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PRECEDENTS
[insert company name] PLC (the Company) Agreement of members to adjournment of the annual general meeting We, the undersigned, being [all the members [and
PRACTICE NOTES
Consent by a requested person to extradition Consent to extradition is when a requested person agrees to their own extradition pursuant to a request for extradition made under Parts 1 and 2 of the Extradition Act 2003 (EA 2003) before an order or an extradition decision is made. Ability to consent to extradition The ability to consent to extradition applies to a requested person arrested pursuant to: • an EA 2003, Pt 1 warrant • an EA 2003, Pt 2 warrant, or • a provisional warrant issued at the request of a category 1 or 2 territory • the power of provisional arrest under EA 2003, s 74A A requested person can consent both when the extradition request is based on an accusation and on a conviction. A requested person cannot consent in extradition proceedings taking place as a result of the UK entering into a special extradition arrangement under EA 2003, s 194 with a territory that is not a category 1 or 2 territory. Timing of consent to extradition The
PRECEDENTS
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD TAKE LEGAL ADVICE BEFORE SIGNING. IF YOU SIGN AND THE LENDER IS NOT PAID YOU MAY LOSE ANY INTEREST YOU MAY HAVE IN THE PROPERTY. Occupier: [insert name of occupier] of [insert address of Occupier] (the ‘Occupier’). Borrower[s]: [insert name(s) of Borrower(s)] of [insert address of Borrower(s)] [(the ‘Borrower’) OR (together, the ‘Borrowers’)]. Relationship to Borrower[s]: [daughter,
PRECEDENTS
1 Consent to terms and conditions—not data processing consent [Insert Terms and conditions you are seeking consent for, eg your T&Cs in relation to the product/service you are supplying] Please confirm you have read and agreed to these terms and conditions[ before you continue]. [ You must accept the terms and conditions [state reason, eg in order to continue with your purchase]. ] ☐  I agree to these [[insert description, eg Retail ]]terms and conditions 2 Mailing list consent—not marketing We would like to send you [occasional] news and updates about [insert description, being careful not to stray into the realms of marketing, eg timetable changes and service interruptions] by email, text message [and other electronic means], phone and post. We will always treat your personal details with the utmost respect and never [sell them to OR share them with OR other organisations [outside the [insert
PRECEDENTS
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD TAKE LEGAL ADVICE BEFORE SIGNING. IF YOU SIGN YOU MAY LOSE ANY INTEREST YOU MAY HAVE IN THE PROPERTY. Occupier: [insert name of Occupier] of [insert address of Occupier] (the ‘Occupier’). Seller[s]: [insert name(s) of Seller(s)] of [insert address of Seller(s)] [(the ‘Seller’) OR (together, the
PRECEDENTS
Company number: [insert number] [insert company name] [ Limited OR PLC] (the Company) Agreement of members to short notice of a general meeting We, the undersigned, being [all the members [and the nominees of members]
PRECEDENTS
Company number: [insert number] [insert company name] [LIMITED OR PLC] (the Company) Agreement of members to short notice of the annual general meeting We, the undersigned, being [all the members [and the nominees of members]
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). This Practice Note is for background information only and is not maintained. Background to consent To satisfy the first data protection principle in the DPA 1998 as derived from the Directive 95/46/EC (the Data Protection Directive), data controllers must be able to demonstrate, among other matters, that they have met: • one of the conditions for processing personal data under DPA 1998, Sch 2, and • if the data constitutes sensitive personal data, then in addition to this, one of the conditions for processing sensitive personal data under: ◦ DPA 1998, Sch 3; or under ◦ the Data Protection (Processing of Sensitive Personal Data) Order 2000, SI 2000/417, which sets out additional conditions which allow the processing of sensitive personal data in limited circumstances. For more information, see: Further conditions for processing special category personal data—Data Protection Act 2018: Encylopaedia
PRACTICE NOTES
For further practical guidance on key legal issues in the wind sector, see also textbook: Wind: Projects and Transactions. What is a 'generating station'? There are a number of different legislative definitions of a ‘generating station’ depending on the context; however, for planning purposes the phrase will generally be given its natural or ordinary meaning, with the caveat that section 235 of the Planning Act 2008 (PA 2008) imports the inclusive definition from section 64 of the Electricity Act 1989 (EA 1989) for all purposes except in Part 11. In all other parts, in relation to a generating station wholly or mainly driven by water, ‘generating station’ includes all structures and works for holding or channelling water for a purpose directly related to the generation of electricity by that station. What planning consents are required for smaller generating stations (at or under 50 MW)? In Great Britain (GB), onshore power station applications (eg for onshore wind generating stations) at or below 50 MW are considered by the local planning authority (LPA) in the normal planning
NEWS
Planning analysis: What are the consequences of an incorrect local authority search result? The case of Chesterton Commercial (Oxon) Limited v Oxfordshire County Council clarifies local authorities’ obligations when providing replies to a local search and provides some comfort to buyers acting in reliance on the results.
PRACTICE NOTES
Migration refers to the transfer by a company of its tax residence from one jurisdiction to another. This may be done for a number of reasons. Historically, some companies migrated overseas as a way of escaping the burden of UK taxation and taking advantage of lower tax rates. However, reforms that have improved the UK’s status as a holding company jurisdiction have made this less of a driver. On the other hand, commercial factors can also require a company to be incorporated in the UK but be tax resident in another country, for example if all the directors are living in that other country. For an explanation and comparison of the considerations when choosing a tax jurisdiction in which to locate the holding company of a corporate group, see Practice Note: Holding company jurisdictions—tax considerations. In practice, there are different ways in which a UK tax resident company (or group of companies) might migrate from the UK (or reorganise itself so as to achieve a similar result
NEWS
The High Court has ordered that an independent expert be allowed access a third party's database following a failure by that third party to comply with a Norwich Pharmacal order. The claimant's position was that the failure was due to the third party not having the requisite IT skills to comply with the initial order. The second order sought was made despite no provision for such an order within the CPR and no authorities on this point to date. Reliance was placed on textbook authors opinions and the Court of Appeal decision in Viagogo late last year.