Abandonment definition

View the related practice notes about Abandonment

Obtaining clearance from the Pensions Regulator

STOP PRESS: The Pensions Regulator (TPR) has updated its clearance guidance to take account of the provisions of the Pension Schemes Act 2021 which came into force on 1 October 2021, including TPR’s new criminal powers to investigate and prosecute those who avoid employer debts to pension schemes or put savers’ pensions at risk, and two new tests in relation to its contribution notice power (the employer resources and employer insolvency tests). The updated guidance also reflects the way that both TPR and the market have developed since clearance was introduced in April 2005.Clearance is the voluntary process of obtaining a clearance statement from TPR. A clearance statement gives assurance that, based on the information provided, TPR will not use its powers to issue a contribution notice, a financial support direction, or both, to the applicant(s) in relation to a defined benefit (DB) occupational pension scheme and a particular event (events include transactions, agreements, decisions, other acts and failures to act). However, a clearance statement will not bind TPR if circumstances are materially different from the contents of the application.Among other things, the updated guidance states that:• any clearance statement will only be effective in relation to TPR’s contribution notice and/or financial support direction powers. It does not provide any reassurance in terms of any other of TPR’s powers, including its criminal

Oil regulation—United Kingdom—Q&A guide

Oil regulation—United Kingdom—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to oil regulation in United Kingdom published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021). Authors: Mayer Brown—Bob Palmer 1. Describe, in general terms, the key commercial aspects of the oil sector in your country. According to the Oil and Gas Authority (OGA), the UK's oil & gas industry regulator, as of the end of 2018, almost 45 billion barrels of oil equivalent had been recovered from the UK continental shelf (UKCS). The OGA estimates that a further 10 to 20 billion barrels of oil equivalent could still be recovered from the UKCS. Production from the UKCS peaked in 1999, reaching 137 million tonnes. This was followed by a general decline, with production falling by 5 per cent each year on average. 2018 bucked this trend, with oil and gas production increasing more than 4 per cent from 2017, averaging 1.7 million barrels of oil equivalent per day (Mmboe/d), before dropping to 1.61Mmboe/d in 2020. The OGA predicts production to decline further in 2021 and 2022, anticipating a fall to 1.50 Mmboe/d and 1.44 Mmboe/d respectively. This reflects lower levels of brownfield and greenfield investments, and also takes into account the impact of planned maintenance works due to be carried out. In 2020, UKCS oil production fell to 0.93Mmbbl/d, a decrease

Celanese/Blackstone/JV (M.8547) [Archived]

Celanese/Blackstone/JV (M.8547) [Archived] CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the abandonment of the transaction on 20 March 2018; it is no longer maintained. See further, timeline. Case facts ARCHIVE 20/03/2018 Outline European Commission merger investigation into the proposed joint venture between Celanese and Blackstone in relation to acetate flake and acetate tow (Case M.8547). The transaction involves horizontal overlaps in market for acetate tow. Latest developments On 20 March 2018, the Commission ended its investigation after the parties withdrew the notification as a result of their decision to abandon the transaction. Parties Celanese Corporation is a US-based global technology and speciality materials company headquartered in Irving, Texas. Blackstone is a US-based private equity group. The joint venture will comprise Celanese’s Cellulose Derivatives business (including existing joint ventures with China National Tobacco Corporation) and Blackstone’s Rhodia Acetow business (recently acquired from

Obtaining clearance from the Pensions Regulator

Obtaining clearance from the Pensions Regulator STOP PRESS: The Pensions Regulator (TPR) has updated its clearance guidance to take account of the provisions of the Pension Schemes Act 2021 which came into force on 1 October 2021 , including TPR’s new criminal powers to investigate and prosecute those who avoid employer debts to pension schemes or put savers’ pensions at risk, and two new tests in relation to its contribution notice power (the employer resources and employer insolvency tests). The updated guidance also reflects the way that both TPR and the market have developed since clearance was introduced in April 2005. Clearance is the voluntary process of obtaining a clearance statement from TPR. A clearance statement gives assurance that, based on the information provided, TPR will not use its powers to issue a contribution notice, a financial support direction, or both, to the applicant(s) in relation to a defined benefit (DB) occupational pension scheme and a particular event (events include transactions, agreements, decisions, other acts and failures to act). However, a clearance statement will not bind TPR if circumstances are materially different from the contents of the application. Among other things, the updated guidance states that: • any clearance statement will only be effective in relation to TPR’s contribution notice and/or financial support direction powers. It does not provide any reassurance in terms of any other of TPR’s powers, including

Ritchie Bros Auctioneers Incorporated/Euro Auctions Group [Archived]

Ritchie Bros Auctioneers Incorporated/Euro Auctions Group [Archived] CASE HUB ARCHIVED—this archived case hub reflects the position at the date of cancellation of the investigation on 3 May 2022 after the abandonment of the transaction; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the completed acquisition by Ritchie Bros Auctioneers Incorporated of Euro Auctions Group. The parties overlap in the supply of auction services for heavy construction machinery. Latest developments On 3 May 2022, the CMA formally cancelled its phase 2 investigation following the parties’ decision to abandon the merger. Parties • Ritchie Bros Auctioneers Incorporated (Ritchie Bro): Ritchie Bros provides auction services. It facilities the sale and purchase of used heavy machinery for the construction, agriculture and transport industries via aucitons, listing websites and marketplaces.• Euro Auctions Group (Euro Auctions): Euro Auction provides auction services. it conducts unreserved heavy equipment auctions with onsite and online bidding under the brands Euco

US—trademark audits

US—trademark audits This Practice Note was originally written for Lexis Practice Advisor®, in the US. This Practice Note provides guidance on conducting a trademark audit. It discusses the benefits of a trademark audit and the key components of an audit, including reviewing or creating a docket (ie list) of a company’s trademark assets and drafting an audit report that discusses each item in the docket. A trademark audit may be conducted internally (eg by a company’s legal department or in-house counsel) or by outside counsel, depending on the scope of the audit. Ideally, a trademark audit should be performed at least once a year. It may also be requested by a third party in certain instances, such as in connection with a merger or acquisition. Benefits of a trademark audit A trademark audit provides a company with the information necessary to review and manage one of its most important and recognisable intellectual property assets, its trademark portfolio. Specifically, an audit can be used to: • re-evaluate the use of existing registered trademarks. For example, an audit might reveal that a company has expanded its use of a trademark into different countries or has offered new goods and services under a mark that are not identified in existing registrations (in which case, the company should evaluate whether to file additional trademark application(s) covering the new goods/services and/or countries). The audit might

Oil regulation—Thailand—Q&A guide

Oil regulation—Thailand—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to oil regulation in Thailand published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021). Authors: Chandler MHM Limited—Nuanporn Wechsuwanarux; E. T. Hunt Talmage, III; David Beckstead; Tachatorn Vedchapun; Noraseth Ohpanayikool 1. Describe, in general terms, the key commercial aspects of the oil sector in your country. The Thai petroleum concession has proven to provide a very stable foundation for investment in the oil and gas industry and downstream projects since 1971. However, Thailand has limited geological prospects for oil and gas. Thailand is a net importer of both oil and gas and its petroleum reserves are declining with increasing demand. Given the present petroleum resource base and demand profile, Thailand will remain a net importer of hydrocarbons for the foreseeable future. Based on the Energy Statistics of Thailand BE 2563 (2020), provided by the Energy Policy and Planning Office (EPPO), Thailand imported a total of 856Kbd  (thousand barrels per day) of crude oil or approximately 87 per cent of consumption. Regarding the production of crude oil, in 2019, Thailand produced 126Kbd of crude oil, while Thailand produced 102Kbd of condensate. Natural gas plays a large role in satisfying Thailand's energy requirements. Based on the Energy Statistics of Thailand, Thailand produced 3,623 million standard cubic feet per day; whereas, the

Energy disputes—Canada—Q&A guide

Energy disputes—Canada—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to energy disputes in Canada published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Norton Rose Fulbright—KayLynn Litton; Ray Chartier 1. Describe the areas of energy development in the country. Canada has the world's third-largest proven reserves of crude oil, and is currently the fifth-largest producer of both oil and natural gas in the world. The majority of reserves are held in oil sands located in Alberta, but substantial quantities of oil and gas are also produced in British Columbia, Saskatchewan, New Brunswick, Nova Scotia, and Newfoundland and Labrador. While production of conventional oil and natural gas has been declining in recent years, production of unconventional oil and gas (eg, tight gas, coalbed methane and shale gas) continues to rise. Liquid natural gas export facilities have been proposed and are being developed in Canada.  Canada has significant coal reserves, with coal mines located primarily in British Columbia, Alberta, Saskatchewan and Nova Scotia. Canada is the world's second-largest uranium producer, with production mainly originating in northern Saskatchewan, and is also the world's second-largest producer of hydroelectricity, with large quantities of hydroelectricity produced in Quebec, British Columbia, Newfoundland and Labrador, Manitoba and Ontario. Wind, solar, biomass and tidal energy are increasingly being used throughout Canada for electricity generation, owing to an increasing focus on sustainability by governments

Judicial review in Scotland—grounds of challenge

Judicial review in Scotland—grounds of challenge This Practice Note considers judicial review grounds of challenge in Scotland. For guidance on: • Other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland, Judicial review in Scotland—remedies, Judicial review in Scotland—raising a claim and Judicial review in Scotland—protective expenses orders • issues to consider before bringing a civil claim in a Scottish court and how to start and progress a civil claim in Scotland, see: Preliminary considerations in Scottish civil litigation—overview and Initiating and case managing a civil claim in Scotland—overview respectively, which link through to more detailed guidance • other aspects of Scottish civil litigation, see: Types of action and appeals in Scottish civil litigation—overview, Remedies and enforcement in Scottish civil litigation—overview and Settlement and ADR in Scottish civil litigation—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland • other key areas of Scottish law and procedure, see our Scotland toolkit, and • judicial review in England and Wales, see, for example, Practice Notes: Judicial review—what it is and when it can be used and Judicial review—time limits and the pre-action protocol Key: • HRA 1998—

UK public procurement case tracker

UK public procurement case tracker The UK public procurement case tracker records and summarises the most recent UK case law developments relating to public procurement*. For European case law, see: EU public procurement case tracker. For ease of reference, the tracker has been divided by reference to the key subtopics in our public procurement topic: • Pre-procurement considerations • Procurement procedure • Contract award and challenges Where appropriate, new entries are marked: NEW and updated entries are marked: UPDATED. Brexit, and public procurement reform The current UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s withdrawal from the EU. For further reading on the impact of Brexit on public procurement, see Practice Note: Brexit—the implications for public procurement. For updates on reform of UK public procurement law see Practice Note: Public procurement reform Pre-procurement considerations Pre-procurement considerations are key to ensuring the correct procedure is followed and good project management techniques are embedded in the procurement process. Without due preparation, there is a risk that the process conducted by the contracting authority will not be efficient, the solution may not be fit for purpose and the award may be at risk of challenge. For further reading on this subject, including key case references, see our: Pre-procurement considerations—overview.

View the related precedents about Abandonment

Audit clause—for public sector contracts

Produced in partnership with Michael Winder of Brabners LLP STOP PRESS: The General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) introduces substantial amendments to EU and UK data protection law and replaces the Data Protection Act 1998 (DPA 1998) and Directive 95/46/EC (the Data Protection Directive) as of 25 May 2018. This Precedent has not been drafted for compliance with the GDPR but it will be updated to reflect the changes to data protection law as a result of the GDPR regime in due course. For further information on the GDPR, see Practice Note: The General Data Protection Regulation (GDPR). For precedent (private sector) data processing provisions which comply with the GDPR and DPA 1998 (including audit provisions) and related commentary see Precedent: Data processing provisions—GDPR compliant—pro-controller. Definitions for Audit clause—for public sector contracts Audit Agents means any of the following: (a) the Authority's internal and external auditors; (b) the Authority's statutory or regulatory auditors; (c) the Comptroller and Auditor General, their staff and/or any appointed representatives of the National Audit Office; (d) HM Treasury or the Cabinet Office; (e) any party formally appointed by the Authority to carry out audit or similar review functions; (f) successors or assigns of any of the above; Authority Data

Multi-sourcing (towers) agreement

Multi-sourcing (towers) agreement This Agreement is made on [date] Parties 1 [Customer] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Customer); and 2 [Supplier] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier) each of Customer and Supplier being a party and together Supplier and Customer are the parties. BACKGROUND (A) The Customer wishes to outsource the provision and management of its [describe function] services to the Supplier, in conjunction with the Customer’s appointment of a number of other service providers to provide related and/or interdependent services, and with whom the Supplier will be required to collaborate (along with any third party who the Customer may appoint to provide overall coordination and management of its multi-supplier ecosystem, on a service integration and management (SIAM) basis). (B) The Customer’s requirements are currently provided [internally OR by an associated company] [by insert name of existing supplier]. (C) The Supplier is experienced in the design, development and implementation of [describe function] services and has agreed to be responsible for the provision and management of the relevant part of the Customer’s functions and to collaborate with the Customer’s other service providers. (D) The Customer issued a request for proposal (RFP) on [date], the Supplier responded to the RFP (Response) on [date]. (E) On the basis of the Supplier’s Response and subsequent

Outsourcing agreement—long form

Outsourcing agreement—long form This Agreement is made on [date] Parties 1 [Customer] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Customer); and 2 [Supplier] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Supplier) each of Customer and Supplier being a party and together Supplier and Customer are the parties. BACKGROUND (A) The Customer wishes to outsource the provision and management of its [describe function] services to the Supplier. (B) The Customer’s requirements are currently provided [internally OR by an associated company] [by insert name of existing supplier]. (C) The Supplier is experienced in the design, development and implementation of [describe function] services and has agreed to be responsible for the provision and management of the relevant part of the Customer’s functions. (D) The Customer issued a request for proposal (RFP) on [date], the Supplier responded to the RFP (Response) on [date]. (E) On the basis of the Supplier’s Response and subsequent discussion between the parties the Customer has selected the Supplier to provide the Services to the Customer, subject to the terms and conditions set out in this Agreement. It is agreed as follows: Part a definitions and interpretation 1 Definitions 1.1 In this Agreement, unless the context otherwise requires, capitalised terms shall have the meanings set out below. Acceptance • means the written acknowledgement by the Customer that the Work

NEC3—Z clauses

STOP PRESS: The NEC4 suite of contracts was published in June 2017. See Precedent: NEC4—Z clauses. This document contains a number of suggested amendments and additional clauses which can be used together or individually, as required, to amend the standard NEC3 Engineering and Construction Contract (ECC), April 2013 edition. They can also be adapted as necessary for use with other contracts in the NEC3 suite. Amended or additional clauses are included under Option Z of the NEC3 forms and are therefore termed ‘Z clauses’. This document includes a standard set of Z clauses, and parties will need to consider whether each of them is appropriate for the particular project, and should also consider whether any further Z clauses are required to address any project specific matters. The parties must also consider which of the secondary X and Y option clauses should apply when preparing the contract. See also Practice Note: NEC contracts—key considerations for details of matters that the parties should particularly bear in mind when entering into an NEC contract. For general information about NEC3 (and NEC4) contracts, see Practice Notes: NEC contracts—introduction and NEC4—Z clauses. Z.1 Insert new definitions in clause 11.2 as follows: ‘(20) Applicable Laws are any statutes, regulations, rules, orders, bylaws, notices, proclamations, delegated or subordinated legislation, and

NEC4 PSC—Form of Agreement and Z clauses

NEC4 PSC—Form of Agreement and Z clauses Agreement in relation to [insert brief details of the works/project] at [insert address of works] (Incorporating (inter alia) the NEC4 Professional Services Contract 2017 with January 2019 Amendments and October 2020 Amendments as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Client] (company registration number [insert number]) whose registered office is situated at [insert address of the Client] (‘the Client’), 2 [insert name of the Consultant] (company registration number [insert number]) whose registered office is situated at [insert address of the Consultant] (‘the Consultant’) Background (A) The Client wishes for certain works, namely [insert brief details of the works/project] as more particularly described in this contract, to be executed. (B) The Client wishes to appoint the Consultant and the Consultant has agreed to be appointed in accordance with the terms and conditions set out below to Provide the Service. Now it is agreed that: 1 Interpretation In this Agreement (including the recitals) words and expressions shall have the meanings as are respectively assigned to them in the conditions of contract referred to below. Clause headings are for information purposes only and do not affect the interpretation of this contract. 2 The contract This Agreement, together with the following documents, constitute

NEC4—Z clauses

This document contains a number of suggested amendments and additional clauses which can be used together or individually, as required, to amend the standard NEC4 Engineering and Construction Contract (ECC). They can also be adapted as necessary for use with other contracts in the NEC4 suite. Amended or additional clauses are included under Option Z of the NEC4 (and NEC3) forms and are therefore termed ‘Z clauses’. This document includes a standard set of Z clauses and parties will need to consider whether each of them is appropriate for the particular project, and should also consider whether any further Z clauses are required to address any project specific matters. See also Practice Note: NEC contracts—key considerations for details of matters that the parties should particularly bear in mind when entering into an NEC contract. The parties must also consider which of the secondary option clauses, X1–X22 and Y(UK)1–Y(UK)3, in the NEC4 ECC should apply when preparing the contract. For general information about NEC4 (and NEC3) contracts, see Practice Note: NEC contracts—introduction. A separate set of Z clauses for the NEC3 ECC is also available, see Precedent: NEC3—Z clauses. Z.1 Insert new definitions in clause 11.2 as follows: ‘(21) Applicable Laws are any statutes, regulations, rules, orders, bylaws, notices, proclamations, delegated or subordinated legislation,

Anti-bribery clause—for public sector contracts

Definitions for Anti-bribery clause—for public sector contracts Commencement Date means the date on which this Agreement is signed by both Parties; Default means any breach of the obligations of the relevant party (including[ but, not limited to, ]abandonment of this Agreement in breach of its terms, repudiatory breach or breach of a fundamental term) or any other default, act, omission, negligence or statement: (a) in the case of the Authority, of its employees, servants, agents; or (b) in the case of the Supplier, of its Sub-contractors or any Supplier's Personnel, in connection with or in relation to this Agreement; Prohibited Act means: (a) to directly or indirectly offer, promise or give to any person working for or engaged by the Authority a financial or other advantage to: i induce that person to perform improperly a relevant function or activity; or ii reward that person for improper performance of a relevant function or activity; (b) to directly or indirectly request, agree to receive or accept any financial or other advantage as an inducement or a reward for improper performance of a relevant function or activity in connection with the Services and/or this Agreement; (c) an offence: i under the Bribery Act 2010 (or any legislation repealed or revoked by

Patent co-ownership agreement

Patent co-ownership agreement This Agreement is made on [insert date]. Parties 1 [Insert name of first co-owner of patent] [(Company Number [insert number])] [whose [registered office OR principal place of business] is at [insert address] OR whose address for service within the jurisdiction of the courts of England and Wales is [insert address]] (Party A); and 2 [Insert name of second co-owner of patent] [(Company Number [insert number])] [whose [registered office OR principal place of business] is at [insert address] OR whose address for service within the jurisdiction of the courts of England and Wales is [address]] (Party B). Each a Party and together the Parties as context dictates Background The Parties co-own the Patents (as defined below). The Parties wish to agree the terms on which the Patents will be protected, enforced, defended, commercialised and otherwise dealt with, all in accordance with the provisions of this Agreement. It is agreed as follows: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means, in relation to a Party, any person that Controls, is Controlled by, or is under common Control with, that Party; Completion Applications • means the completion patent application[s], short particulars of which are set out in Part B of the Schedule; Control • means direct or indirect beneficial ownership of [more than] 50% [or more] (or, outside a Party’s home territory, such lesser percentage as is the maximum permitted level of foreign

View the related q&as about Abandonment

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)?

Is an express grant of an easement of light which purports to be for the benefit of buildings to be constructed in the future valid (the land is currently vacant)? An easement of light like any other easement is a right that benefits one plot of land by giving such rights over adjacent land. A right to light is an important right as it prevents the owner of the servient land from interfering with that right, for example, by the construction of buildings on their plot of land which would block light. The scope of such a right is ordinarily that the dominant land has the right to a reasonable amount of natural light from the sky to the windows of their buildings. The right to light applies in respect of windows or other apertures in a building rather than to the land itself. The right is therefore not a general right to receive light but rather relates to a specific dwelling house or other building: see Colls v Home & Colonial Stores Ltd. This means that, generally speaking, where a building with such rights has been demolished, and a new building constructed, rights to light will continue to exist provided that the apertures are in the same position as previously, as there is then no

Can a landlord change the locks on a property which appears to have been abandoned, where the landlord has obtained an order for possession but has not yet instructed court bailiff?

Can a landlord change the locks on a property which appears to have been abandoned, where the landlord has obtained an order for possession but has not yet instructed court bailiff? Enforcement of possession orders As set out in Practice Note: Protection from eviction and protection from harassment, if a residential tenant remains in occupation of the premises after the end of the tenancy, then the landlord can only recover possession by way of court proceedings, on the basis that they will benefit from protection under section 3 of the Protection from Eviction Act 1977 (PEA 1977). This is because PEA 1977 makes it an offence for a landlord to take back possession of a private residential property (subject to certain exclusions—see below) without a court order. In addition, the landlord must use a bailiff to execute the court order if the tenant does not vacate the property by the date stated in the order. Commentary at Appeals from an order in a possession claim: Claims to the Possession of Land [G1.48] states that: 'Even if an absolute possession order has been made and the time for possession has passed, the landlord must beware of taking possession physically. An occupier such as a Rent Act statutory tenant or the lodger of such a tenant may well have

How is a profit a prendre in gross extinguished?

How is a profit a prendre in gross extinguished? This Q&A relates to the following Practice Note: Profits à prendre. Since 13 October 2003 (when Land Registration Act 2002 came into force) it has been possible to register a profit a prendre 'in gross' with its own title. To be registered with its own title a profit a prendre must: • exist in its own right and not be annexed to the ownership of other land • be held in fee simple or for a term of years with more than seven years left to run

Can a deed to release an existing easement provide that the easement will be released on an unspecified future date, once various conditions have been satisfied?

Can a deed to release an existing easement provide that the easement will be released on an unspecified future date, once various conditions have been satisfied? Although an easement, such as a right of way, can lapse in certain circumstances (such as abandonment), by far the most certain method of extinguishment is by entering into a deed of release. The deed must be in writing, and must include as parties the owner and any mortgagee of the dominant land. There are numerous reasons why it might be desirable for an easement to be released, such as development of the land. In some cases, it may be desirable to put in place a conditional release, to ensure that, on the happening of certain conditions, such as the grant of planning permission, the easement can be extinguished. For instance, the owner of the servient land may well wish to protect themselves from being held to ransom at a later date in the event that planning is granted

Is a section 8 notice (relying on Ground 7A in Schedule 2, Part 1 of the Housing Act 1988) valid if it is served before the tenant was convicted of the relevant offence. Example: Section 8 Notice is served on 1 January, possession is sought on 2 February but the tenant is convicted on 15 January.

Is a section 8 notice (relying on Ground 7A in Schedule 2, Part 1 of the Housing Act 1988) valid if it is served before the tenant was convicted of the relevant offence. Example: Section 8 Notice is served on 1 January, possession is sought on 2 February but the tenant is convicted on 15 January. Section 8(4D) of the Housing Act 1988 (HA 1988), states that where a landlord proposes to rely on the conviction HA 1988, Sch 2, Pt I, Ground 7A (Condition 1) then the notice seeking

In an intestacy, is it the case that the administrator has to wait until a grant of letters of administration has been obtained in order to place Trustee Act 1925 (TA 1925) notices to protect against unknown creditors? As there are no assets in the estate that require a grant of letters of administration in order to be dealt with, do you have any other suggestions to protect the estate in case creditors subsequently come forward, or does the administrator have no choice but to obtain a grant of letters of administration and place TA1925 notices?

In an intestacy, is it the case that the administrator has to wait until a grant of letters of administration has been obtained in order to place Trustee Act 1925 (TA 1925) notices to protect against unknown creditors? As there are no assets in the estate that require a grant of letters of administration in order to be dealt with, do you have any other suggestions to protect the estate in case creditors subsequently come forward, or does the administrator have no choice but to obtain a grant of letters of administration and place TA1925 notices? Creditors In accordance with the duties of a personal representative to administer the estate of the deceased under section 24 of the Administration of Estates Act 1925 (AEA 1925), they must ascertain the debts and liabilities of the estate and pay any sums properly due to creditors. See generally: Personal representatives—overview and Estate administration—overview. The administration usually takes place in the period of a year from the death. The usual rule is that creditors take priority over beneficiaries. AEA 1925 s 34 and AEA 1925, Sch 1, Pt II set out the order of application of assets in the case of a solvent estate. A personal representative must exercise due diligence in ascertaining any debts as they

An assured shorthold tenancy is granted for a term of seven years, but provides that in the event of the death of the tenant or if the property remains unoccupied for a period of two months, the tenancy shall determine immediately without any requirement for a notice to be served. Would this provision render the tenancy void for uncertainty pursuant to section 149(6) of the Law of Property Act 1925, meaning that it would take effect as a 90-year lease?

An assured shorthold tenancy is granted for a term of seven years, but provides that in the event of the death of the tenant or if the property remains unoccupied for a period of two months, the tenancy shall determine immediately without any requirement for a notice to be served. Would this provision render the tenancy void for uncertainty pursuant to section 149(6) of the Law of Property Act 1925, meaning that it would take effect as a 90-year lease? An assured shorthold tenancy (AST) does not determine automatically, either on the basis of the death of a tenant or by it remaining vacant for a period of time. The main methods of terminating an AST are by service of a section 21 notice or by relying upon one of the grounds that enable reliance by a section 8 notice. In both circumstances, a court order is required to obtain possession if the tenant does not vacate voluntarily. Possession can be obtained by abandonment, where the tenant vacates the property with no intention to return, but landlords must be careful before assuming that this has occurred. It is not open to a landlord to seek to circumvent the provisions of the

If a construction contract provides for mandatory adjudication (ie disputes must be referred to adjudication in the first instance), does this remain the case following termination?

If a construction contract provides for mandatory adjudication (ie disputes must be referred to adjudication in the first instance), does this remain the case following termination? Many construction contracts will contain express clauses which allow either the contractor or the employer to terminate on the happening of a specific event or circumstance. Common examples of such clauses include for non-payment, assigning without consent, suspension without cause or abandonment of the works. The standard form contracts also generally deal with events in which either party can terminate—for example force majeure clauses and acts of government which directly affect the execution of the works (both of key relevance in the current climate). Where the contract in question does not provide for termination, or the event in question is outside of the scope of those terms, the common law may be able to assist through the doctrine of repudiatory breach of contract, entitling the innocent party to treat the contract as being at an end. Where a contract is terminated either by way of an express provision or by way of acceptance of a repudiatory breach, it is vital to understand which clauses will survive that termination. This question generally comes down to the proper construction of the relevant clause. Where parties expressly provide that a particular clause will (or will not) be binding after termination, the agreement will be

To what extent can an arbitrator under the Commercial Rent (Coronavirus) Act 2022 take into account the possibility of a forthcoming change in the law when reaching a decision? Must they reach a decision on questions of law on the basis of precedent as it stands at the date of determination? If so, could they nevertheless use case management powers to, for example, extend deadlines to allow time for an anticipated decision to be handed down before making an award?

To what extent can an arbitrator under the Commercial Rent (Coronavirus) Act 2022 take into account the possibility of a forthcoming change in the law when reaching a decision? Must they reach a decision on questions of law on the basis of precedent as it stands at the date of determination? If so, could they nevertheless use case management powers to, for example, extend deadlines to allow time for an anticipated decision to be handed down before making an award? The Commercial Rent (Coronavirus) Act 2022 (CR(C)A 2022) came into effect for the most part on 24 March 2022. It creates an arbitration process to resolve rent arrears that arose during lockdown, if landlords and tenants are not able to come to an agreement. It applies to a 'protected rent debt', defined in CR(C)A 2022, s 3 as a debt under a business tenancy consisting of unpaid protected rent. Protected rent is rent due under the tenancy where the tenancy was adversely affected by coronavirus (COVID-19) (as defined in CR(C)A 2022, s 4) and the rent is attributable to a period of occupation by the tenant for, or for a period within, the protected period applying to the tenancy. CR(C)A 2022, s 9 provides that where the tenant and the landlord under a business tenancy are

A section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) has been served on a tenant who then leaves the property, but an unknown occupier is living there (subletting being prohibited under the tenancy). Does the landlord need to serve a new HA 1988, s 21 notice on the occupier, or can possession proceedings be issued against the tenant and occupier together?

A section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) has been served on a tenant who then leaves the property, but an unknown occupier is living there (subletting being prohibited under the tenancy). Does the landlord need to serve a new HA 1988, s 21 notice on the occupier, or can possession proceedings be issued against the tenant and occupier together? It is ordinarily the case that the termination of a superior tenancy ends a subtenancy, though a lawful assured tenancy (including an assured shorthold tenancy) is not so terminated, the subtenant instead becoming the direct tenant of the superior landlord: section 18 of the Housing Act 1988 (HA 1988). That section does not appear to apply in these circumstances as any subletting is prohibited under the tenancy. Where a tenant leaves a property permanently, it is not necessary to obtain a possession order if it is clear that the tenancy has been surrendered by

View the related News about Abandonment

Overseas Production Orders—companies should prepare for new powers to gather electronic data

Corporate Crime analysis: The Crime (Overseas Production Orders) Act 2019 (C(OPO)A 2019) was enacted three years ago to give law enforcement agencies the power to directly obtain electronic data from service providers based outside the UK for the purpose of preventing, detecting and investigating serious crimes through the use of Overseas Production Orders (OPOs). Áine Kervick and Virginia Tournon of Kingsley Napley consider how OPOs work, what companies can expect in practice and recent updates.

The ZouZou—no insurance cover for ship detained under Venezuelan anti-smuggling laws

Insurance & Reinsurance analysis: The Commercial Court handed down judgment in Piraeus Bank v Antares (‘The ZouZou’) on 17 May 2022. The decision concerns mortgagees’ interest insurance and the standard exclusions in a war risk policy. Written by Guy Blackwood QC and Benjamin Coffer of Quadrant Chambers who appeared for the successful insurers.

No passing off found for use of Luv Injection band name (Thomas v Luv One Luv All Promotions)

IP analysis: The Intellectual Property Enterprise Court has dismissed a claim brought by the claimant: Ian Thomas, a musical performer, against the defendants, a musical group using the name Luv Injection, and his former musical partner Winston Thomas. Ian’s claim that Winston’s use of the Luv Injection name amounted to passing off was based on Ian’s claim to be the owner of the goodwill in the name Luv Injection by ‘appropriation’ of the name. This claim failed as there had been no form of transfer or transfer by operation of law from the Luv Injection partnership to Ian. The court also rejected Ian’s claim that Winston had abandoned his interest in the goodwill owned by Luv Injection by not actively seeking to realise his share in the assets of that partnership.

Willis says insurers are adding exclusions for Ukraine war

Law360: Global corporations are anxious about the Ukraine war's business tolls, while their insurers are cancelling coverage and adding exclusions for their losses in Russia, Belarus and Ukraine, broker Willis Towers Watson (WTW) said in a risk management conference on 11 April 2022.

Homeowners succeed in defects claim against contractor (Struthers v Davies)

Construction analysis: The Technology and Construction Court (TCC) found that the defendant building contractor was in repudiatory breach of contract, and awarded the claimant homeowners damages for defective works and losses consequent on termination. The court rejected the defendant’s arguments that the claimants’ attempt to terminate the contract was unlawful, and that certain remedial works carried out by the claimants had been unnecessary.

High Court considers repudiatory breach and wrongful termination in an aircraft lease contract dispute (OCA v Novans)

Commercial analysis: The High Court recently considered the termination of an aircraft lease to purchase contract between Olympic Council of Asia (OCA) and Novans (an aircraft broking and consultancy company). In finding for the claimant, the judgment considers the thorny contractual issues of repudiatory breach, contractual suspension, unjust enrichment and interpretation, all against the backdrop of a contract drafted without the benefit of legal advice. The defendant terminated the contract for non-payment of an invoice on the grounds that the claimant’s non-payment had amounted to a repudiatory breach. OCA subsequently brought its claim saying that this purported termination was in and of itself a breach. It also brought an alternative claim in unjust enrichment seeking restitution in relation to the monies it had paid over under the contract prior to the termination. The defendant counterclaimed that the claimant’s failure to pay the disputed invoice had amounted to a repudiation of the agreement that the defendant had duly accepted. Written by Rachel Ziegler, partner and Lex Townsley, trainee solicitor at Bryan Cave Leighton Paisner.

TMT weekly highlights—3 February 2022

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

Environment weekly highlights—16 December 2021

This week's edition of Environment weekly highlights includes analysis on the delay in making due diligence checks across supply chains mandatory in the EU, the upcoming EU rules for eco-friendly products, the effect of pre-Brexit EU law in domestic law, recent developments in ESG-inspired disputes, and how pension schemes and funds address climate change. In addition, this week the European Commission adopted four legislative proposals to assist with reaching the European Green Deal Goals, new rules were announced by the Department for Levelling Up, Housing and Communities on the decarbonisation of new built homes and buildings, the Scottish Budget incorporated measures to fight against climate change, the 2022 fishing catch limits were agreed between the UK, EU and Norway, the Department for Business, Energy & Industrial Strategy confirmed it is to proceed with amending the Greenhouse Gas Emissions Trading Scheme Order 2021, and the Department for Environment, Food & Rural Affairs published the UK REACH approach on substances of very high concern and banned the importing of hunting trophies from endangered and threatened species. We have also published two new Practice Notes—one provides an overview of COP26 and the other provides guidance on biodiversity and business.

Public procurement reform in the UK—three key take-aways from the government response to the Green Paper Consultation on Transforming Public

Public Law analysis: On 6 December 2021, the Cabinet Office published its response to the consultation on Transforming Public Procurement, in which it clarifies its proposals for reforming the UK’s public procurement regime set out in the Green Paper published in December 2020. Many of these proposals concern changes to the remedies regime that allows aggrieved bidders to challenge public procurement decisions. In this analysis, Elizabeth Forster and Tom Hutchison of Freshfields Bruckhaus Deringer consider the practical implications to challenging or defending public procurement decisions.

Banking & Finance—November 2021 case round-up

Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in Lexis®PSL Banking & Finance for November 2021.