Broadly, the answer may be yes. However, it is important to understand that an Alternative Investment Market (AIM) listing alone does not guarantee that shares will qualify for business property relief (BPR). The following kinds of companies will not qualify: • those wholly or mainly investing in shares • those wholly or mainly investing in real

It is important to consider the obligations of a bankrupt to their trustee in bankruptcy (TIB). See Practice Notes: • Bankruptcy and co-ownership • Role, powers, functions and duties of a trustee in bankruptcy If a bankrupt person is undischarged from their bankruptcy, the trustee may want to consider whether there is scope to

The decision in Lewis and another v Metropolitan Property Realisations Ltd does not so much concern whether the interest of a trustee in bankruptcy in a property is assignable or otherwise transferable, but rather whether such a transfer constitutes ‘realisation’ for the purposes of section 283A(3) of the Insolvency Act 1986 (IA 1986). It is agreed that hypothetical situation here is distinct. There does not appear to be any authority directly considering whether a trustee in bankruptcy may transfer the benefit

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. The general function and role of the trustee in bankruptcy is to get in, realise and distribute the bankruptcy estate in accordance with sections 305–335 of the Insolvency Act 1986 (IA 1986) and IA 1986, Sch 5. The powers include the power to deal with property vested in the bankruptcy estate. The trustee is given a great deal of discretion when carrying out his functions and complying with his duties and the court will not interfere with the

The bankruptcy takes effect on the day the order is made under section 278(1) of the Insolvency Act 1986 (IA 1986). The effect of the making the order is to place restrictions upon the extent to which the person can make dispositions of property. To prevent the person dealing with his property, so as to reduce the value of the estate, which can be realised to meet the claims of creditors, any disposition made after the presentation of the bankruptcy petition is void, unless it is made with the consent of the court or is subsequently ratified by it (IA 1986, s 284(1)(3)). An exception to this general rule is where property

Ireland—Corporate analysis: This article, was written by A&L Goodbody LLP’s EU & Competition Team. The European Commission has clarified that sustainability-driven cooperation agreements, such as joint decarbonisation in ports, can comply with EU competition law if certain safeguards are followed.

This question raises the issue of the right of a landowner to restrict the ability of third persons to enter onto and remain on its land. The individual in the present case is said to be entering the land without permission. It is assumed therefore that the person in question is not a student member of the university. Subject to complying with any rules of code of conduct by which he or she has agreed to be bound, a student would have an implied licence to

Often undeservedly, ‘trippers and slippers’ have a reputation as the simplest category of personal injury cases, to be used as the training ground for junior counsel and solicitors. The brief factual summary set out in this Q&A illustrates the complexities that can frequently arise in identifying the appropriate tortfeasor/s. A tripping accident may have no less than four potential defendants with liability eventually being established against one defendant. Further, the simplest of tripping and slipping accidents can lead to very serious injuries and are the most common catalysts for the development of chronic pain, arguably the most complex of all personal injury claims. The moral

This Practice Note explores the ways law firms can be valued and expands on the factors most likely to influence this valuation. While there are a number of traditional ways of valuing firms, this Practice Note contains a worked example of an earnings-based valuation (discounted economic income). This tends to be the way investors value a business and, as such is a key calculation to complete before you begin any discussions. It may produce a result lower than you expected but will give you an insight into what an investor or buyer may be willing to pay. The discounted economic value model In simple terms, the discounted economic value model takes the future net cash earnings of a business and brings them back to a present value. In doing so, the model attempts to place a value (discount percentage) on the various risks faced by the business in delivering the net earnings stream over a period of years. Most law firms have similar risks, though their scale and impact will vary, as follows:

Family analysis: The President of the Family Division, Sir Andrew McFarlane, has published his latest View from the President’s Chambers, including updates on public and private children proceedings, court bundles, the disclosure of information between family and criminal agencies and jurisdictions, transparency and digitisation.

Clare Ambrose, Twenty Essex The obvious advantage is that the hearing can take place and the dispute resolved which is the ultimate aim of the tribunal. The tribunal’s duties of fairness to the parties do not require a hearing to take place in person, and if the arrangements will enable the hearing to go ahead then this will be a significant consideration justifying it. There is also a potential upside in costs savings as while there may be a cost to use the best technology, savings in hearing rooms and travel/hotels could be significant. Virtual hearings are still new, so practice is developing to address logistics. The technology options are wide and require investigation. To make the hearing work effectively, all participants in the arbitration need to test their technology in the space where the virtual hearing will (for each of them) be held. While

Property analysis: The Court of Appeal confirmed that the registration of a voidable disposition, before it is rescinded, is not a mistake justifying alteration of the register. However, the register could be brought up to date once the voidable disposition had been rescinded.