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GLOSSARY
A physical object.
PRECEDENTS
This Deed is made on [date] Parties 1 [insert name of Chargor], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Chargor); and 2 [insert name of Lender] of [insert address] (the Lender). Recitals: (A) The Lender has agreed to make available a loan facility to the Chargor on the terms and conditions set out in the Facility Agreement (as defined below). (B) It is a condition precedent to the availability of the loan facility that the Chargor enters into this Deed for the purpose of providing security in favour of the Lender in respect of the Secured Obligations (as defined below). IT IS AGREED as follows: 1 Definitions and interpretation 1.1 Definitions In this Deed, unless otherwise provided: Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Facility Agreement • means the facility agreement entered into on [the date of this Deed OR [insert date]] between the Chargor as borrower and the Lender as lender; Insurance
GLOSSARY
Chattels personal are personal property that are movable and which are not chattels real or real property.
NEWS
Law360: A London judge has blocked the founder of an international luxury ride-hailing company from suing the anonymous publishers of two websites, allegedly part of a 'disinformation campaign' against the executive, ruling that he had not done enough to identify the people behind the sites.
GLOSSARY
To cheat or defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right.
PRACTICE NOTES
Offence of cheating the public revenue The offence of cheating the public revenue is a common law offence triable only on indictment. This means that, where the public revenue is the victim, the fraud will always be tried in the Crown Court, even though, had it been perpetrated privately between individuals, it might be suitable for summary trial. Section 32(1)(a) of the Theft Act 1968 (TA 1968) preserves the offence while abolishing the offence of cheating in general. In R v Dosanjh, the Court of Appeal determined that it is reasonable to assume that Parliament has deliberately left the common law offence untouched by statutory changes in this area because it recognised that it was appropriate to do so for the protection of the public. In that case, the Court of Appeal held there was good reason for charging the common law offence in relation to 'missing trader intra-community' (MTIC) frauds (see further: Missing trader intra-community (MTIC) or carousel fraud). The offence itself covers a broad category of offending and is widely used by His Majesty’s
NEWS
As announced in the spring update the CEST tool has been updated.
NEWS
HMRC has published guidance on whether and when a trust must be registered on the Trust Registration Service.
NEWS
Construction analysis: In a contract (under Scots Law) for the supply of materials, DC Eifeket Aggregates AS (DCE) proceeded under an erroneous belief that the contract required the supply of ‘category B’ rock (Type B) rather than ‘category A’ rock (Type A). Having proceeded to supply Type B, DCE was sued for breach of the obligation to supply Type A. DCE averred that the parties had conducted negotiations on the basis that Type B was going to be supplied, and thereafter that DCE had been paid for the supply of Type B. It argued, based on these averments, that: (i) properly construed, the contract required the supply of Type B, or, alternatively; (ii) Dragados (UK) Ltd (DUK) was now personally barred from asserting an entitlement to Type A. Both defences were found irrelevant at a legal debate. The case illustrates the importance of reviewing the technical requirements under a contract for materials, and the limited scope for a ‘plan B’ if you are faced with an action for implement or damages. Written by Nick McAndrew, advocate, Ampersand Advocates.
CHECKLISTS
Assistance with the checklist This summary checklist and timeline assumes that the trustee in bankruptcy (trustee) is in a position to issue an application to court seeking an order for the possession and sale of a property in which the bankrupt formerly had an interest that now vests in the trustee under section 306 of the Insolvency Act 1986 (IA 1986). It further assumes that the trustee has written to the owners of the property to attempt to realise their interest in the property without needing to make an application to court, and that it is the right time to make the application. Where the property is of a kind that falls within the scope of IA 1986, s 283A(1), then unless a trustee takes certain steps prior to the third anniversary of the making of the bankruptcy order, which includes applying to court for a possession and sale order, the trustee's interest in that property will automatically re-vest in the bankrupt. It
CHECKLISTS
Disclaimer in bankruptcy Summary Party responsible Detail Time Limit References Step 1 – Application requiring the trustee in bankruptcy to decide whether to disclaim the property Any person interested in any property held by a bankrupt Application in writing sent to the trustee in bankruptcy Such application may be made to the trustee in bankruptcy at any time prior to disclaimer of the property Section 316 of the Insolvency Act 1986 (IA 1986)Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 19.9 Step 2 – Application to court to extend date for decision Trustee in bankruptcy An insolvency application notice filed at court together with evidence in support Within 28 days of the interested person’s application IR 2016, SI 2016/1024, r 19.9(3) Notice of the application to be given to the interested party Unless the court directs otherwise, not less than 14 days before the hearing date IR 2016, SI 2016/1024, r 12.9 Step 3 – Permission to give notice of disclaimer Trustee in bankruptcy If
CHECKLISTS
Checklist The Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 give insolvency office-holders certain powers to take possession of the company's/bankrupt's property (including books, papers, accounts and other records) and to compel certain individuals/entities to deliver up relevant information concerning the affairs and property of the insolvent company/individual. For further reading, see: Evidence and evidence gathering—overview. This Checklist sets out the steps to be taken from making an original request for information/property all the way through to an application to court. Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the insolvency of the company/bankruptcy of the individual. For companies, this would include obtaining the delivery up of the company’s property and the production of books, papers and other records (including accounting information and bank statements) to which the company appears to be entitled and interviewing directors, former directors and any persons capable of giving information concerning the promotion, formation, business, dealings, affairs or property of the