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Although A is intending to apply to be appointed as B’s deputy, this appointment will not provide A with the authority to act as a trustee on B’s behalf in relation to the sale of the property. A separate application should be made under section 36(9) of the Trustee Act 1925 for permission for A and C to appoint A, or in the alternative a third party, D, to act as trustee in B’s place. The court will then consider the application and decide whether to appoint A or, if it considers there to be a conflict of interest, appoint D as trustee for B.
The application should be made by COP 1, together with COP 1D (supporting
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
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