The following Private Client practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on probate practice and provides answers or guidance on some of the main issues arising for practitioners. Although adapted from some of our Q&As, the latest guidance and updates will be contained in this Practice Note. For guidance on the impact of coronavirus on other areas relevant to Private Client practitioners, see: Coronavirus (COVID-19) and Private Client—overview.
On 17 March 2020, the government published guidance about the emergency coronavirus legislation to tackle the urgent issues that arise as a result of coronavirus. One of the five key areas covered by the Coronavirus Act 2020 (CA 2020) is managing the death of a person with respect and dignity. The legislation is limited in its application to a two year period and provisions are being implemented at different stages. It includes modifications to the usual rules and regulations regarding the registration of a death and takes account of the fact that some families may be self-isolating or otherwise house-bound due to coronavirus, as well as the potential impact of the pandemic in terms of the capacity for registration and other arrangements to be made within the usual timeframe.
Following the introduction of the bill to
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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