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Ireland—Surrender of lease—acting for the landlord—checklist This Checklist sets out some of the key steps and issues that the landlord should consider when contemplating taking a surrender of a lease from its tenant. It is not exhaustive and you must always consider whether there are any other issues that need to be addressed in your particular circumstances. The Checklist assumes that: • the surrender is express and not by operation of law, and • there will be no re-grant in favour of the tenant immediately following the surrender This checklist can be read in conjunction with: Ireland—Surrender of lease—acting for the tenant—checklist. How to use this Checklist While the mechanics of a surrender of a lease are similar to a sale and purchase (because the tenant is selling and the landlord is buying), there are some differences. The first section (Key considerations) in this Checklist sets out key issues to consider with further detail in the table in Procedure when dealing with the surrender of a lease below. The table...
Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...
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Evaluating a restriction of data processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to restriction of processing of personal data. Data subjects can make a request to an organisation to exercise their right to restriction of processing of their personal data in certain circumstances. It is not, however, an absolute right. There are strict time limits for complying with requests made. See Practice Notes: • Rights of data subjects • How to handle data subject requests This Flowchart maps out a process for evaluating restriction of processing requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office. It should be read in conjunction with Practice Note:...
Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right of data subjects. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Rights of data subjects • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...
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Joint operating agreement—key clauses The joint operating agreement (JOA) has a number of key commercial provisions. Scope The scope of the JOA is, generally speaking, to 'establish the respective rights and obligations of the parties with regard to operations and activities under the JOA including the joint exploration, appraisal, development, production and disposition of petroleum products from and decommissioning of the area of joint operations. The scope of the JOA will be determined through a list of identified activities which will constitute the joint operations and a list of activities which are specifically removed from the definition of joint operations, as ‘excluded activities’. Joint operations might be described as those activities necessary to exercise the rights and perform the obligations which result from the concession. Alternatively, the JOA could apply a more technical definition of what constitutes joint operations, derived by reference to the distinct operational elements of a typical petroleum project (exploration, appraisal, pre-development, development, production, disposal and decommissioning). Over the lifetime of a concession these various...
Sewage disposal—discharges from sewers and drains Right to discharge A sewerage undertaker does not have statutory power under the Water Industry Act 1991 (WIA 1991) to discharge water or other matter from its drainage pipes onto the land or into the waters of others. Accordingly, any discharge now made by a sewerage undertaker without the permission of a relevant land owner constitutes a trespass. However, when sewerage services were operated by public bodies, those bodies did have an implied right to discharge by virtue of the Public Health Act 1875 and Public Health Act 1936. Thus discharges made before 1st December 1991—the date the relevant provisions in the Water Industry Act 1991 (WIA 1991) came into force—remain lawful. For more information, see News Analysis:What facts define the cause of action in trespass? (Manchester Ship Canal Company Ltd v United Utilities Water Ltd). The right to continue to make a pre-existing discharge is limited by section WIA 1991, ss 117(5) & (6), which prohibits discharges that cause pollution...
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Deed of variation of partnership agreement This deed of variation is made on [insert day and month] 20[insert year]. Between each of the persons whose names are listed in the Schedule (each of them being a Partner and together the Partners). Recitals: (A) On [insert date] the Partners entered into the Partnership Agreement. (B) The Partners have agreed to amend the Partnership Agreement in accordance with clause [insert clause number] of the Partnership Agreement and this deed. The parties agree: 1 Definitions and interpretation 1.1 The definitions and rules of interpretation in the Partnership Agreement shall apply in this deed except where expressly stated to the contrary. 1.2 In this deed, unless the context otherwise requires: [Partner Majority • means the requisite number or proportion of the Partners who may resolve to amend or vary the Partnership Agreement in accordance with clause [insert clause number] thereof; and Partnership Agreement • means the partnership agreement, details of which are set out in Schedule 2....
Letter of instruction to single joint expert—employment tribunal proceedings Private & confidential [Insert name and address of expert] [Insert date] Dear [insert name of expert] [Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345] Instruction to act as single joint expert Thank you for agreeing to act as the expert witness in this matter. As you know you will be acting as a single joint expert. We act for [insert name of client] who is [bringing OR defending OR an employment tribunal claim against [insert name of opposing party/parties]. This letter has been countersigned by the solicitors acting on behalf of [insert name of opposing party/parties] to confirm their agreement to the terms of this letter. The aim of this letter is to provide you with the relevant factual background, key documents and to identify the issues you will need to consider. As an expert witness you will be aware of the need for you to comply with certain duties and ensure...
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Are there any restrictions on terminating an open ended consumer credit agreement that does not contain any express right of termination? Terminating open ended consumer credit agreements Unfortunately there is no definitive answer as there does not appear to be any specific wording within the Consumer Credit Directive (CCD) or Consumer Credit Act 1974 (CCA 1974) which specifically deals with open-ended credit agreements (of unspecified duration) that do not contain express termination clauses. However, depending on the reason for seeking a termination (eg non-default or breach), the CCA 1974, s 98(6), excludes termination by reason of any breach by the debtor of the agreement.
Where a commercial tenant company dissolves on the basis of a non-insolvent voluntary liquidation leaving ongoing liabilities under LTA 1954 lease, what are the landlord’s remedies in respect of the continuing obligations ie rent and dilapidations, including any preemptive steps? Members voluntary liquidation It has been assumed this Q&A refers to a members voluntary winding up which can only take place where the company is solvent and the creditors will be paid in full. A voluntary winding up must be commenced by a special resolution of the company under section 84 of the Insolvency Act 1986 (IA 1986). For more information in respect of members voluntary liquidation (MVL), see Practice Note: Quick guide to property insolvency and Members' voluntary liquidation (MVL)—overview and Practice Note: What is a members’ voluntary liquidation and when is it typically used? The landlord is able to prove for amounts due under the lease including for sums due in the future (discounted to reflect a debt payable in the future) and be...
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Family analysis: Alexandra Tribe, managing partner and Byron James, partner, at Expatriate Law consider recent changes to family law in the United Arab Emirates (UAE) that have transformed the legal landscape for both Muslim and non-Muslim residents and the implications for family lawyers.
Law360, London: Uber told the UK Supreme Court on 2 July 2025 that private hire vehicle (PHV) operators outside London needed to contract with passengers to provide a taxi service, in a case with wide implications for the agency model.
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