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NEWS
On 14 November 2024, the Sanctions (EU Exit) (Miscellaneous Amendments) (No.2) Regulations 2024, SI 2024/1157, were laid in Parliament. This instrument introduces several changes to sanctions legislation, including changes to the licensing and exceptions provisions, amendments to notification requirements in certain situations, changes to reporting requirements for relevant firms and involved persons, an amendment to certain asset freeze prohibitions and new civil monetary penalty powers for breaches in relation to Russia land prohibitions. The aim of these changes is to collectively improve the ability of HM Treasury’s Office of Financial Sanctions Implementation (OFSI) to implement and enforce financial sanctions.
NEWS
Family analysis: From 1 October 2026, the Chancery Division will be renamed the Business and Property Division (BPD), and include the Patents Court, Admiralty Court and Commercial Court. These changes concern court structure, allocation, terminology and procedure without amending the substantive law relevant to proceedings handled by the BPD. The necessary changes to the Civil Procedure Rules 1998 (CPR) are referred to collectively as ‘BPD changes’.
NEWS
HM Courts and Tribunals Service (HMCTS) Family Public Law (FPL) service has issued further release notes following user research on improvements to the Form C110a application journey. Release notes 10-13 are directed to local authorities and release notes 12-15 to solicitors. New design changes include ensuring that only respondents with parental responsibility are added to the relevant section and that anyone else with unclear parental responsibility is to be included in a section detailing 'other people' to be notified. Provision is also to be made to include an option to indicate where a respondent's address is unknown and users may now specify whether contact details need to be kept confidential, in line with private law proceedings. In addition, the section to be completed where there have been previous or ongoing proceedings has been redesigned. The changes are to be released with effect from 8 May 2025.
NEWS
Immigration analysis: On 19 February 2024, a few days before the two-year anniversary of the full-scale invasion of Ukraine, the UK government announced a series of changes to the Ukraine Scheme. Dmitri Macmillen, a solicitor at Wesley Gryk Solicitors LLP and the Work Rights Centre, discusses the latest updates to the Ukraine Scheme and the implications of them advisers should be aware of.
PRACTICE NOTES
ARCHIVED: This archived Practice note briefly describes the income tax and capital gains tax regime set out in the Finance (No 2) Act 2017 which applied to offshore trusts settled by non-UK domiciliaries prior to becoming deemed domiciled in the UK from 6 April 2017 until 5 April 2025. This Practice Note describes the income tax and capital gains tax (CGT) regime which applies to non-UK resident trusts settled by non-UK domiciliaries prior to becoming deemed domiciled in the UK from 6 April 2017 under section 835BA of the Income Tax Act 2007 (ITA 2007), a rule introduced by the Finance (No 2) Act 2017 (F(No 2)A 2017). It does not deal with the inheritance tax (IHT) treatment of residential property held through such trusts (for which see Practice Note: IHT on UK residential property held indirectly by non-domiciliaries from 6 April 2017). For information on when a trust is considered non-UK resident, see Practice Note: Tax position of non-resident trusts. For more information on the
NEWS
Three amendments to the Wildlife and Countryside Act 1981 (WCA 1981), which change the rules regarding the wild animal licensing regime, came into force on 30 September 2022. Per section 111 of the Environment Act 2021 (EA 2021), which amends WCA 1981, s 16, the ‘overriding public interest’ has become a new purpose under which wild animal licences can be issued in England. It also requires that wild animal licences can only be granted in England where ‘the is no other satisfactory solution’ and granting the licence will ‘not be detrimental to the survival of any population of the species of animal or plant to which the licence relates’. The amendments also extend the period for which a licence authorising a person to kill wild animals under the Conservation of Habitats and Species Regulations 2017 (the 2017 Regulations), SI 2017/1012, reg 55(10) can be granted to up to five years in the case of a licence granted by Natural England (NE). EA 2021, s 11 also amends WCA 1981, s 10 which sets out the exceptions to the provisions regarding the protection of certain wild animals, outlined in WCA 1981, s 9. This amendment means that nothing in WCA 1981, s 9 shall make unlawful anything done in relation to an animal of any species pursuant to a licence granted by NE under the 2017 Regulations, SI 2017/1012, reg 55.
PRECEDENTS
This document provides general guidance regarding changing a child’s name. Your family lawyer will be able to provide specific advice based on your circumstances. Who can change a child’s name? A child acquires their name when it is registered shortly after their birth by their mother or father, or someone else with parental responsibility. The birth certificate is the official record of the child’s name, as well as their date of birth and who their parents are. It is possible to change a child’s forename or surname, or add more names. There are some restrictions on names that can be used, based on public policy. The rules regarding children provide that: • if only one parent or person has parental responsibility for the child, that person can lawfully change the child’s name, however if the parent without parental responsibility objects
PRACTICE NOTES
This Practice Note should be read in conjunction with Practice Note: Company names and business names which summarises the legal requirements and restrictions regarding company and business names. For details of requirements relating to the disclosure of a company's name and other registration details at its premises, in its communications and on its business stationery and other documents, see Practice Note: Trading disclosures. Choosing a new company name Before proceeding with steps to change a company's name, the company and its directors should ensure that the proposed name is permitted in accordance with legislation. The Companies Act 2006 (CA 2006), The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015 and The Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 set out the restrictions and requirements in relation to company, limited liability partnership and business names. The company should also ensure that there are not already any companies registered with the desired name (or a name that would be deemed the 'same as' the proposed name) by checking the
CHECKLISTS
Matter to be considered or step to be taken Reference to relevant section(s) of Companies Act 2006 (CA 2006) and/or relevant material Tick box when step complete or matter considered Preparing to change the company's name and preliminary checks Check that the proposed company name is permitted in accordance with legislation. CA 2006, ss 53–76The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015, SI 2015/17The Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014, SI 2014/3140Company names and business names Check that the proposed company name is available by carrying out a search on the public register. Company names and business names Check the articles of association to see if the company has an alternative procedure to the special resolution procedure for changing the name of the company. CA 2006, s 78CA 2006, s 79Changing a company's name—flowchart Procedure for changing the name of the company If the company has an alternative procedure for changing the name of the company set
FLOWCHARTS
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PRACTICE NOTES
This Practice Note addresses the possibility of a party applying to change the identity of its Part 35 expert witness during the course of a claim. It describes the reasons why this may be required, the likely objection from an opponent that the party is engaging in ‘expert shopping’ and how the court will investigate if that is the real reason for the desired change. The question of permission being given on condition of the disclosure of materials prepared by the first expert witness is considered. The court’s approach to a proposal to change an expert It is in the court’s discretion whether or not to allow a party to put forward expert opinion evidence at trial. Whether to allow a party’s expert witness to be changed in the course of a case is a case management decision also involving the exercise of a discretion. Like all such matters, the court must consider all the relevant factors and the application of the overriding objective in CPR 1. It must therefore consider such applications justly from all
CHECKLISTS
Appointment of new trustee What are the eligibility criteria? Charity trustees must be appointed in accordance with both the terms of the charity’s governing document and the general law. The first step is to check the terms of the charity’s governing document, which may limit the number or the age of trustees. In any event, a person under the age of 18 cannot be a trustee of an unincorporated association or a charitable trust. However, a person aged 16 or over can be a director of a company and so can be a charity trustee of a charitable company. A person is disqualified from being a charity trustee or a trustee of a charity if they: • have an unspent conviction for dishonesty or deception • are an undischarged bankrupt, or the subject of bankruptcy restrictions or an interim order, or have not yet been discharged from a composition or arrangement (this includes an individual voluntary arrangement) with their creditors • have previously been removed as a charity trustee by an order of the Charity Commission or the court for