Section 18 definition

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Confiscation timetable—checklist

Confiscation timetable—checklist Under section 14 of the Proceeds of Crime Act 2002 (POCA 2002), the court should usually make a confiscation order before the defendant is sentenced but it may postpone the confiscation proceedings for a specified period of up to two years from the date of conviction—see Practice Note: Postponement of confiscation proceedings. Where it does so, the court will usually set a timetable for the exchange of information which is required under POCA 2002 (this is sometimes called the confiscation timetable). The following table sets out the documents exchanged for these purposes, when they are required and some key information for practitioners to note when considering these documents. Document: Required where: Commentary Information by defendant in response to an order under POCA 2002, s 18 The court proceeds to make a confiscation order under either POCA 2002, s 6(3)(a) (the prosecutor asks the court to make an order) or POCA 2002, s 6(3)(b) (the court believes it is appropriate to make an order), or where the court is considering whether to proceed to...

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Validity of Wills—signature

Validity of Wills—signature CORONAVIRUS (COVID-19): For Wills made on or after 31 January 2020, the formal requirement for a valid Will to be witnessed in the presence of two witnesses includes both physical and virtual presence, to allow Wills to be validly witnessed remotely by way of video conference. For the latest guidance on this temporary change (which takes effect for Wills made up to and including 31 January 2024), see Practice Note: Coronavirus (COVID-19)—Wills [ARCHIVED]. This change is introduced by the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, SI 2020/952 which amends Wills Act 1837 (WA 1837), s 9 and the Wills Act 1837 (Electronic Communications) (Amendment) Order 2022, SI 2022/18. Note that the guidance below relates to WA 1837 in its unchanged form. For details of the new rules and the changes to WA 1837, s 9, see Practice Note: Coronavirus (COVID-19)—remote witnessing of Wills [ARCHIVED]. STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment)...

Verification of documents and information

Verification of documents and information This Practice Note covers how information contained in a document or statement made by or on behalf of a person, can be relied on where there is a requirement to validate its authenticity in a commercial context. There are a number of ways to validate information and documents and this Practice Note explains when statutory declarations, oaths, affirmations and affidavits may be used; how to check that these have been correctly prepared, and includes guidance for practitioners when using these methods of validation. This Practice Note looks at the requirements for the following: • Statutory declarations • Oaths • Affirmations • Affidavits • Formalities for administering statutory declarations, oaths, affirmations and affidavits • Statutory declarations and affidavits out of jurisdiction For information on notaries, their purpose, steps required to notarise a document and the meaning of legalisation, see Practice Note: Notaries and notarisation. For guidance on certified copies, including what a certified copy is, when is a certified copy required, who can...

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Surrender of part and variation of registered lease (TP1)

Surrender of part and variation of registered lease (TP1) Precedent transfer An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from the link on this page. Drafting notes to precedent transfer Panel 3 — Property description Where a plan accompanies the transfer, HM Land Registry Practice Guide 40: guide overview of Land Registry plans sets out detailed rules relating to the plan. A failure to follow these rules will result in the application for registration being rejected. In particular, any plan relating to a disposition of part of a registered estate must be signed by both parties — this is good practice in any event (so as to ensure that the transferor (tenant) and the transferee (landlord) have approved the extent of the property that is being surrendered. Where a plan is not sufficient to allow clear identification of the land, HM Land Registry may ask for an additional plan to be lodged. HM Land Registry guidance confirms that it will...

Notice of tenant’s claim to acquire the freehold or an extended lease—house enfranchisement or lease extension (LRA 1967)

Notice of tenant’s claim to acquire the freehold or an extended lease—house enfranchisement or lease extension (LRA 1967) LEASEHOLD REFORM, ACT 1967 Notice of tenant’s claim to acquire the freehold or an extended lease To [Name and address of person on whom this notice is served] (see Note 1 below) [and] [To: [Name and address of any recipient of a copy of this notice*] (see Note 1 below, in addition, your attention is drawn to paragraphs 8 to 10 of this notice) (*Delete if paragraphs 5 to 10 are deleted) ] 1 I am the tenant of the house and premises of which particulars are given in the Schedule to this notice. 2 In exercise of my rights under Part I of Leasehold Reform Act 1967, I give you notice of my desire: [to have the freehold of the house and premises.* OR to have an extended lease of the house and premises.*] (*Delete whichever is inapplicable.) 3 The particulars on which I rely are set out in...

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A testator wishes to leave their estate to their husband who may be resident in India at the death of the testator. Does such residency affect a claim for spouse exemption?

A testator wishes to leave their estate to their husband who may be resident in India at the death of the testator. Does such residency affect a claim for spouse exemption? Practice Note: Introductory guide to residence and domicile for UK tax purposes provides a summary of the UK income tax, capital gains tax and inheritance tax (IHT) implications for an individual of being resident and/or domiciled in the UK. Whilst the Q&A refers to the non-UK residence of the surviving spouse, the Practice Note: Introductory guide to residence and domicile for UK tax purposes confirms that when considering the liability to IHT and, in particular, the transfer of assets between spouses or civil partners, it is the domicile of the parties which is of importance and that the spousal or civil partner exemption is limited to the amount of the nil rate band where: • the deceased or donor is UK domiciled, and • the spouse or civil partner is not UK

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Supreme Court considers article 7 and the principle of lex mitior (R v Docherty)

Corporate Crime analysis: Should domestic courts recognise and apply the principle of lex mitior within the body of article 7 of the European Convention on Human Rights (ECHR)? Kirsty Brimelow QC, of Doughty Street Chambers, and Philip Rule, of No5 Chambers, examine the Supreme Court’s answer in R v Docherty.