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GLOSSARY

Notice of transfer definition

What does Notice of transfer mean?

A procedure used in cases of serious and complex fraud, and in certain cases involving child witnesses, whereby the prosecution can, without seeking judicial approval, have the case sent direct to the Crown Court without the need to have the accused committed for trial.

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Transfer of assets on the UKCS—the Master Deed

Transfer of assets on the UKCS—the Master Deed The Master Deed is the standardised process used in the oil and gas industry on the United Kingdom Continental Shelf (UKCS) to formalise asset transfers. It is a well-established process and covers two areas: (i) pre-emption, and (ii) standardised transfer arrangements. The Master Deed has four key aims: • standardise existing pre-emption provisions • create pro-forma transfer arrangements • reduce complexity around signing documentation, and • increase certainty around the timing of completion Structure The concept of the Master Deed is enshrined in the body of the Master Deed, however the majority of the day-to-day relevant provisions are contained in the schedules and are broken down as follows: • main body—appoints the Administrator to run the Master Deed processes and provides that new parties will join through Deed of Adherence • schedule 1—contains the Contracting Parties at the date of signature • schedule 2—New Transfer Arrangements—note that the Annexes to this schedule contain the Execution Deed • schedule...

Defendants' costs orders in proceedings commenced prior to 1 October 2012 [Archived]

Defendants' costs orders in proceedings commenced prior to 1 October 2012 [Archived] ARCHIVED: This archived Practice Note is being retained for historical interest and to assist practitioners dealing with cases where the old provisions apply. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) made significant changes to the regime which governs the making of a defendants' costs order (DCO) under the Prosecution of Offences Act 1985 (POA 1985), applicable to all proceedings on or after the 1st October 2012. See Practice Note: Recovering acquitted defendants' costs in criminal proceedings. The procedure for awarding costs in respect of proceedings commenced prior to the 1st October 2012 continues to be governed by the provisions of the POA 1985 before amendment by LAPSO 2012. These provisions are explained below. Under the Prosecution of Offences Act 1985, Pt II (POA 1985), acquitted defendants who have privately funded their litigation may obtain their costs out of central funds (this also applies to private prosecutors). A defence...

Discover our 3 Practice Notes on Notice of transfer

Does section 3 of the Landlord and Tenant Act 1985 apply where a freehold is sold subject to assured shorthold tenancies and other short term lettings?

Does section 3 of the Landlord and Tenant Act 1985 apply where a freehold is sold subject to assured shorthold tenancies and other short term lettings? Section 3(1) of the Landlord and Tenant Act 1985 (LTA 1985) provides that if the interest of the landlord under a tenancy of a dwelling is assigned, the new landlord must give notice in writing to the tenant of the assignment, and of his name and address, not later than the next day on which rent is payable or after two months if later. Under LTA 1985, s 3(3), a failure to give such notice amounts to a criminal offence (leading to a fine not exceeding level 4 on the standard scale, which is £2,500). Under LTA 1985, s 3(3A) the assigning landlord remains liable in respect of the landlord covenants for the period until notice of the assignment is given by either the old or the new landlord, with both being jointly and severally liable for any breaches which occur in the period...

Is it possible to have a deemed novation of a contract?

Is it possible to have a deemed novation of a contract? Novation Novation is the legal substitution of a new contract in place of an old one. It is the process whereby an existing contract is replaced with a duplicate or similar contract under which a third party assumes the rights and liabilities of one of the parties to the original contract. See Practice Note: Novation—why and how to novate a contract and Drafting and negotiating a novation—checklist. The effect of novation is to extinguish the existing contract and create a new contract. It does not necessarily cancel past rights and liabilities under the original contract, although the parties can agree to novate those as well. Novation can occur in all types of commercial contracts, from those comprising simple debts to takeovers, sale of businesses, banking transactions and construction contracts. Requirements for novation In order for there to be a valid novation, there are two essential requirements. It is necessary for all parties to consent to...

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