GLOSSARY
Minor definition
What does Minor mean?
A person who is under the age of eighteen.
A minor usually requires a litigation friend to pursue a legal action. Any settlement or award of damages made to a minor is subject to court approval.
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Claims on behalf of children—an introduction
A child is any person under the age of 18.There are important procedural issues that practitioners must consider in claims involving children. CPR 21 and CPR PD 21 contain the main provisions.If a child is involved in a claim they will usually be the claimant bringing the claim but claims may occasionally be brought against children.Litigation friendsRequirement for a litigation friendIn civil proceedings a child must have a litigation friend to conduct the proceedings on their behalf (unless the court directs otherwise).The only steps that can be taken (without the court’s permission) before the child has a litigation friend are:•issuing and serving a claim form•applying for the appointment of a litigation friendAny step taken before a child has a litigation friend has no effect unless the court orders otherwise.Who may be a litigation friend?A person may act as a litigation friend if they:•can fairly and competently conduct proceedings on behalf of the child•have no interest adverse to that of the child, and•undertake to pay any costs the child may be ordered to pay (where the child is the claimant)Often the child’s parent will act as a litigation friend, although there is no barrier to another adult acting instead.It is important to ensure that there is no conflict of interest between
Settlement agreements in employment—practical and tax issues
Settlement agreements in employment—practical and tax issues This Practice Note examines the practical issues that typically arise relating to an employment settlement agreement (formerly known as a compromise agreement). It also outlines the tax issues that are likely to be relevant, and refers to our related Practice Notes for further detail. For information on the legal requirements (ie the conditions regulating settlement agreements) that must be met in order for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements. Parties to the agreement In the case of an individual employer, or a company employer with a simple corporate structure, the employer and the employee will be the parties to the settlement agreement and there will be no need to refer to third parties. However, it may be that the identity of the employer is not straightforward, eg in a more complex corporate structure where: • the employee works, or has worked, for other companies in the employer’s group eg on secondment • the employee performs their work for one company, but is paid by another group company (eg employees are employed via a group 'services' company), or • the employee has had access to confidential information, or to customers or clients, of another group company In those circumstances, the employer will want to ensure that: • any potential claims the
Execution formalities—under a power of attorney
Execution formalities—under a power of attorney This Practice Note provides practical guidance on the proper execution of simple contracts and deeds by third party individuals or corporations (primarily companies incorporated under the Companies Act 2006 (CA 2006)), acting under a power of attorney. It considers who can grant a power of attorney, who can act as an attorney and execution formalities when executing simple contracts or deeds under a power of attorney. This Practice Note does not cover the execution of powers of attorney themselves. For details, see Precedent: Power of attorney for commercial transactions. This Practice Note does not cover the execution of documents by other authorised signatories of organisations. For more details, see Practice Note: Executing documents—deeds and simple contracts. What is a power of attorney? A power of attorney is a document that must be entered into as a deed under which one party (known as the donor) grants to the other party (known as the attorney) the power to act on behalf of and in the name of the donor. It is important for practitioners to understand the requirements for the appointment of attorneys and for the execution of documents under a power of attorney. There could be unintended consequences for contracting parties if an attorney
Facility agreements—construction provisions
Facility agreements—construction provisions The facility agreement is the principal document in the suite of documents which is needed for the provision of finance for a development or construction project. It sets out the terms and conditions under which a lender is prepared to provide finance for the project. The agreement will contain provisions which relate to all aspects of the funding arrangement, not just the construction related provisions. Whilst the banking and finance lawyers will draft and negotiate the finance related clauses, the construction lawyers will be required to look at the construction provisions on behalf of either the lender or the borrower. For more information on the general structure and layout of a facility agreement refer to Practice Note: Structure of a facility agreement for construction projects. In this Practice Note, the word borrower is used to describe the party who is borrowing the money. The borrower is usually a developer or employer. The word lender is used to describe the party lending the money (they may alternatively be referred to as the funder). This Practice Note highlights the common construction clauses which are typically found in a facility agreement. General considerations In order for the borrower to obtain the funding it requires, it must comply with the provisions of the facility agreement. A default by the borrower under the agreement could result in the lender refusing
Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives
Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives When applying for a sponsor licence, an organisation must decide who will act as its 'Key Personnel' for the purposes of the licence and its relationship with the Home Office. These are: • Authorising officer (AO) • Key contact (KC) • Level 1 user • Level 2 user Roles, responsibilities and requirements The table below summarises the key duties and responsibilities of each role and the key requirements for the holder of each. The same person can fill all the roles or different people can fill different roles. All must be a paid member of staff of the applicant organisation and/or an ‘office holder’, unless one of the other possibilities shown in the table applies. An office holder is usually a person who has been appointed to a role of responsibility at the organisation but who is not employed by them, eg as a registered company director. The Sponsor Guidance gives more details of this. 'Paid members of staff' will not include temporary staff supplied by an agency. Only Level 2 users can be agency staff. None of the roles can be undertaken by contractors or consultants who are contracted to perform a specific function, although Level 1 and 2 users can be employees of a third party to whom a sponsor has contracted out its HR function, and legal representatives can act as
State aid—Norway—Q&A guide [Archived, 2021 edition]
State aid—Norway—Q&A guide [Archived, 2021 edition] This Practice Note contains a jurisdiction-specific Q&A guide to state aid in Norway published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2021). Authors: Arntzen de Besche Advokatfirma AS—Svein Terje Tveit; Torjus Midthun Otterbech 1. Outline your jurisdiction’s state aid policy and track record of compliance and enforcement. What is the general attitude towards subsidies in your system? Norway has a strong public sector, and the Norwegian state is relatively active and involved in the market through public ownership, regulations, direct subsidies and other forms of state aid, as exemplified now in a time of crisis (the covid-19 pandemic). Services of general economic interest (SGEI) are a popular tool currently applied in sectors such as transport, broadcasting, healthcare, public infrastructure and culture. Norwegian and EEA state aid enforcement is, nevertheless, still at a fairly low level compared with EU member states. The European Free Trade Association (EFTA) Surveillance Authority (ESA) had adopted 72 decisions as at 25 March 2021 (56 relating to the covid-19 pandemic), 13 decisions in 2019, six decisions in 2018, 14 decisions in 2017, 17 decisions in 2016, 19 decisions in 2015 and 21 decisions in 2014 respectively concerning state aid in Norway. Further, there has been a sharp rise in cases notified under the General Block Exemption Regulation (GBER) to
Defence and security procurement—Mexico—Q&A guide [Archived, 2021 edition]
Defence and security procurement—Mexico—Q&A guide [Archived, 2021 edition] This Practice Note contains a jurisdiction-specific Q&A guide to defence and security procurement in Mexico published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021). Authors: Santamarina y Steta SC—Sergio Chagoya D.; José Antonio López González 1. What statutes or regulations govern procurement of defence and security articles? Article 134 of the Mexican Constitution provides the general principles for public procurement in Mexico at the federal and state levels. The Law of Acquisitions, Leases and Services of the Public Sector (the Public Procurement Law), together with its ruling (the Regulation of the Public Procurement Law) comprise the main legal framework under which all federal public procurement for defence and security matters are regulated, and detail the general constitutional principles. At the local level, procurement for security goods and equipment is regulated in state and municipality's public procurement legal framework, all of which contain somewhat similar provisions to those contained in the Public Procurement Law and its ruling. 2. How are defence and security procurements identified as such and are they treated differently from civil procurements? Defence and security procurements are identified as cases where the exceptional procedure under article 41, subsection IV of the Public Procurement Law is to be used. Owing to their special status, they are treated differently from standard civil procurements in
The good character requirement for British citizenship
The good character requirement for British citizenship Under data-ln-csis="274768" data-ln-lnis="4ST8-GSK0-TWPY-Y00H-00000-00">section 6(1) of the British Nationality Act 1981 (BNA 1981) and BNA 1981, Sch 1, para 1(1)(b), all applicants who apply for naturalisation as a British citizen must be of good character. The good character requirement also applies to persons aged ten or over who applies for registration as a British citizen. However, the good character requirement is not relevant for applications made under: • the statelessness provisions of BNA 1981, Sch 2 • BNA 1981, s 4B from an eligible person who has no other citizenship aside from being a British Overseas citizen, British subject under BNA 1981, British protected person or British National (Overseas) • BNA 1981, s 4C • BNA 1981, s 4F where a person would be entitled to register under BNA 1981, Sch 2, paras 4 or 5 • BNA 1981, ss 4G–4I There is no statutory definition of ‘good character’ and no statutory guidance on the interpretation or application of the requirement. There is however internal guidance to Home Office decision makers in the form of the Nationality Guidance, Good character requirement, which provides information on how the requirement is applied in practice in relation to all relevant applications for British citizenship. Currently the Nationality Guidance Registration
Applying to naturalise as a British citizen: eligibility
Applying to naturalise as a British citizen: eligibility Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do not fulfil automatic registration criteria but who have lived in the UK for specified periods to apply to become a British citizen. A person who becomes a British citizen through naturalisation is considered a British citizen otherwise than by descent. The current legal framework governing the criteria under which an application for naturalisation can be made is set out in the British Nationality Act 1981 (BNA 1981). BNA 1981, s 6 and Sch 1 set out a series of requirements, some of which are compulsory and others of which are subject to an exercise of discretion on the part of the Secretary of State for the Home Department (SSHD) to disregard. The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is in Crown service overseas or married to a British citizen in such service. Naturalisation, unlike registration, is not an entitlement. The grant of a certificate of naturalisation is at the discretion of the SSHD. Under BNA 1981, s 6, the SSHD may grant a certificate of naturalisation to a person of full age and
British citizenship status: deprivation and nullity
British citizenship status: deprivation and nullity IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration? This Practice Note discusses the powers of the Secretary of State for the Home Department (SSHD) to deprive a person of British citizenship status or to declare the status a nullity. It also covers the procedure for deprivation of citizenship, the effects it has on the subject and their family members, appeal rights and relevant case law. Legislative framework and guidance A significant proportion of the cases on deprivation of British citizenship status are national security cases heard in the Special Immigration Appeals Commission where the reasons for deprivation are that a person is known or alleged to be a threat to national security. The circumstances in which a British national can lose their citizenship are, however, much broader. Powers of deprivation in the full range of cases are found in section 40 of the British Nationality Act 1981 (BNA 1981). Under section 40(1), British citizens, British Overseas Territories citizens, British
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Articles of association—joint venture company—corporate real estate—deadlock (50:50)
Articles of association—joint venture company—corporate real estate—deadlock (50:50) Private Company Limited By Shares Articles of Association of [Insert name of company] Limited (Incorporated in England and Wales under registered no. [insert number]) (Adopted by Special Resolution passed on [insert date] 20[insert year]) 1 Model Articles 1.1 The Model Articles shall apply to the Company, except insofar as they are modified or excluded by these Articles or are inconsistent with these Articles, and, subject to any such modifications, exclusions or inconsistencies, shall together with these Articles constitute the articles of association of the Company to the exclusion of any other articles or regulations set out in any statute or in any statutory instrument or other subordinate legislation. 1.2 The whole of Model Articles 6(2) (committees), 7 (directors to take decisions collectively), 8 (unanimous decisions), 9(3) and 9(4) (calling a directors’ meeting), 11(2) and 11(3) (quorum for directors’ meetings), 12 (chairing of directors’ meetings), 13 (casting vote), 14(1–5) (conflicts of interest), 16 (directors’ discretion to make further rules), 17 (methods of appointing directors), 22 (powers to issue different classes of shares), 26(5) (share transfers), 27–29 (transmission of shares), 36 (authority to capitalise and appropriation of capitalised sums), 39 (chairing meetings), 44(2) (voting), 43 (errors and disputes), 50 (no right to inspect accounts and other records), 51 (provision for employees), 52 (indemnity) and 53 (insurance) shall not apply to the Company. 2 Definitions and Interpretation
Share purchase agreement—pro-buyer—individual sellers—conditional—long form
Share purchase agreement—pro-buyer—individual sellers—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 The several persons whose names and addresses are set out in Schedule 1 (together the Sellers), and 2 [Insert name of purchasing corporate entity] incorporated in [England and Wales OR [Insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Buyer), [(each of the Sellers and the Buyer being a Party and together the Sellers and the Buyer are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in[ England and Wales OR [insert country of incorporation]]. Details of the Company are set out in Schedule 2, Part A. (B) The Sellers are the legal and beneficial owners of the Sale Shares (as defined below), being in aggregate the entire allotted and issued share capital of the Company. (C) The Sellers have agreed to sell and the Buyer has agreed to purchase the Sale Shares on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement[ unless the context otherwise requires]: Accounts • means the audited accounts of[ the Company OR each Group Company and the audited consolidated accounts of the Group] [ for the accounting reference period ended on the Accounts Date OR for each of the last [insert number] consecutive accounting
API terms of use
API terms of use IP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK law as ‘IP completion day’), transitional arrangements ended and significant changes began to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT? Please read these api terms of use carefully before using the api. By using the api, you agree to be bound by these api terms of use. If you do not agree to these api terms of use you must not use our api for any purpose whatsoever. In these API Terms of Use, We, Our, Ourselves, Us or API Licensor means [insert company name] (a company incorporated in [England and Wales] under number [insert registered company number] whose registered office is at [insert address]) and You, Your or API Licensee means you (and if you are using the API on behalf of a legal person, business or other organisation (Organisation) includes you and also such Organisation). By using the API on behalf of any Organisation, You represent and warrant (promise) that You have all necessary capacity and authority to enter into these API Terms of Use on behalf of such Organisation as a legally
Recognising crime—red flags and warning signs for staff—law firms
Recognising crime—red flags and warning signs for staff—law firms You must remain alert to the red flags and warning signs of crime potentially taking place in our organisation. While you do not have to behave like a police officer, you must make the sort of enquiries that a reasonable person (with the same qualifications, knowledge and experience as you) would make. This awareness tool identifies typical red flags and warning signs that may indicate that our firm is involved in or is itself being used to commit crime (eg money laundering, terrorist financing, bribery, corruption, property or mortgage fraud or organised crime). These factors do not automatically mean that crime is taking place, but you should be aware of them and pay particular attention to matters where a number of factors are present. These red flags and warning signs would normally require further investigation. Methods for committing crime change all the time. We have set out below typical general red flags and warning signs, broken down into three categories: (1) the client, (2) the money, (3) the transaction and then signs to look out for in specific areas of work. The lists are not exhaustive. 1 The client Red flags and warning signs in relation to the client include where the client: —is excessively obstructive or secretive; —is a politically exposed person (PEP); —uses an intermediary, or does not appear to be
Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013)
Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions: Amendments to the General Conditions of Contract of the Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions The General Conditions in the IChemE Red Book, fifth edition (2013) shall have effect as modified by the following: Agreement Paragraph 8 In paragraph 8, delete ‘6.3’. Paragraph 14 In paragraph 14, after ‘fax number’ add: ‘or email address’. Insert ‘Email Address’ in the contact details section of both the Purchaser and the Contractor. Paragraph 16 Delete paragraph 16 and insert ‘Not used’. 1. Definitions, interpretation, waiver and Notices Sub-clause 1.1 1.1 In the definition of Cost, after ‘properly’ insert ‘, reasonably and necessarily’. In the definition of Legislation, at the end add (including Acts of Parliament and subordinate instruments; orders; rules and/or regulations made thereunder; and/or the rules; regulations and/or bye-laws made by any body of competent jurisdiction in respect of which the Contractor or Purchaser (as appropriate) has a legal obligation to comply, each as is in force from time to time). Delete the definition of Notice of Arbitration. Sub-clause 1.2 1.2 Add as a new paragraph at the end of Sub-clause 1.2:‘Where there is a discrepancy or an ambiguity within any of the documents comprising the Contract or between any of the Contract documents, the Project Manager may
Share purchase agreement—pro-buyer—corporate seller—conditional—long form
Share purchase agreement—pro-buyer—corporate seller—conditional—long form This Agreement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of selling corporate entity] incorporated in [England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Seller); 2 [Insert name of purchasing corporate entity] incorporated in England and Wales OR [insert country of incorporation] OR with registered number [insert company number] whose registered office is at [insert address] (the Buyer), and 3 [Insert name of guarantor entity] incorporated in England and Wales OR [insert country of incorporation]] with registered number [insert company number] whose registered office is at [insert address] (the Guarantor) [(each of the Seller, the Buyer and the Guarantor being a Party and together the Seller, the Buyer and the Guarantor are the Parties).] Background (A) The Company (as defined below) is a private company limited by shares and is incorporated in [England and Wales OR [insert country of incorporation]]. Details of the Company are set out in Schedule 1. (B) The Seller is the legal and beneficial owner of the Sale Shares (as defined below), being in aggregate the entire allotted and issued share capital of the Company. (C) The Seller has agreed to sell and the Buyer has agreed to purchase the Sale Shares on the terms of this Agreement. (D) The Guarantor
Lexcel post-assessment email to all staff
Lexcel post-assessment email to all staff Dear All We have completed our recent Lexcel assessment. We would like to thank you all for your co-operation especially those who were interviewed by the assessor. [If there are any major non-compliances then give details and what rectification is required and explain in more detail if a revisit is required] [There were some minor non-compliances
First aid provision—schedule of testing
First aid provision—schedule of testing This Precedent can be downloaded into . Checking or testing what? Date Method Responsibility Result Actions taken [First aid box contents] [Insert date] [Routine check of the contents of the first aid box; to include checking the contents against the approved list of contents, replacement of any missing or out of date items] [First aider] [Insert result] [Insert actions taken] [Test run of a minor injury
Standard order 3.2—search order—family proceedings
Standard order 3.2—search order—family proceedings Note: On 30 November 2017, the then President of the Family Division, Sir James Munby, issued additional guidance as to the use and status of financial and enforcement standard orders within family proceedings, see News Analysis: Financial and enforcement standard orders to be placed on a more ‘formal footing’. In his 18th View from the President’s Chambers dated 23 January 2018, Sir James confirmed that some of the standard orders published on 30 November 2017 contained ‘a minor error’. Amended versions of those standard orders were published on 22 January 2018 in the Practice Guidance: Standard financial and enforcement orders (addendum). Subsequent amendments where made on 16 November 2020 via a note issued by Mostyn J to reflect the substitution of Family Procedure Rules 2010 (FPR 2010),
Plot sale agreement—freehold
Plot sale agreement—freehold date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales with registration number [number] whose registered office is at] [address] (Seller) 2 [name of (first) Buyer] [and [name of second Buyer] each] [of OR incorporated in England and Wales with registration number [number] whose registered office is at] [address] (Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion • the date on which the transfer of the Property to the Buyer is actually completed, and references in the Standard Conditions to 'actual completion' must be read accordingly; Buyer’s Solicitors • [name] of [address] (reference [details]); [Charge[s] • the charge[s] appearing at [entry OR entries] [number] [and [number]] in the charges register of title number [number] at [date and time of official copy entries];] Competent Authority • any local authority, government department, other body exercising powers under statute or by Royal Charter, or utility service or supply company; Completion Date • [10] working days from (but excluding) the date on which the Seller [or the Seller’s Solicitors] serve[s] the Completion Notice on the Buyer; Completion Monies • The Price: (a) less the Initial Deposit[, OR and] the Deposit [and the Incentive] [; but] (b) [plus the Contents Price;] Completion Notice • the notice informing the Buyer of Practical Completion; Consents • [planning permission and] all [other] approvals, consents, permissions and licences of any local or other Competent Authority that may from time to time be necessary to
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Can a developer make an application for a minor amendment under section 96A of the Town and Country Planning Act 1990 to amend a prior approval of permitted development?
Can a developer make an application for a minor amendment under section 96A of the Town and Country Planning Act 1990 to amend a prior approval of permitted development? Permitted development rights and prior approval The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO), SI 2015/596 (as amended) provides that certain classes of development are ‘permitted development’ meaning that no express planning permission is required, instead permission is granted by the GPDO, SI 2015/596 and section 59 of the Town and Country Planning Act 1990 (TCPA 1990). A number of classes of permitted development require an application to be made to the local planning authority (LPA) for ‘prior approval’. Prior approval means that a developer has to seek approval from the LPA that specified elements of the development are acceptable before work can proceed. The matters for prior approval vary depending on the type of development and these are set out in the GPDO, SI 2015/596. An LPA cannot consider any other matters when determining a prior approval application. (See Paragraph: 026 Reference ID: 13-026-20140306 of the Planning Practice Guidance (PPG), ‘When is permission required?’). Permitted development rights are subject to the conditions and limitations specified in GPDO, SI 2015/596. An LPA can also impose additional conditions when granting prior approval, as the
Do disqualifying events apply to residential extension exemptions for the purposes of community infrastructure levy?
Do disqualifying events apply to residential extension exemptions for the purposes of levy-'>community infrastructure levy? Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, reg 42A sets out an exemption from CIL for residential annexes or extensions which meet certain criteria. It provides that a person is exempt from liability to pay CIL in respect of development if all of the following apply: • that person owns a material interest in a dwelling (the main dwelling). A material interest is defined in CIL Regulations, SI 2010/948, reg 4(2) as a legal estate in the land which is either a freehold estate or a leasehold estate, the term of which expires more than seven years after the day on which planning permission first permits the chargeable development
If A took B’s car without A’s permission and crashed it, rendering it useless, would B have a claim against A in the tort of conversion?
If A took B’s car without A’s permission and crashed it, rendering it useless, would B have a claim against A in the tort of conversion? B may be able to claim against A under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977). T(IG)A 1977, s 1 defines ‘wrongful interference with goods’, among others, as: • (a) conversion of goods • (b) trespass to goods Commentary: Trespass to goods compared with conversion: Halsbury’s Laws of England [271] sets out that the tort of conversion is concerned with the ‘most serious, or “exclusionary” interferences’, whereas trespass is ‘associated with minor interferences’. They are both strict liability torts, so there is no defence of lack of intent. An example of trespass to goods might include, eg scratching the panel of the claimant's car, or deliberately touching a painting hanging in a gallery. The action may not amount to a conversion, as the person with legal title is not excluded, however, such interferences can amount to a trespass. Tort of Conversion Claim—establishing a claim and remedies In considering claims for conversion, a stated ‘classic illustration’ is where the defendant steals the claimant’s car For further guidance, see Commentary:
Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours before the deadline and by a party that has repeatedly failed to comply with deadlines), what considerations will the court likely to take into account when deciding whether to grant an application for an extension of time for the service of a witness statement? The other party has not made an application for relief from sanctions.
Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours before the deadline and by a party that has repeatedly failed to comply with deadlines), what considerations will the court likely to take into account when deciding whether to grant an application for an extension of time for the service of a witness statement? The other party has not made an application for relief from sanctions. In answering this Q&A, we have limited our research to cover a situation where the other party has failed to comply with time limits set by a rule or practice direction under the CPR, or court order. Witness evidence and extensions of time As you will be aware, if a party wishes to rely on witness evidence, it must be set out in a witness statement, which must be served within the time specified by the court. CPR 32.10 provides: ‘If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission’ Furthermore, under CPR 3.8(1): ‘Where a party has failed to comply with a rule, practice direction or court order, any sanction
Where A dies intestate leaving a surviving spouse B, an adult child C and minor child D, and B and C take the Grant of Letters of Administration, what happens if B dies (more than 28 days after A’s death) before concluding the administration of the estate? Who is entitled to take a new Grant alongside C to conclude the administration of A’s estate? Is it the personal representatives of B or the person with parental responsibility for D?
Where A dies intestate leaving a surviving spouse B, an adult child C and minor child D, and B and C take the Grant of Letters of Administration, what happens if B dies (more than 28 days after A’s death) before concluding the administration of the estate? Who is entitled to take a new Grant alongside C to conclude the administration of A’s estate? Is it the personal representatives of B or the person with parental responsibility for D? We have assumed that the estate is larger than the statutory legacy. There is no chain of representation while there is a surviving executor or surviving administrator who has obtained a grant of representation. This means that C will continue as the sole surviving administrator of A's estate. No new grant is required. For more detail as to when a chain would and would not apply, see Practice Note: The chain of representation. However, where there is an ongoing trust for a minor beneficiary, eg a statutory trust for D, then the court may appoint an additional personal
Is there a definition of Robot?
Is there a definition of Robot? There is no statutory definition of ‘a robot’ in England and Wales and there is no recognised global legal definition of the term. Some jurisdictions have looked to introduce their own definition, for example, South Korean law defines a robot in the following way: ‘An intelligent robot is an autonomous machine that understands its external environment independently, that operates and reacts alone.’ However, this and other attempts to define the term have not been adopted by the criminal or civil law regimes in England and Wales. There is also no one agreed definition of robot among roboticists. The various definitions reflect specific research interests or design paradigms. Some roboticists qualify robots as mechanical objects that can do three things—they can sense, think and act. A technology does not ‘act’ by offering information in comprehensible form. ‘Acting’ means to have physical influence and therefore a software without physical influence is not a robot. Maja J. Matarić, Professor of Computer Science and Neuroscience and Director of the Center for Robotics and Embedded Systems at the University of Southern California, provided the following definition in 2007: ‘A robot is an autonomous system which exists in the physical world, can sense its environment, and can act on it to achieve some goals.’ As there is currently no legal framework for the civil liability of robots, robots are treated
What are the rules governing the establishment and administration of a trust for a minor arising out of an intestacy?
What are the rules governing the establishment and administration of a trust for a minor arising out of an intestacy? The Intestacy Rules (which derive authority under the Administrations of Estates Act 1925 (AEA 1925), as amended by the Inheritance and Trustees' Powers Act 2014) govern the estates of persons who die without leaving a validly executed will, or no will at all. The rules were significantly simplified following the amendments enacted in 2014. In summary, where the estate is worth less than £250,000, any surviving spouse or civil partner will inherit the entirety of the estate; if the estate is worth more than £250,000 and there are children, the first £250,000 will go to the spouse or civil partner. Of the remainder, one half goes to the spouse with the other half being divided among the surviving children. If there is no spouse or civil partner any children will inherit the whole equally. If a child is a beneficiary of an intestate estate, they cannot inherit directly, but rather their inheritance must be held within a trust until they reach the age of 18. A statutory trust is imposed by the law, the primary beneficiaries being the minor children who are living at the date of the death of the
Will a rentcharge which has been registered against a freehold title also be enforceable against the owners of any leasehold titles which are granted out of the freehold title? Also, should the rentcharge be registered against the leasehold titles?
Will a rentcharge which has been registered against a freehold title also be enforceable against the owners of any leasehold titles which are granted out of the freehold title? Also, should the rentcharge be registered against the leasehold titles? A rentcharge is a regular payment charged on land separate to any income payable under a lease. Section 1 of the Rentcharges Act 1977 (RcA 1977) defines a rentcharge as any annual or other periodic sum charged on or issuing out of land, except rent reserved by a lease or tenancy, or any sum payable of interest. See Practice Note: Rentcharges—apportionment, termination and enforcement. A rentcharge amounts to a registrable interest in land which allows the owner of the rentcharge to enforce payment of the money protected thereby. This interest is
What is the difference between commencement of a development and implementation of a planning permission?
What is the difference between commencement of a development and implementation of a planning permission? In practical terms, the phrases ‘commencement of development’ and ‘implementation of a planning permission’ will often mean the same thing, however, there are some key differences to be aware of, which can be very important. Firstly, it is important to note that both terms when used in legal drafting will usually have their own definition in the individual document. It is common when drafting legal agreements for both the terms to expressly exclude works such as site investigations, and erecting signage or boundary fences, which would otherwise fall within the definitions of ‘commencement of development’ or ‘implementation of planning permission’ commonly used in planning law. Section 106 agreements are often drafted in this way so that the planning obligations are not triggered by minor works and are conditional upon 'implementation' as defined in the agreement itself. In these circumstances, the effect of 'non-implementation' is that the planning obligations may not be triggered even though there has been commencement of development by, for example, demolition, site clearance or the digging of trenches for services. See Practice Note: Drafting section 106 agreements—practical advice for developers and Precedent: Precedent s 106 agreement. This is one significant distinction between the terms 'commencement' and 'implementation' as commonly used. Secondly, ‘commencement of development’ has
What is the statutory age for trusteeship? I am aware that a director of a company can be 16 years old but what about a trustee of a trust or other unincorporated association?
What is the statutory age for trusteeship? I am aware that a director of a company can be 16 years old but what about a trustee of a trust or other unincorporated association? Trustees A minor is a person under the age of 18 years: section 1 of the Family Law Reform Act 1969 and is also referred to as a child for the purposes of other statutory provisions: see, for example, section 105 of the Children Act 1989. There are various restrictions on the legal transactions a minor can undertake and this is why it is inappropriate for a minor to be appointed to represent others or hold assets. Consequently, a person must be at least sixteen years old to be a trustee of a charity that is a company or a charitable incorporated organisation and at least eighteen to be a trustee of any other trust. Section 20 of the Law of Property Act 1925 (LPA 1925) provides that the appointment of a minor to be a trustee in relation to any settlement or trust is void. Unincorporated associations The principles regarding unincorporated associations have evolved by case law, not statute. Unincorporated associations take a variety of forms including clubs, societies and voluntary organisations and their structure can involve the appointment of a management committee or trustees to
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Financial Services weekly highlights—23 June 2022
Welcome to the weekly Financial Services highlights from the Financial Services team for the week ending 23 June 2022. This week’s edition of Financial Services highlights provides an aggregation of the news reported by the Lexis®PSL Financial Services team over the past week and includes (1) news items relating to the conflict in Ukraine, (2) news items relating to Brexit, (3) updates from UK regulators, (4) updates from EU and international regulators, (5) updates from industry bodies and market participants, (6) new and updated content and (7) dates for your diary from Financial Services.
Private Client weekly highlights—23 June 2022
This week’s edition of Private Client highlights includes: (1) The Department for Health and Social Care updates its Care Act 2014 guidance; (2) Trust structures holding UK real estate: Reporting requirements under the Trust Registration Service and Register of Overseas Entities; (3) Re Gerald Lee and Sarah Lee, in which the FTT corrected HMRC’s interpretation of the term ‘the period of ownership’ for the purposes of the PPR relief rules; (3) HMRC v AML Tax (UK) Ltd, in which the First-tier Tribunal held that a split contract scheme was notifiable under DOTAS; (4) Canada (Attorney General) v Collins Family Trust, in which the Canadian Supreme Court refused to follow Pitt v Holt to rescind transactions for family trusts; (5) Revenue and Customs Commissioners v Coal Staff Superannuation Scheme Trustees Ltd, which held that UK taxation of manufactured overseas dividends was compatible with EU Law, and the latest issues of Trusts & Trustees, and Trust Law International.
Insurance & Reinsurance weekly highlights—23 June 2022
This week's edition of Insurance & Reinsurance weekly highlights includes: updates relating to the Ukraine conflict, cases and decisions, market practice, regulatory developments, dates for your diary and other news highlights reported over the past week.
IP weekly highlights—23 June 2022
Welcome to this week’s edition of the IP weekly highlights: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.
Life Sciences weekly highlights—23 June 2022
This week's edition of Life Sciences weekly highlights includes news that a new Moderna manufacturing and research development centre for mRNA vaccines will be built in the UK, analysis of the Court of Appeal’s dismissal of the ‘lay patient’ argument in Neurim v Mylan, and news that the European Federation of Pharmaceutical and Industries Associations (EFPIA) and Vaccines Europe have published their views on the World Trade Organization’s (WTO) endorsement of a TRIPS Agreement waiver for coronavirus (COVID-19) vaccines.
Unlawful inducement: pay increase was an ‘offer’ and not a ‘unilateral promise’ (Ineos Infrastructure Grangemouth v Jones)
Employment analysis: Under section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) it is unlawful for an employer to make an offer to a worker who is a member of an independent trade union which is recognised by that employer where (i) acceptance of that offer, together with other workers’ acceptance of offers, would have the prohibited result of the workers' terms of employment, or any of those terms, not being (or no longer being) determined by collective agreement negotiated by or on behalf of the union, and (ii) that was the employer’s sole or main purpose in making the offers. The employment tribunal in this case had been correct to find that a letter to employees notifying them of a pay increase was an offer rather than a unilateral promise or obligation and that the other parts of the test were also met on the facts. The purpose of TULR(C)A 1992, s 145B is to protect the rights enshrined in Article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms and, since those rights are the same both North and South of the border, there are no relevant distinctions in this context based on the Scots Law of contract, according to the EAT.
Limitation and the UK Building Safety Act: new claims and what insurers may have missed
Construction analysis: The Building Safety Act 2022 (the Act) became an Act of Parliament on 28 April 2022. It brings with it the most wide-ranging changes to building safety that the UK has ever seen. Parts of the new Act will come into force as soon as 28 June 2022. Of particular note is section 135, which dramatically increases limitation periods for claims to be brought in connection with unsafe buildings. The Act does this by amending key parts of Limitation Act 1980, the Defective Premises Act 1972 and the Building Act 1984.
Court of Appeal dismisses ‘Lay Patient’ argument agreeing divisional valid (Neurim v Mylan)
IP analysis: This is the end of the hard-fought UK battle between Neurim and Mylan. The Court of Appeal upheld Mr Justice Marcus Smith’s decision that the divisional patent was valid and infringed and so Mylan will now be subjected to a final injunction. The battle will continue in the European Patent Office (EPO), particularly as the parties agreed a cross-undertaking in damages in the event that the EPO revoke the patent (meaning Mylan dropped its application to stay the final injunction pending the EPO decision). However, a further challenge to the divisional patent, by Teva, will continue in the Patents Court. This decision demonstrates the difficulty of arguing a new point or elevating a minor point on appeal and is a further demonstration of why in the UK system it is so important to get the right expert and to produce robust evidence. Written by Ian Turner, of counsel at Marks & Clerk Law.
Insurance & Reinsurance weekly highlights—16 June 2022
This week's edition of Insurance & Reinsurance weekly highlights includes: updates relating to the Ukraine conflict, cases and decisions, market practice, regulatory developments, dates for your diary and other news highlights reported over the past week.
Construction weekly highlights—16 June 2022
This week's edition of Construction weekly highlights includes an article about the impact of the Building Safety Act 2022 on manufacturers and suppliers, information about two new consultations opened by the Department for Levelling Up, Housing and Communities (DLUHC) on the proposed Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations, and on the best ways to protect social housing residents from the dangers of poor electrical safety, commentary from industry bodies on what, if anything, has changed since the Grenfell Tower disaster that took place five years ago on 14 June 2017, the Architects Registration Board’s announcement (ARB) that it has reached an important milestone in the process that will help UK registered architects seek registration in the US, and vice versa, and a new report from the Construction Industry Training Board (CITB) highlighting the substantial recruitment and training challenges facing the construction industry.
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