single topic questions

A general meeting of a private company; or an unlisted public

company; must be called by giving at least 14 days' notice. NLInterpr
Different rules apply to the calling of an annual general etableQu
meeting of a public company (see further: ). ery Single topic questions

Article 34.2 of Precedent: expressly permits the board to

convene a general meeting; other than an annual general
meeting; whenever; and at such times and places as it shall NLInterpr
determine. The Precedent includes drafting notes; discussing etableQu
the legal issues around such a provision. ery Single topic questions

The UK Corporate Governance Code (UKCG Code) sets out

standards of good practice in relation to leadership and NLInterpr
effectiveness of the board of directors; remuneration; etableQu Questions about rules or
accountability; transparency and relations with shareholders. ery statutes
Parties can enter into standstill agreements to agree to either
suspend the running of the limitation period; or extend the
limitation period to a specific date. In cases where the
limitation date is due to expire shortly; it may therefore be
appropriate to explore the possibility of entering into a NLInterpr
standstill agreement with the other parties. For further etableQu
details regarding standstill agreements; see Practice Note:. ery Single topic questions
It may also be considered an abuse of process to issue a
protective claim for limitation purposes when; at the time of
issue; there is no valid basis for the claim being made other
than to stop time running (Nomura International v Granada
Group). The claimants in Nomura International were not in a
position to particularise their proposed claim. In fact; as
noted in Bam Glory Mill Limited v Balicrest Limited; whether
indeed they wished to bring a claim was ‘wholly uncertain’
and dependent on whether a claim was being brought against
them. Nomura had instead sought to protect their limitation
position in light of the defendants having refused to enter
into a standstill agreement. Given the lack of any known basis
for their claim though (Nomura had simply stated that they
sought damages in contract and tort for loss suffered
as a result of its liability arising from information supplied by
the defendants); the court concluded that it was an abuse of
process and that the only proper sanction was striking out
because the claim should not have been brought when it was.
However; whether there is an abuse of the Nomura
International kind; as opposed to their having been a failure
to adequately plead a claim in compliance with the relevant NLInterpr
provisions of the CPR; will be highly context and fact-sensitive etableQu
(see the discussion below in the section ‘’). ery Single topic questions

Provided a limitation period has not already expired and the

standstill agreement is drafted appropriately; it can be
possible to extend the statutory limitation period. Standstill
agreements are more prevalent in areas such as: professional
indemnity litigation; personal injury claims and other practice
areas which focus on the tort of negligence. The reason for
this is that extensive and time consuming investigations are
required at the outset of these claims before a claim may be
progressed. in such claims focus on obtaining and sharing
information to avoid litigation; except as a last resort. In such
cases; the parties may wish to pause the limitation clock to
enable informed negotiation and investigation and to NLInterpr
dissuade one party from issuing prematurely or unnecessarily etableQu
to protect their position in terms of limitation. ery Single topic questions
The parties need sufficient time to conduct their own due
diligence; instruct advisors and explore all options. Standstills
typically last for one to three months; renewable at the
option of the majority creditors. In cases where renewability
is not worked in to the provisions of the original standstill; the
parties can extend the standstill by way of a normal
contractual amendment. Unless the standstill indicates
otherwise; all parties must agree to the extension.
Consideration must be present for the benefit of all parties
for the variation to be valid. Consideration can usually be
found in the mutual grant; assumption and/or release of
obligations; rights and liabilities. Where the extension favours
one party only (such as the debtor) it may be more difficult to
establish valid consideration. In practice the parties’ interests
will generally be aligned where a well thought through
restructuring proposal is in place and the proposed extension NLInterpr
allows for furtherance of the restructuring. If there is any etableQu
doubt the extension agreement could be executed as a deed. ery Single topic questions

A limitation standstill agreement should also be considered.

Standstill agreements may suspend the running of time for a NLInterpr
defined period or extend the period of limitation to a specific etableQu
date. For more information; see Practice Note:. ery Single topic questions

Where the terms of an order remain executory; the court

may set aside (or vary) the order if it is inequitable to hold a
party to the terms of the original order in the light of a
significant change of circumstance. This jurisdiction is in
addition to that provided by FPR 2010; SI 2010/2955; 9.9A.
Where an order remains executory as a result of one party
frustrating implementation; circumstances will likely justify NLInterpr
intervention. However; this jurisdiction should be approached etableQu
extremely cautiously and conservatively. ery Single topic questions

Where the parties have agreed to vary the terms of a

financial consent order; and the terms are capable of being NLInterpr
varied by an order of the court; then the revised terms may etableQu
be set out in a further order of the court. ery Single topic questions
Where the parties have agreed to vary the terms of a
financial consent order; and the terms are capable of being NLInterpr
varied by an order of the court; then the revised terms may etableQu
be set out in a further order of the court. ery Single topic questions

Where there is a possibility that a company's financial

position did not justify payment of a dividend when it was
made (eg because the company did not; in fact; have
sufficient distributable reserves to fund it); particular
consideration should be given as to whether the accounts
used to determine the lawfulness of that dividend were the
'relevant accounts' for the purpose of CA 2006 and; if so;
whether they were 'properly prepared' in accordance with its
provisions and referred to all the specific items prescribed by
it. There may also be other requirements relating to accounts NLInterpr
in CA 2006 that must be complied with (eg the need for an etableQu
auditor's report; in some circumstances). ery Single topic questions

There is no legislative definition of a ‘digital asset’ in the UK

and no legislation governing a PR’s access
to digital assets. Digital assets can be understood as any
information about the deceased; belonging to or created by
them that exists in digital form; either online or on an
electronic storage device; including the information necessary
to access the digital asset. It can also connote any form of
valuable right that exists in a dematerialised electronic form;
such as virtual currencies and other forms of electronic NLQuesti
tokens. on Single topic questions

There is no legislative definition of a ‘digital asset’ in the UK

and no legislation governing a personal representative or
fiduciary’s access to digital assets. Digital assets can be
understood as any information about you; belonging to you
or created by you that exists in digital form; either online or
on an electronic storage device; including the information
necessary to access the digital asset. It can also connote any
form of valuable right that exists in a dematerialised
electronic form; such as virtual currencies and other forms of NLQuesti
electronic tokens. on Single topic questions
In 2022; the European Commission published a proposal for a
Directive on Corporate Sustainability Due Diligence. The aim
of this Directive is twofold—to foster sustainable and
responsible corporate behaviour and to
anchor human rights and environmental considerations into
companies’ operations and corporate governance. It
introduces a corporate due diligence duty; requiring certain
companies to undertake due diligence checks of their supply NLInterpr
chain to identify actual and potential adverse impacts of their etableQu
activities on human rights and the environment. ery Single topic questions

In 2022; the European Commission published a proposal for a

Directive on Corporate Sustainability Due Diligence. The aim
of this Directive is twofold—to foster sustainable and
responsible corporate behaviour and to anchor human rights
and environmental considerations into companies’ operations
and corporate governance. It introduces a corporate due
diligence duty; requiring certain companies to undertake due
diligence checks of their supply chain to identify actual and
potential adverse impacts of their activities on human rights NLInterpr
and the environment. For more information; see: News etableQu
Analysis: and Practice Note:. ery Single topic questions

The House of Lords in Miller v Miller;; McFarlane v McFarlane

provided guidance on assets that will usually be considered to
be matrimonial property and those that may be non-
matrimonial property. The issue was addressed primarily by
Lord Nicholls and Baroness Hale; with some divergence in
their views. Key points made by Lord Nicholls were: •
matrimonial property constitutes assets acquired during the
marriage; including business and investment assets acquired
other than by inheritance or gift to either party; ie the
'marital acquest' • the matrimonial home; regardless of how
it was acquired; will always be matrimonial property •
matrimonial property will be subject to the principle of
sharing and the yardstick of equality will apply with some
force; and • where property is non-matrimonial; in a short
marriage fairness may dictate that the applicant would not be
entitled to a share of the non-matrimonial property or there
should be a departure from equality;; by contrast; in a long
marriage the non-matrimonial property may become merged NLQuesti
with the matrimonial property on Single topic questions
An argument may be made that inherited property is non-
matrimonial; but such assets will not be excluded from the
court’s view entirely; ie they will not be 'quarantined'. The
assets may be looked on as an unmatched contribution by the
beneficiary of the inheritance. The court will then decide
whether the inheritance should be shared and in what NLQuesti
proportions. on Single topic questions

The EU Network and Information Systems Directive (the EU

NIS Directive); Directive (EU) 2016/1148 (also known as the
Cybersecurity Directive or Network and Information Security
Directive) was adopted by the European Parliament on 6 July
2016. Member States had until 9 May 2018 to transpose the
directive into their national laws. The Network and
Information Systems Regulations 2018 (NIS Regulations); SI NLInterpr
2018/506; implements the NIS Directive in the UK; effective etableQu
10 May 2018. ery Single topic questions

The NIS Directive was a product of the EU’s to create an

open; safe and secure cyberspace and it represented the first
EU-wide rules on cybersecurity. The primary aim of the NIS
Directive was to protect core infrastructure and services by
providing legal measures to ensure a high and consistent
standard of security for network and information systems
across the EU. The NIS Directive includes provisions to: •
ensure that EU Member States have a national framework in
place so that they are equipped to manage cybersecurity
incidents and oversee the application of the NIS Directive •
set up a Co-operation Group among EU Member States to
support and facilitate strategic co-operation and the
exchange of information. The EU Member States also need to
participate in a Computer Security Incident Response Team
(CSIRT) Network to promote swift and effective operational
co-operation on specific network and information system
security incidents as well as sharing information about risks •
ensure that organisations within vital sectors which rely
heavily on information networks (for example: utilities;
healthcare; banking; financial market infrastructure;
transport; and digital infrastructure sectors) are identified by
each EU Member State as OESs. OESs must take appropriate
and proportionate security measures to manage risks to their
network and information systems. They are also required to
notify incidents to the relevant authority. In addition; key NLInterpr
RDSPs also have to comply with certain security and incident etableQu
notification requirements ery Single topic questions
The rising threat of cyber attacks across Europe led to the
implementation of the EU’s NIS Directive (also known as the
Cybersecurity Directive or Network and Information Security
Directive); which entered into force in the EU (which at that
time included the UK) on 8 August 2016; see Practice Note: . NLInterpr
In the UK; equivalent laws are retained in the NIS Regulations; etableQu
see Practice Note: . For more information; see below. ery Single topic questions

The NIS Directive (also known as the Cybersecurity Directive

or Network and Information Security Directive) was adopted
by the European Parliament on 6 July 2016. EU Member NLInterpr
States (which at the time included the UK) had until 9 May etableQu
2018 to transpose the directive into their national laws. ery Single topic questions

The EU NIS Directive is a product of the EU’s Cybersecurity

Strategy to create an open; safe and secure cyberspace and it
represents the first EU-wide rules on cybersecurity. Its
primary aim is to protect core infrastructure and services by
providing legal measures to ensure a high and consistent
standard of security for network and information systems. In
spite of the departure of the UK from the EU; NIS Regulations
remain in force as domestic UK legislation; albeit with some NLInterpr
modifications necessary to enable them to function correctly etableQu
with the UK as a third country. See Practice Note:. ery Single topic questions

One of the key roles of a solicitor is to provide advice to their

client. Negligence claims commonly feature an allegation that
the solicitor gave incorrect advice (eg on limitation dates) or
failed to give advice at all. The key to dealing with allegations
of this type is ensuring the matter file properly records the
advice provided to the client—attendance notes are often key
documents in establishing what advice was given. See NLInterpr
Winston Cooper v Smith Llewellyn Partnership [1999] PNLR etableQu
576 (not reported by LexisNexis®). ery Single topic questions

On the basis that the client alleges negligence on the part of

the solicitors then the client may seek to bring a claim for
damages for professional negligence against them (or NLInterpr
respond to any claim by the solicitors for payment under the etableQu
DBA with a counterclaim in professional negligence). ery Single topic questions
Professional negligence claims against solicitors have become NLInterpr
more common in recent years. This is due to a combination of etableQu
factors; such as: ery Single topic questions

Solicitors in any field of practice are under a duty to exercise

reasonable care and skill when acting for clients. In wills and
probate practice; that duty also extends to the beneficiaries NLInterpr
of a testator. A breach of that duty; which causes loss to the etableQu
client; could result in a professional negligence claim. ery Single topic questions

NLInterpr
For details on how a claim in the Chancery Division should be etableQu
titled; see Practice Note: and and. ery Single topic questions

Under section 215 of the Housing Act 2004 (HA 2004) a

landlord cannot recover possession of its property by serving
notice under section 21 of the Housing Act 1988 (HA 1988)
(section 21 notice): • if the deposit is not held in an
authorised tenancy deposit scheme (TDS) • if the initial NLInterpr
requirements have not been complied with • unless and until etableQu
the prescribed information has been given ery Single topic questions

Under section 215 of the Housing Act 2004 a landlord cannot

recover possession of its property by serving notice under
section 21 of the Housing Act 1988: • if the deposit is not held
in an authorised TDS • if the initial requirements have not NLInterpr
been complied with; and • unless and until the prescribed etableQu
information has been given ery Single topic questions
Under the Housing Act 2004; s 215 a landlord cannot recover
possession of its property by serving a section 21 notice: • if
the deposit is not held in an authorised TDS • if the initial NLInterpr
requirements have not been complied with • unless and until etableQu
the prescribed information has been given ery Single topic questions

Agricultural land continues to be sold to developers (and

others) who harbour short or long term hopes of securing
planning permission for residential or commercial
development of it. There is; of course; a huge difference in
the value of the land with and without such permission. In
those circumstances; if acting for the seller you should always
consider whether the sale contract should contain some form
of overage (sometimes also known as ‘clawback') mechanism
so that the seller or their successors in title can share in the NLInterpr
increased value of the agricultural land as and when planning etableQu
permission is obtained. ery Single topic questions

Where a decision to sell has been made; the following are

essential: • a professional valuation of the property should be
obtained • advice should be obtained on the effect of the sale
upon the value of the retained land and other estate property
• a solicitor experienced in the conveyancing of agricultural
land should be instructed to deal with legal matters •
generally; the property should be put on the open market;
unless advice is received to the contrary • consideration
should be given to reserving various rights to the property
where those rights may hold value in the future (such as the
retention of mineral or sporting rights) • reservation of any
access rights required for the benefit of retained land • a
review of the basic payment scheme entitlement and any
other agricultural payments and agri-environment schemes
attaching to the land • consideration of any management NLInterpr
agreements on the land that a purchaser will be required to etableQu
take over ery Single topic questions

Note that a sale of agricultural land may also qualify as a

transfer of a going concern if it is the transfer of the farm NLInterpr
business; in which case the sale will be outside the scope of etableQu
VAT altogether. See our Practice Note ery Single topic questions
There are also a number of ways in which a patent may fall at
the application stage or after it is granted; due to how it is
written. For example; if the description of the invention is not
good enough to enable someone in the relevant field of
technology to carry it out; the patent will be invalid. It will
also be invalid if the claims try to cover the invention in a way
which is too broad so that it does not correspond to the NLInterpr
information which was in the description when the etableQu
application was filed. ery Single topic questions

There are plans for a single (unitary) patent and a unified

European Patents Court (UPC) in which to litigate these
unitary patents. The UK was actively involved in the
development of this system; but has since withdrawn from NLInterpr
the unitary patent project. For more information about the etableQu
unitary patent and the UPC; see Practice Note:. ery Single topic questions

A draft statutory instrument making changes to the Patents

Act 1977 (PA 1977) in order to allow patent holders and those
involved in patent litigation in the UK to make effective use of
the Unitary Patent Court Agreement (UPC Agreement) and
the EU Unitary Patent Regulation has been published for
consultation by the Intellectual Patent Office. The
government is seeking views on the drafting; structure and
effect of the draft statutory instrument and on the possible NLInterpr
impacts of the changes to the PA 1977. Those wishing to etableQu
respond should do so by 2 September 2014. ery Single topic questions

However; the new Unitary Patents Court legislation does

include provisions exempting the use of biological material NLInterpr
for the purpose of breeding; discovering and developing etableQu
other plant varieties. ery Single topic questions

EU legislation also contains licensing provisions: • EU trade

marks—see Regulation (EU) 2017/1001 • registered
Community designs and unregistered Community designs—
see Regulation (EC) 6/2002 • unitary patents—see the
Agreement on a Unified Patent Court (UPCA) (not yet in
force). Note that the unitary patent system and Unified
Patent Court (UPC) are not yet in force; but this Practice Note
sets out aspects that are relevant for licensors and licensees
to consider at this stage. For more information on the unitary
patent and the UPC; see Practice Notes: Unitary patents and
the Unified Patent Court—historical background and NLInterpr
development and Unified Patent Court— etableQu
procedureAgreement on a Unified Patent Court (UPCA) ery Single topic questions
The EU ETS Directive establishes a legal framework for which
aims to promote reductions of greenhouse gas (GHG)
emissions in a cost-effective and economically efficient NLQuesti
manner. on Single topic questions
rating answer_subset query_classification comments

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SME_category SME_category_comments SME_rati SME_rating_comments
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