GLOSSARY

Turner definition

Published by a LexisNexis Pensions expert

What does Turner mean?

The Pensions Commission which lead to the introduction of auto-enrolment and the National Employment Savings Trust (NEST)

It was chaired by Adair Turner, later Lord Turner. Its final report was published in 2005.

Minimise

View the related practice notes about Turner

JIBFL articles

JIBFL articles Relevant articles The Journal of International Banking and Finance Law includes many useful articles on and related to MiFID which can be linked to from this page. These articles are only available to Lexis®Library subscribers. Date Article Brief description of article 1 May 2018 ‘The enforcement of basic norms of commerce and of fair and honest dealing’: holding banks to higher standards (Part Two) (2018) 5 JIBFL 294 In this article, Gerard McMeel continues the discussion of when a bank is a ‘fiduciary’, focusing on policy arguments favouring enhanced standards of behaviour for financial intermediaries. 1 April 2018 The English law rights of investors in Initial Coin Offerings (2018) 4 JIBFL 214 In this article, the authors consider, as a matter of English law, the rights and liabilities of parties to an Initial Coin Offering. 1 April 2018 Do the FCA's Principles for Business require a firm to give the best advice? (2018) 4 JIBFL 246 In this article, the author considers whether the Financial Conduct Authority's (FCA) high-level Principles for Business indirectly require a firm to give the best advice in order to act in a client's best interests. 1 February 2018 A summary and appraisal of EU financial regulation in four pages (2018) 2 JIBFL 67 Philip Wood, CBE, QC (Hon), considers the stance of the EU Regulations brought in by European regulators in response to the financial crisis. 1

Grounds of opposition: ground (c)—substantial breaches or other reason connected with use or management of holding

Grounds of opposition: ground (c)—substantial breaches or other reason connected with use or management of holding A landlord can oppose the grant of a new lease under section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954) by specifying ground of opposition (c): 'That the tenant ought not to be granted a new tenancy in view of other substantial breaches by him of his obligations under the current tenancy, or for any other reason connected with the tenant’s use or management of the holding.' The ground therefore consists of two limbs: substantial breaches of obligations, and other reasons connected with use or management of the holding. It is not necessary to establish a breach under the first limb in order to rely on other reasons under the second. Relevant breaches of obligation might include: • disrepair outside of the holding (disrepair within the holding being covered by ground (a)—see Practice Note: Grounds of opposition: ground (a)—breach of repairing obligation) • breach of the user covenant in the lease • breaches of the alterations covenant, the covenant to insure and the covenant against sharing possession The court will examine the position as at the date of the landlord’s notice and the date of the hearing. ‘Any other reason’ The courts have interpreted the second limb of ground (c), ‘any other reason connected with the tenant’s use or management of the holding’, relatively widely. It includes

Discover our 121 Practice Notes on Turner

TAKE A FREE TRIAL

View the related q&as about Turner

What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm was instructed by lay executors who approved the invoice?

What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm was instructed by lay executors who approved the invoice? Solicitors are entitled to remuneration for non-contentious business, such as estate administration work, that is fair and reasonable having regard to all the circumstances of the case, under the Solicitors’ (Non-Contentious Business) Remuneration Order 2009, SI 2009/193. Where a solicitor has rendered a bill for non-contentious probate work, the court has the power to assess the solicitors’ fees as to what is fair and reasonable under sections 70 and 71 of the Solicitors Act 1974 (SA 1974). The court may also retain a jurisdiction at common law to resolve challenges to the reasonableness of a solicitor’s bill of costs even where an assessment is not available under statute (see Turner v Palomo). Assessment under SA 1974 The people who may be entitled to have the bill assessed by the court under SA 1974, ss 70 and 71 are: • (1) the person chargeable with the bill (eg the client, such as a personal representative (PR)); • (2) anyone else who pays or is liable to pay that bill (eg where the purchaser in a conveyancing transaction is liable to pay his mortgagee’s legal fees); and • (3) any persons who are interested in property from which the

Can an attorney acting under an LPA for property and financial affairs conduct divorce and financial remedy proceedings on behalf of the donor (a) where the donor still has the mental capacity and (b) where the donor lacks the mental capacity to conduct these proceedings themselves?

Can an attorney acting under an LPA for property and financial affairs conduct divorce and financial remedy proceedings on behalf of the donor (a) where the donor still has the mental capacity and (b) where the donor lacks the mental capacity to conduct these proceedings themselves? Once registered with the Office of the Public Guardian (see Practice Note: LPAs—registration procedure), a lasting power of attorney (LPA) for property and financial affairs may be used, even if the donor still has mental capacity, unless the LPA contains a restriction stating that the attorney may only act under the LPA if the donor lacks capacity. Assuming that the LPA has been registered and does not contain any such restriction, the question is whether the scope of the authority of an attorney under an LPAfor property and financial affairs extends to conducting divorce and financial remedy proceedings on behalf of the donor. The general rule is that, if a donor does not restrict the decisions the attorney can make, the attorney will be able to make decisions regarding any or all of the person's property and financial affairs. The Mental Capacity Act 2005 (MCA 2005) Code of Practice states at paragraph 7.36 that this might include: • buying or selling property • opening, closing or operating any bank, building society or other account • giving access to the donor's financial information • claiming, receiving and

See the 19 Q&As about Turner

TAKE A FREE TRIAL

View the related News about Turner

Financial Services weekly highlights—28 July 2022

Welcome to the weekly Financial Services highlights from the Financial Services team for the week ending 28 July 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.

Financial and Credit Institutions take note—EBA issues detailed guidelines on role and responsibilities of the AML/CTF compliance officer and management body

Financial Services analysis: Ruth Paley, partner, Victoria Turner, principal associate, and Rachael Callister, associate from Eversheds Sutherland analyse the guidelines published by the European Banking Authority (EBA) on the role and responsibilities of the anti-money laundering (AML) and counter-terrorist financing (CTF) compliance officer and of the management body of credit or financial institutions. The authors set out key takeaways and provide practical advice on next steps.

Read the latest 349 News articles on Turner

TAKE A FREE TRIAL

View the latest Encyclopaedia of Forms and Precedents documents on Turner

30 Partnerships and limited liability partnerships

30 Partnerships and limited liability partnershipsPartners and prospective partners are protected from discrimination, victimisation and harassment by a firm or proposed firm1. The protection from discrimination applies to certain specific acts of discrimination, so could be considered less than that in respect of employees, although there is also a general requirement not to discriminate against a partner by subjecting them to ‘any other detriment’. The duty to make reasonable adjustments also applies to firms and proposed firms2. There are separate but similar provisions in relation to members and prospective members of limited liability partnerships3

Turner is referenced 1 in Encyclopaedia of Forms and Precedents

TAKE A FREE TRIAL

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"While we began looking at LexisNexis products primarily for cost saving, it quickly became more about customer service, ease of onboarding, ongoing training and breadth of resources available."

Co-Op

Access all documents on Turner

GET ACCESS NOW

Top