Wedding bells are ringing! New reforms to offer new options for couples tying the knot

After the difficulties that 2020 has served up to us it is always nice to remember the good times in life, the events that bring families and friends together to celebrate and enjoy each other’s company.

Weddings are up there with the biggest events in life and it appears that they are going to get a legal ‘shake-up’ as the Law Commission has launched a consultation on provisional proposals to reform the law governing how and where couples can get married. The consultation period will run until 3 December 2020 and as far as we can see there is plenty to be excited about.

What is being proposed (pardon the pun)?

The provisional proposals for reform are:

to allow weddings to take place outdoors, for example on beaches, in parks, in private gardens and on the grounds of current wedding venues – this will make it a lot easier for people to organise their venue of choice and is also likely to lead to lower costs due to an increase in options and availability

to allow weddings to take place in a wider variety of buildings (for example in private homes) and on cruise ships

to offer couples greater flexibility over the form their wedding ceremonies will take, enabling them, if they desire, to use a variety of ceremonies (religious and non-religious) to mark their weddings – this is a more modern take on marriage, and will likely be a point of contention for some people.

to simplify the process and remove unnecessary red tape to make it fair to couples, more efficient, and easier to follow, for example, couples will be able to complete the initial stage of giving notice of their intended wedding online or by post, rather than having to do so in person

to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings – this is more inclusive and will be of interest to many people who do not follow traditional religions

to ensure that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise at all, and

to provide a power to allow weddings to take place remotely during any future national emergency, such as another pandemic.

Stepping into the future

The main purpose of these proposals is to bring marriage into the 21^st century. It is a wonderful tradition, but one that has been behind the times for a while now. There are too many restrictions and rules that simply do not match up with the modern world.

For example, currently couples have to decide if they want their ceremony to be civil or religious – with no alternative merger option. The majority of wedding ceremonies must occur in a place of worship or secular venue which really limits the options. Limited options lead to higher cost as the places are in such high demand.

What is more, if the couple refuse to observe such rules their marriage may be meaningless in the in the eyes of the law. For an occasion that is supposed to be so happy and positive, there sure are a lot of stuffy rules and regulations in place, stopping people from having the freedom to plan their special day exactly how they want it.

These reforms will look to give couples greater space to manoeuvre when planning their ceremony, and will not punish them for forgoing traditional systems.

Essentially, the welcoming following principles is the aim of the changes:

Fairness and equality

Certainty and Simplicity

Protecting the state’s interest

Respecting individuals’ wishes and beliefs

Removing any unnecessary regulation, so as to increase the choice and lower the cost of wedding venues for couples.

What do we think?

We believe that these potential changes, which are yet to be agreed and finalised, would be good for marriage in general. It allows people to be united together via a ceremony that they are happy with, and is less confined to the past and more in tune with the future. Of course, there are still many people who will enjoy the traditional route of being married in a more traditional way, which is wonderful. The important thing is that there are options available for everyone, and that the law is able to cater to all types of marriage, as each one is as valid as the next if the couple are genuine.

Have questions? We are here for you!

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Want to know what information the Home Office holds about you and how to obtain it?

We all know the feeling of having given something we own to a friend or family member and they take forever to give it back to us. It can be frustrating, and it can often leave us hesitant to loan anything to them again. Well, this same feeling is present when the Home Office are delayed in providing people with their personal information, or ‘profiles’, after a request is made for it.

So, how can we request to have this information returned to us and how can we complain if it takes an unreasonable time to arrive?

What is a Subject Access Request?

Requesting personal information about you that is stored on Home Office records is known as making a Subject Access Request. Requesting the information is free for the person making the request, but the process itself is paid by the tax-payer, which has led the Home Office suggesting that the requester shall take extra care when making the request and ask for what you really need, as what a buffet owner will tell their customers: only take what you can eat.

At the moment, due to COVID-19, the Home Office are not able to provide paper records, but promise to make an announcement when these are available again. We will be sure to notify our readers when this occurs.

What information might a Home Office immigration record contain?

A typical Subject Access Request may provide an individual with access to the following information:

an electronic summary of your immigration history

landing cards

visa applications you submitted from outside of the UK (as part of entry clearance)

Workers Registration Scheme (WRS) information if you are a national of Czechia, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia

Entry and exit into and out of the UK. Your travel history can be provided for the past 5 years if a passport or travel document is submitted for this period.

Getting a bit more specific:

You can get a bit more detailed in your request, but be sure to make yourself crystal clear. The Home Office is capable of making mistakes, especially if the person requesting something from them is in any way vague.

You can request copies of up to 5 single documents, for example:

a list of your applications

a particular decision letter

the outcome of an appeal (appeal determination)

a particular detention progress report

a deportation order

a particular interview record

work permits

Why is this information useful?

A Subject Access Request might be made so that a person can clearly see their immigration history, for example when their visa was granted, which can be helpful if they choose to go and submit a longer Indefinite Leave to Remain application, where certain dates are vital to get correct.

Another reason could be that the person is uncertain of their current immigration status and the options available to them going forward, so they want to use the information to see where they stand.

Further, the Home Office’s file may contain caseworker’s notes, minutes, their internal instructions and other records, which can provide valuable information beyond the decisions they make about a person’s applications or removal. Such information will assist the person in his/her challenge against the Home Office’s decisions, either by way of judicial review or appeal.

Of course, you do not need a specific reason to request this information, it can be for the sake of peace of mind.

How can you make a Subject Access Request?

In order for the Home Office to identify you, and fulfil your requests, you will need to provide the following:

a copy of your photo identification, such as a passport

a letter to give permission for your records to be sent to you, or your representative. This letter must also contain your signature and the sending date

proof of your relationship, if you are applying for a child under 12 (such as a birth certificate)

The photo evidence is particularly important here, as the Home Office match your photograph against their systems to ensure they send personal information to the right person. It is a good way to keep the information safe. So, be sure to send good quality and clear photocopies of your photo I.D, and if that is not available you must send a recent picture of yourself. No original copies are required.

You should have this evidence ready before you start your application.

You can being your Subject Access Request online via this link.

You can also email subjectaccessrequest@homeoffice.gov.uk if you:

have a query about making a subject access request

have a query about a subject access request you have received

How long does it take?

You should hear back from the Home Office about your request within 30 days.

Making a complaint if the information is delayed

Nobody likes to wait around for something to arrive, especially when it is something important, such as personal data.

There are some email addresses you can message to complain about the processing of your data. You can try customer services on subjectaccessreqeust@homeoffice.gov.uk for your initial complaint.

Complaining directly to The Office of the Data Protection Officer (ODPO) is also an option, as they handle breaches in subject rights involving data. You can reach them on dpo@homeoffice.gov.uk and be sure to provide the following:

your reference number

the date the original request was made

information on how you made the request, for example online or by post

You should not be scared or intimidated out of making a complaint, these avenues are in place for a reason and you have every right to use them. It is your data after all, and you are entitled to it.

Have questions? We are here for you!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

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September Brings Wave of HUGE Property Law Changes

Some really interesting and important changes to property law are being introduced from September 2020, with a focus on both environmentalism and industrialism being demonstrated. Chancellor Rishi Sunak is bringing in extra funding to promote greener UK homes, while applications for property extensions and rebuilds are also becoming more streamlined in a bid to revitalise town centres, residential areas and high streets.

Home Extensions on the rise – literally!

Upward extensions are getting the greenlight as the government is introducing several new development rights which will allow extra storeys to be added to both residential and commercial properties.

These types of developments will be known as Class AA (enlargement of a dwelling-house by construction of additional storeys), and the purpose of the renovations will be to create more space as families grow, where more people want to live in the same place, or to welcome in older relatives into the home. Building upwards on the same property makes sense as it takes up less space, does not require more land and simply builds on what is already there. The sky is the limit, so to speak!

Class AA developments will allow the following:

Upwards extensions of a maximum of two additional storeys on the uppermost storey of a detached house, where the existing house consists of two storeys or more above ground level; or

A single additional storey above ground level on a detached house which is originally one storey.

In a terrace of two or more houses (which includes semi-detached houses) the construction of up to 2 additional storeys on the uppermost storey of a house of 2 storeys or more is allowed, or

1 additional storey on a house of 1 storey above ground level.

Please note that this legislation is only relevant to houses built after 1 July 1948 and before 28 October 2018. There shall be no conversions of listed buildings or land in their curtilage; scheduled monuments; or buildings within conservation areas. If in doubt, always check.

Class AA will also cover buildings that function as both residential and commercial properties, such as shops, restaurants and cafes, launderettes or offices which also have a housing aspect to them.

Other classes:

There are some other class types to help differentiate between developments. For example, Class AB permits the building of new flats on top of terraced buildings which have similar function to that listed in Class AA (commercial or mixed use).

Class AC is for the development of new residential properties on top of terraced properties that are only themselves used for residential purposes (no commercial use). These new developments can be two storeys high if the original property was at least two storeys already and one storey if the building was originally one storey above ground.

Class AD is the same as Class AC, but refers to detached buildings instead of terraced.

What do we think about this?

It is a positive move and will give small business owners and families the breathing space needed to adapt and evolve as time goes by, adding to their property in a way that does not require more land to be used up. The more housing available, the better. The removal of full planning applications will make the process smoother and quicker to get underway, which makes us think the government is keen to crack on with developments and breathe some new life into areas that may benefit from it.

It is worth remembering that there are still hurdles to overcome when planning such developments, and certain checks that need to be made and officiated by the local planning authority. Such things like flooding checks, contamination risks, transport and highway impacts, effects on neighbouring buildings such as privacy and loss of light amongst other requirements.

There could also be a telecoms company who has rights to the airspace above the building, or issues with ventilation or storage that need to be looked into. Each case must be treated on its own merits, there is no cookie-cutter process in place. Despite the process being streamlined in a big way, there are still a lot of necessary requirements that need to be met.

Our property team is here to offer expert advice and guidance on these issues, always feel free to give us a call on 020 7928 0276 if you have any questions about expanding on your property.

Sunak goes for green!

Homeowners will be eligible to receive thousands of pounds worth of financial incentives and vouchers to insulate their homes, as part of a £2bn scheme to make the UK more energy efficient. The scheme is being called the Green Homes Grant, which has a nice ring to it.

Not only looking at residential housing, the scheme will also include a £1 billion fund to equip schools, hospitals and other public buildings to be more energy efficient.

The scheme will launch this month (September 2020), with online applications for recommended energy efficiency plans, along with details of accredited local suppliers.

How does it work?

The Treasury has said that under the Green Homes Grant, the government will pay at least two-thirds of the cost of home improvements that save energy. So, let’s say a homeowner of a semi-detached or end-of-terrace house installs cavity wall and floor insulation for £4,000 – the homeowner would pay £1,320 while the government would contribute £2,680.

There will be different recommendations and vouchers issued depending on the type of property being insulated. The grant will aim to cover at least two thirds of the cost of improvement, up to £5,000 per household, but in some cases low income households may be able to get the entire cost covered, which could equate to £10,000 worth of work and materials.

The type of improvements made can be varied, from double or triple glazing, insulation and draught proofing, to energy efficient heating controls. There are a lot of possibilities.

Assessment

According to the government’s guidance on this, applicants will need to pass an assessment phase before benefitting from this scheme. You can contact a Green Deal assessor or ask a Green Deal provider to find an assessor for you.

You may have to pay for an assessment. The assessor must tell you the fee in advance.

When you book the assessment

You may be asked if:

you own or rent the property

your home is a listed building, in a conservation area, built before 1900 or constructed in a non-traditional way

there are access issues, such as access to your loft

you can provide bills showing your recent energy use

When the assessor visits

You may be asked:

how many people live in your home

what type of heating and appliances you use

how often you use your heating

what energy-saving measures are already installed

After the visit

You will get a document, called a Green Deal advice report, that contains:

an Energy Performance Certificate (EPC) that rates your home for energy efficiency

an occupancy assessment that measures how much energy you and other occupiers are using

improvements your assessor recommends

an estimate of the money you could save on your annual energy bills

a statement on whether the improvements will pay for themselves through reduced energy costs

A Green Deal advice report is valid for 10 years, or until you make changes or energy saving improvements to the property, for example you build an extension or change the windows.

The actual savings will depend on how much energy you use and the future cost of energy.

After the assessment it will be down to you to decide if you want to go ahead with getting the energy saving work done.

Have question? We are here for you!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

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A Rightful Owner Or A Trustee For All?

Written by Stephanie Chiu.

A trust is not a novel concept to many. It is a way of managing a person’s assets. A person (a settlor) places his/her assets into a trust, appointing someone (trustee which can be the person him/herself) to manage the assets for the interest of someone else or even the person him/herself （beneficiary）.

Due to the potential high value involved, when dealing with land/properties, the law normally requests that a trust shall be in writing. Section 53 (1) (b) of the Law of Property Act 1925 states “A declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will.”

However, if a trust fails to meet the above requirements, what will happen? A recent case Archibald and another v Alexander [2020] EWHC 1621 (Ch) arose in just such a context.

Background

This case was about a family. The property was purchased in the name of the mother with one of the siblings (the defendant). After the mother has passed away, the defendant’s siblings (the claimants) had each claimed a beneficial interest in the property on the basis that the property owned by the defendant was held on trust for the other siblings with the absence of a written trust and registering under the title deeds.

Following the Country Court judgement, it was held that before the purchase of the property in 1997, there was a face to face oral agreement between the mother and the three siblings in 1996 that the property would be purchased in the name of the mother with the defendant as joint tenants, to be held for the mother for life and her three children equally after her death. Based on the agreement made earlier, the judge had decided that the defendant as the surviving legal owner, held the property on constructive trust for herself and her siblings. The defendant appealed the decision.

Issues and decision

The appeal was remotely held via Skype by Justice Fancourt according to the current guidance. The judge dismissed the appeal agreeing that there was a constructive trust. The judge, on the evidence before him concluded that the claimants had relied on the 1996 agreement not seeking to have themselves in the title of the property. The judge also found that it was not necessary for the claimants to have acted to their detriment to prove the existence of such a trust. If a property is transferred to a person only on the basis of their agreement to hold it on trust for someone else, equity will not allow the transferee to rely on the absence of a formal deed of trust and keep the property for herself, a principle established in Rochefoucauld v Boustead [1898] 1 Ch 550.

The decision shows the Courts are willing to uphold informal family arrangements when it would be inequitable for a landowner to deny a claimant an interest in land.

Implication

The judgement clearly makes sense. By its natural meaning, trust is confidence a person holds in another person, which makes the person reliable. Natural justice requests that such person (trustee) shall not abuse his/her position by making personal gains from such trust.

Having said the above, evidence has shown that it is not always easy to prove the existence of such trust. Even it is achievable, it always comes with a price.

We have to say that the claimants in this case have been lucky to be able to prove what they had said. In many other cases, people have failed to do so.

It is clearly advisable to put trust into some form of writing, even when it is between family members.

Still have further queries on this topic or want to know more about trust? Please do contact Lisa’s litigation team.

Have questions? We are here for you!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

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A Clearance Of The Past? – How Can You Benefit From the EU Settlement Scheme?

A quick refresher

As many will know, the EU Settlement Scheme has been set up in response to Brexit to allow EU, non-EU EEA and Swiss citizens and their eligible family members living in the UK before the end of the Brexit transition period the opportunity to protect their residence in the UK after this period has ended. The deadline to get on to the EU Settlement Scheme is 30 June 2021 – this will come round sooner than you think so best get applying NOW if you need to.

The EU Settlement Scheme was launched fully at 7.00am on 30 March 2019. It was extended to applications outside the UK on 9 April 2019.

On 24^th August 2020, the Home Office further updated its guidance to caseworkers to family members of a relevant person of Northern Ireland as defined in Annex 1 to Appendix EU to apply for status under the Scheme.

Family first

Family is an important factor in the EU Settlement Scheme, and for some their family will define whether or not they are eligible for the scheme at all. If you were not EEA or Switzerland national yourself, you will need to rely on a certain family relationship with such national to qualify.

The Home Office allows for such family members to apply on the basis of a qualifying relative:

spouse

civil partner

durable partner (unmarried partner whose relationship is akin to marriage or civil partnership, and the applicant holds a relevant document in this capacity)

child under 21 of the EEA citizen or of the spouse or civil partner

dependent child over 21 of the EEA citizen or of the spouse or civil partner

dependent parent of the EEA citizen or of the spouse or civil partner

dependent relative of the EEA citizen or, in some cases, of the spouse or civil partner (and the applicant holds a relevant document in this capacity.)

A more relaxed approach?

Compared to the Home Office’s previous guidance on EEA law applications and the Immigration ( European Economic Area) Regulation 2016, it is our view that the current Home Office guidance contains more generous provisions. It shows that the Home Office is taking a more relaxing approach towards applications under the Scheme. Are they eager to get rid of the legacy of the Brexit?

The areas where the Home Office has made concessions can at least be summarised as follows:

Dependency of parents on adult EEA nationals is assumed, which means if the Home Office does not believe that the parents depend on the qualifying EEA national, they need to provide evidence to counter prove it. Previously, the parents will have to provide evidence to prove dependency.

If dependency is accepted in previous applications or proved in current application, the applicant is not requested to prove it again in current application or applications in the future. In another case, if a person has been granted pre-settled status depending on a relationship with an EEA national, they will be granted settlement regardless of what may happen to the relationship. A person with pre-settled status is almost certain to get settled status, unless he/she is removed from the UK on public policy or public security ground.

EEA nationals who have ceased activity due to retirement, permanent incapacity or having retained a place of residence can apply for settlement, even when they have not accumulated a 5 years’ continuous qualifying residence. Previously, they would have to have 5 years continuous residence.

Family members of EEA nationals who have ceased activity due to death, retirement, permanent incapacity or having retained a place of residence can apply for settlement, even when they have not accumulated a 5 years’ continuous qualifying residence. Previously, they also needed 5 years’ continuous qualifying residence.

EEA nationals or their family members who prove to be victims of domestic abuse in a family relationship with an EEA national can apply for settlement, even if they do not have 5 years’ continuous qualifying residence.

Children under 21 of EEA nationals or their spouses can apply for settlement once their parents have been granted settlement, even if they do not have 5 years’ continuous residence.

Family members of EEA nationals or their family members can apply for settlement if they have retained right of residence even if they have not accumulated 5 years’ continuous residence in the UK. This could include:
- A child of a relevant EEA national (or qualifying British nationals) who has died or ceased to reside in the UK;
- A parent with the custody of the above; and
- A spouse whose marriage with an EEA national has been terminated, but not before it has lasted for no less than 3 years and the parties have resided in the UK for no less than one year.

Applicants with a derivative right in a Zambrano case can apply for settlement after having accumulated 5 years’ continuous qualifying residence. This normally happens where the applicant lives in the UK to look after a British national minor. Previously, such right does not leave to settlement, no matter how long the applicant has lived in the UK.

Applicants with a derivate right in a Chen or Ibrahim/Teixeira case can apply for settlement after having accumulated 5 years’ continuous qualifying residence. This happens where the applicant lives in the UK to look after a non-British EEA minor or has the custody of the minor who depends on the applicant to continue to live in the UK. Previously, such right does not leave to settlement as well, no matter how long the applicant has lived in the UK.

In addition, the guidance also states that the principle of evidential flexibility shall apply in dealing with applications under the scheme. It states that the caseworkers shall take flexible approach and provide at least three opportunities for applicants to provide further evidence if needed.

Preparing the right documentation

It is important that applicants prepare the correct documentation when applying. This includes:

an identity document – your passport, national identity card, biometric residence card or permit

a digital photo – you can take a selfie during the application

your National Insurance number or proof of how long you have lived in the UK

a mobile phone number

an email address

proof of your relationship if you are applying for a child or another family member

evidence the relevant EEA national is exercising his/her EEA treaty rights

If the applicant’s child is an EU, EEA or Swiss citizen, a birth or adoption certificate will be needed to prove their relationship.

If the child is from outside the EU, EEA or Switzerland, their biometric residence card is to be used to prove their identity.

What do we think?

Brexit and the consequences of it is a huge event for the UK, and people who are not originally from the UK and their family members will clearly be the most worried about it. We see this scheme as an essential gateway for people to remain and enter the UK. It can be difficult for people to fully comprehend where they and their family members stand.

While it is a potentially stressful time, the Home Office have allowed for some generous provisions in some cases and we feel that the scheme does provide some reasonable concessions for those who have come to the UK and made it their home.

Have questions? We are here for you!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

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lisaslaw@web

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Protecting Your Trade Secrets – What We Suggest: A Perception of Celgard LLC v Shenzhen Senior Technology Material

Written by Rosa Huang.

Recently an interim relief is granted by High Court of Justice of UK in a case enforcing the Trade Secrets (Enforcement, etc) Regulations 2018 (“the Trade Secrets Regulations”), Celgard LLC v Shenzhen Senior Technology Material.

What we know about the case

The dispute is between Celgard LLC (“Celgard”), a US company, and Shenzhen Senior Technology Material Co Ltd (“Shenzhen Senior”), a Chinese company, over lithium-ion battery components.

Dr Zhang is a former employee of Celgard. As alleged by Celgard, during Dr Zhang’s employment at Celgard, Dr Zhang had access to valuable trade secrets in regards to the design and manufacture of Celgard’s dry battery separator material, which he disclosed to Shenzhen Senior during his employment thereby enabling production of an infringing competing product by Shenzhen Senior.

Celgard had been in the process of winning a contract with a UK customer, but this contract was won by Shenzhen Senior by undercutting Celgard on price; Shenzhen Senior subsequently delivered the allegedly infringing products to the UK customer after the initial hearing (though before the order of interim relief was made).

The court was convinced that there was a good arguable case under the Trade Secrets Regulations for upholding the interim injunction and therefore granted the injunction against Shenzhen Senior.

What is “Trade Secrets” and how it is protected in the UK

Historically, trade secrets may be protected either through a breach of contract action (breach of obligation of confidentiality), where a non-disclosure agreement exists or can be implied, or a common law action for breach of confidence. The latter is based on the common law principle that, for information received in confidence, a person cannot take unfair advantage of that information or prejudice the person giving the information.

In 2016, the EU adopted Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, which was implemented in the UK via the Trade Secrets Regulations, bringing the protection of trade secrets onto the UK statute book for the first time.

It has been widely believed that the Trade Secrets Regulations is unlikely to have a significant impact in the UK due to the existing UK common law on confidentiality and it is just a codification of English law principles, however, the case of Celgard v Shenzhen Senior Technology Material is changing such position.

This is because in the Celgard LLC v Shenzhen Senior Technology Material, there was not a clear claim under law of confidence (the non-disclosure agreement to which the former employee was subject was governed by US law and the acts complained of appeared to all have taken place outside the UK), but the Trade Secrets Regulations’ recitals provide clear direction in such cases. By seeking interim relief as provided by the Trade Secrets Regulations, trade secrets were effectively protected. The Trade Secrets Regulations therefore seems to provide a potentially easier and more effective route of relief compared to an English claim of breach of confidence.

Let’s see what is “trade secrets” as defined by the Trade Secrets Regulations:

“trade secret” means information which:

(a) is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question,

(b) has commercial value because it is secret; and

(c) has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.’

Briefly, in order for information to be protected by the Trade Secrets Regulations, three requirements shall all be fulfilled:

the information is secret, that is, the information should remain hidden from others especially persons within the circles that normally deal with this kind of information;

the information has commercial value because it is secret; and

the information has been subject to “reasonable steps” to keep it secret by the person lawfully in control of the information.

The first two requirements are self- explanatory; as to the third one, however, it suggests that if businesses wish to benefit from the available rights and remedies to protect their trade secrets, they must show that they have already taken reasonable steps to protect the secret. A simple labelling of information a trade secret is unlikely to be enough of itself.

What we suggest

Whilst the meaning of “reasonable steps” will be developed as the courts apply the Trade Secrets Regulations and some uncertainty exists as to how it will be interpreted, it is still clear that there are actions that businesses can take to protect their valuable trade secrets.

Here are some of our suggestions:

Ensure that confidentiality provisions are included in your contracts, such as employment contract, contract with supplier or with client; when collaborating with third parties, enter into Non-Disclosure Agreement (“NDA”) instead and ensure that their terms are suitable for scope of the collaboration;

Develop and implement procedures for the protection and this could include:

mark trade secrets as “confidential”;

Store trade secrets (including electronic information) safely, securely and ensure that access to it is restricted appropriately;

Keep written records of all individuals such as employees and third parties who had access to the information;

Ensure that the relevant policies are in place and available to all employees and that your employees are trained in that respect, and so on.

However, businesses shall also be aware that trade secrets protection is far from straightforward.

Have questions? Get in touch today!

For more information on how we can help in this regard, please feel free to contact us by call on 020 7928 0276, or email into info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

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Sole Responsibility – How To Prove It?

The issue of sole responsibility frequently arises in visa applications where one parent is settled in the UK while the other one is living outside the UK and has no intention to come to the UK. Or, they may be currently living in the UK, but have no lawful status.

In the above circumstances, if the parent settled in the UK wants to have his/her child/children to migrate to the UK as well, the law requires that he/she should normally have the sole responsibility of the child/children’s upbringing.

Common misconceptions

In our practice, we frequently encounter the following misconceptions:

Some parents take it for granted that since they are settled in the UK, their children should be allowed to settle with them here as well.

This is wrong. In the scenarios listed above, the settled parents will only be able to bring their child/children into the UK if they can prove with evidence that they are looking after the child/children solely, while the other parent does not play any role in the child/children’s life.

Other parents will think that they can prove sole responsibility easily if they have been granted sole custody of the child/children by the Court or in a divorce agreement or consent from the other parent.

This is wrong as well. Unlike family law where birth certificate, marriage certificate or divorce certificate are conclusive evidence to prove the parties’ relationship, in the immigration laws, sole responsibility is an issue of fact. It means that the parents concerned will need to produce evidence to prove that as a matter of facts, they are taking the sole responsibilities of their child/children’s upbringings.

Birth certificates, divorce certificates and child arrangement orders are good evidence, but they are not conclusive evidence, which means that the parents concerned should provide more evidence to prove that they are taking the sole responsibilities on daily basis.

What the Home Office look for…

It should not come as a massive surprise to hear that what the Home Office look for in sole representative cases is simply traits in-line with that of a good parent.

Financial support will be one aspect they focus on, the ability to support the child in a monetary way. However, this is still only one piece of the puzzle.

It will be things that occur during the daily life of being a parent, things that should come naturally and not be difficult to conjure evidence for. Such things as looking out for your child’s best interests, like helping them get their homework done on time and taking a keen interest in any extracurricular activities they may take part in. Similarly, being in contact with teachers and attending parent’s evenings is also important.

As well as this, being in contact with any doctors that your child has seen, and taking them to appointments when they need them is also something the Home Office would be interested in. Not only this, but taking an active role in their health by preparing good quality meals for them, not letting them spend hours on their phones or playing video games, but encourage them to also read and study.

Showing concerns for the relationships that you child builds is also important, such as dissuading them from becoming close to dangerous or criminal types of people, which can become an issue in the teenage years.

Also, if the parent concerned is unable to do this, he/she should ask the grandparents or other family member to carry out such duties on his/her behalf and makes proper arrangements.

How can all this be shown in evidence?

You might be saying to yourself, “this is all well and good, but how can I prove all of this?” It is a reasonable question, as if you want to prove your case, tangible evidence always proves to be much easier. The Home Office is unlikely to accept the applicants’ word unsupported with proof.

Things such as messages via Whatsapp, WeChat, text messages and emails are a good start. These can be between the applicant and the child, or between the applicant and people associated with the child such as teachers and doctors.

As well as this, videos and pictures taken at events involving the child will stand the applicant in good stead. For example, showing them opening presents on their birthday, playing in a school football match, or acting in a school play. It is these types of things that the Home Office will be after.

If you think about it, this kind of evidence should accumulate naturally over time if you want your child/children’s application to have more chance of success.

Need advice? We are here to help!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

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The Law of the Land: Use Classes See Significant Changes!

Planning use classes are the legal framework which determines what a particular property may be used for by its occupants. In England, these are contained within the provision of Town and Country Planning (Use Classes) Order 1987.

On the 21st July 2020, the government published The Town and Country Planning Regulations 2020 which will come into force on the 1st September 2020. Some important changes have been made and new classes introduced, meaning that certain categories now allow different uses of the land, but there will be a transitional period until 31st July 2021 where the former use classes will still apply to land and buildings for the purposes of the GPDO. Until then, people are able to use the land in-line with the old use category or the updated one.

Why the need for the update?

The government considers a complete overhaul necessary to better reflect the diversity of uses found on high streets and in town centres and to provide the flexibility for businesses to adapt and diversify to meet changing demands. This is particularly important at the present time as town centres seek to recover from the economic impact of Coronavirus.

Essentially, as time goes on, new needs and demands arise, and rules on what can happen in certain locations must adapt and change to cater to these needs.

What are the new Use Classes?

Use Class E – Commercial, Business and Service

This use class brings together existing classes A1(shops), A2 (financial and professional services), A3 (restaurants and cafes) and B1 (business) as well as parts of classes D1 (non-residential institutions) and D2 (assembly and leisure) into one single use class to allow for changes of use without the need of planning permission, making things a lot easier. However shops and facilities which are deemed as being important to the local community have been placed into Use Class F2 (Local Community), which we will talk about later.

Use Class F1 – Learning and non-residential institutions

This use class brings together some elements of the educational, non-residential Use Class D1 namely, schools, colleges etc., galleries, museum, public libraries, public hall or exhibition hall and churches etc. It makes sense to have these types of buildings under the same roof, so to speak, as they have many similarities in terms of how people use them and understand them.

Use Class F2 – Local community uses

This one can be thought of as the ‘community conscious’ category. This use class is designed to protect local community assets and include shops smaller than 280 m² and without another shop within 1,000 m², a hall or meeting place for the primary use of the local community (was use class D1), outdoor sport or recreation locations (was D2(e) use class) and swimming pools or skating rinks (was D2(e) use class).

Cinemas, concert halls, pubs, wine bars and takeaways will become a sui generis use (meaning ‘of its own kind’) with no permitted changes.

Benefits and issues

On the whole, these changes are quite positive for most people. Buildings will be able to go from being used as shops, restaurants, cafés, clinics, crèches, banks, offices, light industrial, indoor sports to another use all within the new Use Class E. It is a lot simpler. It will, for example, allow Starbucks to open new branches where previously they needed permission to convert a shop. It will remove the ‘middle man’ from the equation.

On the other hand, some items have been moved to sui generis, that were in one use class. The means that under the new use classes it will no longer be possible to move from a cinema to bingo hall or dance hall.

What do we think?

These changes seem to go further to recognise that a building may be in a number of uses simultaneously or that a building may be used for different things at different times of the day. Changes to another use, or mix of uses, within these classes do not require planning permission, which is a good thing for a lot of people who want to alter or add to the use of a building. Also, bringing certain uses together and allowing movement between them will give businesses enhanced freedom to adapt to changing circumstances and to respond more effectively to the diverse needs of their communities.

For the government legislation on this topic, follow this link.

Need advice? We are here to help!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

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When Is Consent Unreasonably Withheld?

Written by Evveline Loh.

In many contracts, in particular, those dealing with landlord and tenant relationship, if some sort of consent is required from one party to enable the other party to do (or not to do) something, there is normally provision that such consent should not be unreasonably withheld. However, the issue whether consent has been unreasonably withheld or not is usually not easy to determine.

In the very recent case Apache North Sea Ltd v INEOS FPS Ltd, the Commercial Court decided that it was illegitimate and unreasonable to set onerous conditions prior to giving consent upon renegotiation of commercial terms where such terms would provide the consenting party a more enhanced financial advantage or rights which otherwise will not have been entitled under the original terms of the contract.

Background

Apache and INEOS FPS Ltd entered into contract for transportations of hydrocarbons produced by Apache though INEOS pipelines. Within the agreement, there were many attachments. Apache wished to revise attachment F which sets out its estimated production profile for the period January 2021 – December 2040. The clause was tied to a ‘consent provision’. The Commercial Court was invited to interpret the ‘consent provision’ because INEOS purported to impose a pre-condition on such consent by requesting Apache to pay more for their service to ship increased quantities of products.

Judgment

The Commercial Court revisited some of the basic principles of construction of contract in general and then went on to refer to well established landlord and tenant’s disputes case law in relation to the consent provision.

As Lord Briggs JSC’s judgment in the case Sequent Nominees Ltd v Hautford Ltd [2019] UKSC 47, [2020] 1 All ER 1003 states “the correct approach is to construe [the consent provision] so as to discover what, upon its express terms, it permits the landlord to do”, an exercise to not view consent provision terms in isolation.

The Judge further confirmed that even where a contractual provision is subject to the standard of reasonableness, the court must still construe the contract as a whole in order to establish what the consenting party is entitled to do under the relevant clause. Such clause should not re-construct the initial terms negotiated and results in placing one party at a more advantageous position whilst the other party is deprived.

More importantly, the Commercial Court judgment made a re-statement of the general principle when it comes to consent provision. The fact that by imposing such a condition, the consenting party may gain financial advantage which it is previously not entitled to renders the condition illegitimate and unreasonable. A condition may be legitimate to the consenting party if it addresses a legitimate concern whereby the result is compensatory or mitigatory in nature.

Comments

Although many may view that this is related to oil and gas transportation and processing agreement, such issue is widely seen in many commercial contracts and landlord and tenant’s contract. This case serves as an important reminder that:

The refusal to consent is likely to be illegitimate and unreasonable if a condition tied to the consent places one party at a financial advantage or enhance that party’s right when the original terms does not provide for such rights.

On the other hand, a refusal to consent may be legitimate when the condition imposed addresses a legitimate concern and the result arises from such consent is compensatory or mitigatory in nature.

Have any questions? We are here to help!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

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Moving further into the modern age? Probate applications to go online!

In a world that revolves so much around technology, it is only right that the legal sector keeps up. This is why all probate applications made by solicitors would have to be conducted online under recent proposals from the Ministry of Justice, encouraging practitioners to go step forward into digitisation.

What exactly is probate?

Probate is the process of dealing with the estate of someone who has died, which generally means clearing their debts and distributing their assets in accordance with their will (or the rules of intestacy in a case where a person dies without a will).

People are able to do this themselves, but it can be fairly complicated as there are lots of forms to fill out and gathering of assets to be done. Where the case is more complicated, it is recommended that professionals, such as ourselves, are brought in to help.

Moving forwards

Probate involves a series of steps and in the past it has mostly been a paper based process, and was solely paper based until 2017. However, the government proposes changing non-contentious probate rules to make it mandatory for solicitors and other probate practitioners to move towards online completions.

So far, it has worked…

Online systems have been trialled and tested when it comes to probate applications. Beta versions of the digital systems were met with positive acceptance. The online service for legal professionals was rolled out to be available to all practitioners in October 2019, following the Beta phase’s successful pilot. User feedback shows the majority of users are satisfied with the online service.

User experience, ease of access and faster response times are all part of the government’s plan to make digital applications the norm, relying on technology to create a more effective system for court users and generate efficiencies for the taxpayer.

The hope is that by making these digital systems mandatory, people will adapt to them quicker. A spokesperson from the Ministry of Justice said:

‘Mandating the process will accelerate it and encourage users to adapt and take the necessary steps for the transition while helping to achieve the savings which HM Courts & Tribunals Service needs to deliver in fulfilling the requirements of the investment in the HMCTS reform programme.’

Not too popular yet…

While the trials have been met positively and those using the online system seem to like it, it is not yet the norm. In June this year – despite lockdown – just a fifth of probate applications from solicitors were made online.

However, due to COVID-19 and the desire for a more online focussed legal world, it is expected that this number will soon rise.

What do we think?

Here at Lisa’s Law, we are not afraid of technology, in fact we welcome it. If the system is faster, easier to use, and more eco-friendly than using paper, then we are all for it. Our team of legal professionals already work with an ethos that places sustainability as a high priority. Anything that can be done online with the same ease, and in many cases greater ease and efficiency than on paper, should be considered a positive.

Have questions? We are here to help!

In the meantime, we are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk for any questions you may have on this topic.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Find the link here if you need some further instructions on how to use our new app!

lisaslaw@web

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News and Insights

What is being proposed (pardon the pun)?

Stepping into the future

What do we think?

Have questions? We are here for you!

What is a Subject Access Request?

What information might a Home Office immigration record contain?

Getting a bit more specific:

Why is this information useful?

How can you make a Subject Access Request?

How long does it take?

Making a complaint if the information is delayed

Have questions? We are here for you!

Home Extensions on the rise – literally!

What do we think about this?

Sunak goes for green!

How does it work?

Assessment

Have question? We are here for you!

Background

Issues and decision

Implication

Have questions? We are here for you!

A quick refresher

Family first

A more relaxed approach?

Preparing the right documentation

What do we think?

Have questions? We are here for you!

What we know about the case

What is “Trade Secrets” and how it is protected in the UK

What we suggest

Have questions? Get in touch today!

Common misconceptions

What the Home Office look for…

How can all this be shown in evidence?

Need advice? We are here to help!

Why the need for the update?

What are the new Use Classes?

Benefits and issues

What do we think?

Need advice? We are here to help!

Background

Judgment

Comments

Have any questions? We are here to help!

What exactly is probate?

Moving forwards

So far, it has worked…

Not too popular yet…

What do we think?

Have questions? We are here to help!

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