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GLOSSARY

Abandon definition

Published by a LexisNexis Banking & Finance expert

What does Abandon mean?

Describes a situation where contractor stops carrying out the works for a prolonged and consecutive period of days (for example 20 business days) or for a longer non-consecutive period of days throughout the life of the project (for example 60 business days) and does so wilfully and without a reason. abandonment is usually classed as a contractor default which would allow the authority to terminate the project agreement and/or Project Co to terminate the construction contract.

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Misconduct in the course of winding up

Misconduct in the course of winding up Offence of misconduct in the course of winding up Under section 208(1) of the Insolvency Act 1986 (IA 1986), a criminal offence may be committed in various circumstances during the course of a company’s liquidation. The offences created by IA 1986, s 208 criminalise any attempt to evade the obligations on company officers to deal transparently and honestly with the liquidator. An offence is committed where a past or present officer of the company: • does not to the best of their knowledge and belief fully and truly disclose to the liquidator all the company's property as well as how and to whom, and for what consideration and when, the company disposed of any part of that property unless such part has been disposed of in the ordinary course of business • does not deliver up to the liquidator (or as they direct) all such parts of the company's property as is in their custody or under their control...

Charity litigation—compromising charity litigation

Charity litigation—compromising charity litigation FORTHCOMING CHANGE: The Charities Act 2022 received Royal Assent on 24 February 2022 and will be implemented on a staggered basis between now and Autumn 2023. CA 2022 will implement the majority of the recommendations from the 2017 Law Commission report, Technical Issues in Charity Law. For a summary of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. Of particular relevance to this Practice Note are the changes relating to ex gratia payments and the changes relating to the acquisition, disposal, and mortgage of charity land, which may be affected by the implementation of CA 2022. Charity trustees engaged in litigation will have an ongoing requirement to monitor the possibility of reaching a settlement with the other party/ies which could achieve some of the objectives of the process while bringing an end to legal costs and minimising any risk where this would be in the best interests of the charity. The general requirement...

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Planning use swap agreement

Planning use swap agreement Dated: Parties 1 [insert party name] whose registered office is at [insert address] (‘the First Party); and 2 [insert party name] whose registered office is at [insert address] (‘the Second Party); and Recitals (A) The First Party intends to submit to the Council a planning application for the Commercial Proposal in respect of the First Property. (B) The Second Party intends to submit to the Council a planning application for the Residential Proposal in respect of the Second Property. (C) The parties agree that the Second Party will submit the Second Planning Application to the Council at the same time as the First Party submits the First Planning Application to the Council, in each case as related planning applications for a Planning Use Exchange in relation to the First Property and the Second Property on the terms hereinafter set out. 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings: Act • Town and Country Planning...

Legal charge to secure overage payments

Legal charge to secure overage payments Date [date] Parties 1 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Buyer) 2 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 1 Definitions In this Deed, the following definitions apply: [Affordable Housing • [social rented, affordable rented and intermediate subsidised housing available to persons who cannot afford to rent or buy housing generally available on the open market OR has the meaning given to that expression in Annex 2 of the National Planning Policy Framework current today];] Competent Authority • any: (a) local authority, highway authority, government department or other authority, body or person exercising powers under statute or by Royal Charter; or (b) utility service or supply company; Costs • are any costs, losses, damages and liabilities, whether or not resulting from claims, demands, actions or proceedings incurred in, or incidental...

Dive into our 9 Precedents related to Abandon

A child with a non-UK domicile of origin in Country A moves to the UK with their parents and acquires a UK domicile of dependency. If the child leaves the UK after the age of 16 to live in Country B, what domicile would they have? What is the position if they later return to the UK?

A child with a non-UK domicile of origin in Country A moves to the UK with their parents and acquires a UK domicile of dependency. If the child leaves the UK after the age of 16 to live in Country B, what domicile would they have? What is the position if they later return to the UK? Once an individual has reached the age of 16, they become capable of acquiring their own domicile of choice. At that point, the individual can: • retain their domicile of dependence as a domicile of choice • abandon their domicile of dependence and acquire a different domicile of choice, or • abandon their domicile of dependence, but not acquire a domicile of choice, so that their domicile of origin revives C’s residence in Country B C may have acquired a domicile of choice in Country B by virtue of their physical presence there. However, enquires should be made as to whether C intended to stay there permanently or indefinitely....

What procedural steps must a claimant take when issuing a personal injury claim in the High Court in which the Motor Insurance Bureau (MIB) is a defendant under the MIB Uninsured Drivers Scheme?

What procedural steps must a claimant take when issuing a personal injury claim in the High Court in which the Motor Insurance Bureau (MIB) is a defendant under the MIB Uninsured Drivers Scheme? The MIB Uninsured Agreement 2015, which applies to accidents that have occurred on or after 1 August 2015, has less obligations and conditions than previous uninsured agreements. For more information, see Practice Note: Motor Insurers' Bureau (MIB)—2015 Uninsured Agreement. The MIB incurs no liability unless they are joined at the outset as an additional defendant to the proceedings, except when the claimant ‘initially and reasonably believes’ the uninsured driver was covered by a contract of insurance with an insurer whose identity can be ascertained. As noted in clause 13 of the MIB Uninsured Agreement 2015: ‘…13. (1) Subject to paragraph (2), MIB incurs no liability under the MIB’s obligations unless MIB is joined from the outset as an additional Defendant to the relevant proceedings. (2) In the case of a relevant liability which the claimant initially...

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Practice Compliance weekly highlights—22 May 2025

This week's edition of Practice Compliance weekly highlights includes: our latest Practice Compliance forecast, key financial sanctions updates and analysis of the SRA's interim policy statement on its financial penalty regime.

Government and EHRC face legal challenge over toilet use guidance

Law360: A group of transgender and intersex individuals launched a legal challenge against the equalities watchdog and a government minister on 16 May 2025, arguing that guidance issued following the UK Supreme Court's watershed ruling on the legal definition of a woman violates human rights law.

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